FISCAL NOTE
Date Requested: January 31, 2020
Time Requested: 11:11 AM |
| Agency: |
Secretary of State |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2752 |
Introduced |
HB4631 |
|
|---|
| CBD Subject: |
Elections |
|---|
|
FUND(S):
N/a
Sources of Revenue:
Other Fund N/a
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
No costs to state government.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2020
Increase/Decrease
(use"-") |
2021
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
The online campaign finance reporting system has current functionality to report this activity with needing to change the system.
Memorandum
W. Va. Code 3-1B-1 et seq. deals only with the Code of Fair Campaign Practices, which is a voluntary program and not commonly entered into by many candidates. If the intent is to require all candidate who switch political parties, this bill is better suited for W. Va. Code 3-8-1 et seq.
Additionally, there is no provision in this bill that clarifies what, if any, recourse a contributor has if the candidate has expended some or all of the contributions prior to switching parties. Does the candidate then have to pay the contributions back from her/his personal finances? This could create a difficult situation for both candidate and contributors, likely resulting in a necessity to go to circuit court. In that event, it would be beneficial to include an action for damages provision in the bill.
Person submitting Fiscal Note: Donald Kersey
Email Address: DKersey@wvsos.gov