HB 219 HFA Webster 6-26 #1



Delegate Webster moves to amend the strike and insert amendment on page one, section one, line seven, by striking out subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) The Legislature finds that:
(1) West Virginia's population is 1,808,344, ranking 37^th among the fifty states.
(2) State Senate districts have a population of approximately one hundred six thousand three hundred seventy-three, and the average Delegate district has a population of approximately thirty- one thousand, one hundred seventy-eight. The size of these districts is substantially smaller than the United States Senatorial and Congressional Districts.
(3) When the relatively small size of the State's legislative and other voting districts is combined with the economics and typical uses of various forms of electioneering communication, history shows that non-broadcast media is and will continue to be a widely used means of making campaign related communications to target relevant audiences. Consequently, non-broadcast communications are prevalent during elections.
(4) Disclosure provisions are appropriate legislative weapons against the reality or appearance of improper influence stemming from the dependence of candidates on large campaign contributions, and the ceilings imposed accordingly serve the basic governmental interest in safeguarding the integrity of the electoral process without directly impinging upon the rights of individual citizens and candidates to engage in political debate and discussion.
(5) Disclosure of expenditures serve a substantial governmental interest in informing the electorate and preventing the corruption of the political process.
(6) Disclosure by persons and entities that make expenditures for communications that expressly advocate the election or defeat of clearly identified candidates, or perform its functional equivalent, is a reasonable and minimally restrictive method of furthering First Amendment values by public exposure of the state election system.
(7) Failing to regulate non-broadcast media messages would permit those desiring to influence elections to avoid the principles and policies that are embodied in existing state law.
(8) The regulation of the various types of non-broadcast media embodied within the amendments enacted during the Second Extraordinary Session of Two Thousand Eight, in addition to broadcast media, is tailored to meet the circumstances found in the State of West Virginia,
(9) Non-broadcast media such as mass mailing, telephone banks and billboards have proven to be effective means of election communication in West Virginia. Broadcast, satellite and non- broadcast media have all been used to influence election outcomes.
(10) Mass mailing and telephone communications can be more effective campaign methods than broadcast media because such communications can be targeted to registered voters or historical voters in the particular district. In contrast, broadcasted messages reach all of the general public, including person ineligible to vote in the district.
(11) Mass mailings or telephone communications in the final days of a campaign can be particularly damaging to the public's confidence in the election process because they reduce or make impossible an effective response.
(12) Identifying those funding mass mailing or telephone campaigns in the final days of a campaign may at least permit voters to evaluate the credibility of the message.
(13) In West Virginia, contributions up to the amounts specified in this article allow contributors to express their opinions, level of support and their affiliations.
(14) In West Virginia, campaign expenditures by entities and persons who are not candidates have been increasing. Public confidence is eroded when substantial amounts of such money, the source of which is hidden or disguised, is expended. This is particularly true during the final days of a campaign.
(15) In West Virginia, contributions to political organizations (defined in Section 527(e)(1) of the Internal Revenue Code of 1986) substantially larger than the amounts permitted to be received by a candidate's political committee have been recorded and are considered by the legislature to be large contributions.
(16) Independent expenditures intended to influence candidates' campaigns in the State are increasingly utilizing non- broadcast media to support or defeat candidates.
(17) Identification of persons or entities funding political advertisements assists in enforcement of the contribution and expenditure limitations established by this article and simply informs voters of the actual identities of persons or entities advocating the election or defeat of candidates.
(18) Identification of persons or entities funding political advertisements allows voters to evaluate the credibility of the message contained in the advertisement.
(19) Disclosure of the identity of persons or entities funding political communications regarding candidates bolsters the right of listeners to be fully informed."
On page thirteen, section one-a, line four, by striking out subdivision (15) in its entirety and by renumbering the remaining subdivisions;
On page fourteen, section one-a, line twelve, by striking out the words "or engaging in the functional equivalent thereof";
On page sixteen, section one-a, line three, paragraph (B), by striking out the subdivision designation (19) and inserting in lieu thereof the subdivision designation (18);
On page sixteen, section one-a, line six, paragraph (C), line five, by striking out the subdivision designation (30) and inserting in lieu thereof the subdivision designation (29);
On page eighteen, section four, line eleven, by striking out the words and numbers "subdivisions (22) and (25)" and inserting in lieu thereof the words and numbers "subdivisions (21) and (24)";
On page twenty, section five, line twenty, by striking out the words "or engaging in the functional equivalent thereof";
On page twenty-three, section eight, line seven, by striking out the words "or engaging in the functional equivalent thereof";
On page twenty-three, section eight, line twenty-four, by striking out the word "and";
On page twenty-four, section eight, line five, after the word "committees" and before the period by inserting the following:
"(D) Notwithstanding the provisions of subsection (a) of this section, corporations may make disbursements for political purposes, as defined in section one-a of this article, unless the communication is susceptible to no reasonable interpretation other than an appeal to vote for or against a candidate whose name is certified under section nine article five of this chapter to appear on a ballot at an election; and
(E) A disbursement for political purposes is permissible under paragraph (D) of this subdivision if it:
(i) Does not reference an election, candidacy, political party, opposing candidate or voting by the general public;
(ii) Does not take a position on any candidate's or officeholder's character, qualifications, or fitness for office; and
(iii) Focuses on a legislative, executive, or judicial matter or issue which either;
(I) Urges a candidate to take a particular position or action with respect to the matter or issue, or
(II) Urges the public to adopt a particular position and to contact the candidate with respect to the matter or issue, or
(iv) Proposes a commercial transaction, such as purchase of a book, video, or other product or service, or attendance (for a fee) at a film exhibition or other event";
On page twenty-six, section eight, line fourteen, by striking out the words "or engaging in the functional equivalent thereof";
On page twenty-nine, section fourteen, line five, by striking out the words "or engaging in the functional equivalent thereof";
On page twenty-nine, section fourteen, line ten, after the comma and the right quotation mark, by inserting the word "and";
And,
On page twenty-nine, section fourteen, line eleven, by striking out the words "and 'functional equivalent'".