Senate Bill No. 357
(By Senators Grubb, Wagner, Wiedebusch, White,
Yoder, Macnaughtan and Oliverio)
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[Introduced February 14, 1995;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section seven, article eight, chapter
three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the regulation
and control of elections; authorizing the secretary of state
to assess civil penalties on any candidate, financial agent
or treasurer of a political party committee who fails to
file or who files a delinquent, grossly incomplete or
inaccurate sworn financial statement required by this
article; enabling the secretary of state to promulgate
legislative rules establishing procedures for assessing
civil penalties; and authorizing the secretary of state and
county clerk to review and audit certain sworn financial
statements filed by a candidate for public office, financial
agent or treasurer of a political party committee.
Be it enacted by the Legislature of West Virginia:
That section seven, article eight, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-7. Failure to file statement; delinquent or incomplete
filing; criminal penalties; civil penalties.
(a) Criminal penalties. Any candidate, financial agent or
treasurer of a political party committee, who fails to file a
sworn, itemized statement as in this article provided, within the
time required, or who willfully files a grossly incomplete or
inaccurate statement, shall be guilty of a misdemeanor, and, upon
conviction, shall be fined not less than five hundred dollars, or
imprisoned in the county jail for not more than one year, or
both, in the discretion of the court. Forty days after any such
primary or other election, the secretary of state, or county
clerk, as the case may be, shall give notice of any failure to
file such statement by any candidate, financial agent or
treasurer of such committee, to the prosecuting attorney of the
county where such delinquent resides.
(b) Civil penalties. (1) Any candidate, financial agent or
treasurer of a political party who fails to file a sworn,
itemized statement as in this article provided, or who files a
grossly incomplete or inaccurate statement may be assessed a
civil penalty by the secretary of state of not more than fifty
dollars a day for each and every day after the due date the
statement is delinquent, grossly incomplete or inaccurate. In no
event shall the penalty assessed by the secretary of state exceed
twenty-five percent of all contributions a candidate, financial
agent or treasurer of a political party receives relating to an election. Forty days after any such primary or other election
the county clerk shall give notice to the secretary of state of
any failure to file such sworn statement or the filing of any
grossly incomplete or inaccurate statement by any candidate,
financial agent or treasurer of a political party and forward
copies of such delinquent, incomplete, or inaccurate statements
to the secretary of state.
(2) The civil penalty is payable to the state of West
Virginia and is collectable in any manner now or hereafter
provided for the collection of debts. If any person liable to pay
a civil penalty neglects or refuses to pay the same, the amount
of the civil penalty, together with interest at ten percent, is
a lien in favor of the state of West Virginia upon the property,
both real and personal, of such a person after the same has been
entered and docketed to record in the county where such property
is situated. The clerk of the county, upon receipt of the
certified copy of such, shall enter same to record without
requiring the payment of costs as a condition precedent to
recording.
(3) The secretary of state is permitted to enter into
consent agreements or negotiated settlements for the imposition
of civil penalties assessed as a result of filing a delinquent,
grossly incomplete or inaccurate statement required to be filed
in this article.
(4) The secretary of state and county clerk may review and
audit any sworn statement required by this article. The
secretary of state may promulgate and adopt rules which establish procedures for the assessment of a civil penalty on any
candidate, financial agent or treasurer of a political party.
(c) No candidate nominated at a primary election, who has
failed to make a sworn statement as required by this article,
shall have his name placed on the official ballot for the ensuing
election, unless there has been filed by or on behalf of such
candidate, or by his financial agent, if any, the financial
statement relating to nominations required by this article. It
shall be unlawful to issue a commission or certificate of
election, or to administer the oath of office, to any person
elected to any public office who has failed to file a sworn
statement as required by this article, and no such person shall
enter upon the duties of his office until he has filed such
statement, nor shall he receive any salary or emolument for any
period prior to the filing of such statement (1908, c. 22; 1915,
c. 26; § 26; c 27, § 8; 1916, c.5; Code 1923, c.3, § 26a(26); c.
5, § 8b(8); 1963, c.64; 1985, c.72.)
NOTE: The purpose of this bill is to allow the secretary of
state to assess a civil penalty on any candidate, financial agent
or treasurer of a political party who files a late, grossly
incomplete or inaccurate statement of certain financial
information with the clerk of the county commission or the
secretary of state.
Strike-through indicate language that would be stricken from
present law and underscoring indicates new language that would be
added.