H. B. 3212
(By Delegates Miley, Iaquinta and Fragale)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §3-8-5b of the Code of West Virginia,
1931, as amended, relating to campaign finance reporting.
Be it enacted by the Legislature of West Virginia:
That §3-8-5B of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-5b. Where financial statements shall be filed; filing date
prescribed.
(a) The financial statements provided
for in this article
shall be filed, by or on behalf of candidates, with:
(1) The Secretary of State for legislative offices and for
statewide and other offices to be nominated or elected by the
voters of a political division greater than a county;
(2) The clerk of the county commission by candidates for
offices to be nominated or elected by the voters of a single county
or a political division within a single county; or
(3) The proper municipal officer by candidates for office to be nominated or elected to municipal office.
(b) The statements may be filed by mail, in person, or by
facsimile or other electronic means of transmission:
Provided,
That the financial statements filed by or on behalf of candidates
for Governor, Secretary of State, Attorney General, Auditor,
Treasurer, Commissioner of Agriculture and Supreme Court of Appeals
with the Secretary of State shall be filed electronically by the
means of an Internet program to be established by the Secretary of
State.
(c) Committees
and candidates required to report
electronically may apply to the State Election Commission for an
exemption from mandatory electronic filing in the case of hardship.
An exemption may be granted at the discretion of the State Election
Commission.
(d) For purposes of this article, the filing date of a
financial statement shall, in the case of mailing, be the date of
the postmark of the United States Postal Service, and in the case
of hand delivery or delivery by facsimile or other electronic means
of transmission, the date delivered to the office of the Secretary
of State or to the office of the clerk of the county commission, in
accordance with the provisions of subsection (a) of this section,
during regular business hours of such office.
(e) The sworn financial statements required to be filed by
this section with the Secretary of State shall be posted on the
Internet by the Secretary of State within ten business days from
the date the financial statement was filed.
NOTE: The purpose of this bill is to change language about
campaign finance reporting.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.