Senate Bill No. 605
(By Senators Kessler, Foster and White)
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[Introduced February 15, 2007; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §3-8-9 and §3-8-12 of the Code of West
Virginia, 1931, as amended, all relating to campaign
contributions; clarifying language on contributions from
political committees to certain other political committees;
clarifying language regarding in-kind contributions;
clarifying that individuals negotiating for state contracts
may not contribute to candidates with whom they are
negotiating; adjusting campaign contribution limits to match
the federal limitations; allowing LLC contributions to
political committees; and providing for technical cleanup.
Be it enacted by the Legislature of West Virginia:
That §3-8-9 and §3-8-12 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-9. Lawful and unlawful election expenses; public opinion polls and limiting their purposes; limitation upon
expenses; use of advertising agencies and reporting
requirements; delegation of expenditures.
(a) No
candidate, financial agent or treasurer of a political
party committee shall pay, give or lend, either directly or
indirectly, any money or other thing of value for any election
expenses, except for the following purposes:
(1) For rent, maintenance, office equipment and other
furnishing of offices to be used as political headquarters and for
the payment of necessary clerks, stenographers, typists, janitors
and messengers actually employed therein;
(2) In the case of a candidate who does not maintain a
headquarters, for reasonable office expenses, including, but not
limited to, filing cabinets and other office equipment and
furnishings, computers, computer hardware and software, scanners,
typewriters, calculators, audio visual equipment, the rental of the
use of the same, or for the payment for the shared use of same with
the candidate's business and for the payment of necessary clerks,
stenographers and typists, actually employed;
(3) For printing and distributing books, pamphlets, circulars
and other printed matter and radio and television broadcasting and
painting, printing and posting signs, banners and other
advertisements, including contributions to charitable, educational
or cultural events, for the promotion of the candidate, the candidate's name or an issue on the ballot;
(4) For renting and decorating halls for public meetings and
political conventions, for advertising public meetings, and for the
payment of traveling expenses of speakers and musicians at such meetings;
(5) For the necessary traveling and hotel expenses of
candidates, political agents and committees, and for stationery,
postage, telegrams, telephone, express, freight and public
messenger service;
(6) For preparing, circulating and filing petitions for
nomination of candidates;
(7) For examining the lists of registered voters, securing
copies thereof, investigating the right to vote of the persons
listed therein and conducting proceedings to prevent unlawful
registration or voting;
(8) For conveying voters to and from the polls;
(9) For securing publication in newspapers and by radio and
television broadcasting of documents, articles, speeches, arguments
and any information relating to any political issue, candidate or
question or proposition submitted to a vote;
(10) For conducting public opinion poll or polls. For the
purpose of this section, the phrase "conducting of public opinion
poll or polls" shall mean and be limited to the gathering,
collection, collation and evaluation of information reflecting
public opinion, needs and preferences as to any candidate, group of candidates, party, issue or issues. No such poll shall be
deceptively designed or intentionally conducted in a manner
calculated to advocate the election or defeat of any candidate or
group of candidates or calculated to influence any person or
persons so polled to vote for or against any candidate, group of
candidates, proposition or other matter to be voted on by the
public at any election:
Provided, That nothing herein shall
prevent the use of the results of any such poll or polls to
further, promote or enhance the election of any candidate or group
of candidates or the approval or defeat of any proposition or other
matter to be voted on by the public at any election;
(11) For legitimate advertising agency services, including
commissions, in connection with any campaign activity for which
payment is authorized by subdivisions (3), (4), (5), (6), (7), (9)
and (10) of this subsection;
(12) For the purchase of memorials, flowers or citations by
political party executive committees or political action committees
representing a political party;
(13) For the purchase of nominal noncash expressions of
appreciation following the close of the polls of an election or
within thirty days thereafter;
(14) For the payment of dues or subscriptions to any national,
state or local committee of any political party;
and
(15) For contributions to a county party executive committee, state party executive committee or a state party legislative caucus
political committee;
and
(16) For contributions to a candidate committee in accordance
with the provisions of section ten of this article.
(b) A political action committee may not contribute to another
political action committee or receive contributions from another
political action committee: Provided, That a political action
committee may receive contributions from its national affiliate, if
any.
(b) (c) Every liability incurred and payment made shall be
at
a rate and for a total amount which is proper and reasonable and
fairly commensurate with for the fair market value of the services
rendered.
(c) (d) Every advertising agency subject to the provisions of
this article shall file, in the manner and form required by section
five-a of this article, the financial statements required by
section five of this article at the times required therein and
include therein, in itemized detail, all receipts from and
expenditures made on behalf of a candidate, financial agent or
treasurer of a political party committee.
(d) (e) Any candidate may designate a financial agent by a
writing duly subscribed by him which shall be in such form and
filed in accordance with the provisions of section four of this
article.
§3-8-12. Additional acts forbidden; circulation of written matter;
newspaper advertising; solicitation of contributions;
intimidation and coercion of employees; promise of
employment or other benefits; limitations on
contributions; public contractors; penalty.
(a) No person may publish, issue or circulate, or cause to be
published, issued or circulated, any anonymous letter, circular,
placard, radio or television advertisement or other publication
supporting or aiding the election or defeat of a clearly identified
candidate.
(b) No owner, publisher, editor or employee of a newspaper or
other periodical may insert, either in its advertising or reading
columns, any matter, paid for or to be paid for, which tends to
influence the voting at any election, unless directly designating
it as a paid advertisement and stating the name of the person
authorizing its publication and the candidate in whose behalf it is
published.
(c) No person may, in any room or building occupied for the
discharge of official duties by any officer or employee of the
state or a political subdivision of the state, solicit orally or by
written communication delivered within the room or building, or in
any other manner, any contribution of money or other thing of value
for any party or political purpose, from any postmaster or any
other officer or employee of the federal government, or officer or employee of the state, or a political subdivision of the state. No
officer, agent, clerk or employee of the federal government, or of
this state, or any political subdivision of the state, who may have
charge or control of any building, office or room, occupied for any
official purpose, may knowingly permit any person to enter any
building, office or room, occupied for any official purpose for the
purpose of soliciting or receiving any political assessments from,
or delivering or giving written solicitations for, or any notice
of, any political assessments to, any officer or employee of the
state, or a political subdivision of the state.
(d) Except as provided in section eight of this article, no
person entering into any contract with the state or its
subdivisions, or any department or agency of the state, either for
rendition of personal services or furnishing any material, supplies
or equipment or selling any land or building to the state, or its
subdivisions, or any department or agency of the state, if payment
for the performance of the contract or payment for the material,
supplies, equipment, land or building is to be made, in whole or in
part, from public funds may, during the period of negotiation for
or performance under the contract
or furnishing of materials,
supplies, equipment, land or buildings, directly or indirectly,
make any contribution to any political party, committee or
candidate for public office or to any person
that has oversight or
input into the awarding of a state contract being sought by the contributor for political purposes or use; nor may any person or
firm solicit any contributions for any purpose during any period.
(e) No person may, directly or indirectly, promise any
employment, position, work, compensation or other benefit provided
for, or made possible, in whole or in part, by Act of the
Legislature, to any person as consideration, favor or reward for
any political activity for the support of or opposition to any
candidate, or any political party in any election.
(f) No person may, directly or indirectly, make any
contribution in excess of the
value of one thousand dollars maximum
amount allowed by the Federal Election Commission for congressional
candidates, in connection with any campaign for nomination or
election to or on behalf of any statewide office, in connection
with any other campaign for nomination or election to or on behalf
of any other elective office in the state or any of its
subdivisions, or in connection with or on behalf of any person
engaged in furthering, advancing, supporting or aiding the
nomination or election of any candidate for any of the offices.
(g) No political organization (as defined in Section 527(e)(1)
of the Internal Revenue Code of 1986) may solicit or accept
contributions until it has notified the Secretary of State of its
existence and of the purposes for which it was formed. During the
two-year election cycle, a political organization (as defined in
Section 527 (e) (1) of the Internal Revenue Code of 1986) may not accept contributions totaling more than
one thousand dollars the
maximum amount allowed by the Federal Election Commission for
congressional candidates, from any one person prior to the primary
election and contributions totaling more than one thousand dollars
from any one person after the primary and before the general
election.
(h) It shall be unlawful for any person to create, establish
or organize more than one political organization (as defined in
Section 527(e)(1) of the Internal Revenue Code of 1986) with the
intent to avoid or evade the contribution limitations contained in
subsection (g) of this section.
(i) Notwithstanding the provisions of subsection (f) of this
section to the contrary, no person may, directly or indirectly,
make contributions to a state party executive committee or state
party legislative caucus committee which, in the aggregate, exceed
the value of
one thousand dollars the maximum amount allowed by the
Federal Election Commission for congressional candidates, in any
calendar year.
(j) The limitations on contributions contained in this section
do not apply to transfers between and among a state party executive
committee or a state party's legislative caucus political committee
from national committees of the same political party:
Provided,
That transfers permitted by this subsection may not exceed fifty
thousand dollars in the aggregate in any calendar year to any state party executive committee or state party legislative caucus
political committee:
Provided, however, That the moneys
transferred may only be used for voter registration and
get-out-the-vote activities of the state committees.
(k) No person may solicit any contribution, other than
contributions to a campaign for or against a county or local
government ballot issue, from any nonelective salaried employee of
the state government or of any of its subdivisions:
Provided, That
in no event shall any person acting in a supervisory role solicit
a person who is a subordinate employee for any contribution. No
person may coerce or intimidate any nonelective salaried employee
into making a contribution. No person may coerce or intimidate any
nonsalaried employee of the state government or any of its
subdivisions into engaging in any form of political activity. The
provisions of this subsection may not be construed to prevent any
employee from making a contribution or from engaging in political
activity voluntarily without coercion, intimidation or
solicitation.
(l) No person may solicit a contribution from any other person
without informing the other person at the time of the solicitation
of the amount of any commission, remuneration or other compensation
that the solicitor or any other person will receive or expect to
receive as a direct result of the contribution being successfully
collected. Nothing in this subsection may be construed to apply to solicitations of contributions made by any person serving as an
unpaid volunteer.
(m) No person may place any letter, circular, flyer,
advertisement, election paraphernalia, solicitation material or
other printed or published item tending to influence voting at any
election in a roadside receptacle unless it is: (1) Approved for
placement into a roadside receptacle by the business or entity
owning the receptacle; and (2) contains a written acknowledgment of
the approval. This subdivision does not apply to any printed
material contained in a newspaper or periodical published or
distributed by the owner of the receptacle. The term "roadside
receptacle" means any container placed by a newspaper or periodical
business or entity to facilitate home or personal delivery of a
designated newspaper or periodical to its customers.
(n) Any limited liability company, as that term is defined in
section one hundred one, article one, chapter thirty-one-b, making
a contribution pursuant to this section shall provide the names and
information required by this article for the managers or managing
members of the limited liability company when making a
contribution. A contribution by a limited liability company is a
contribution by its managers or managing members. Owners, managing
members and managers of limited liability companies, dual
partnerships, and sole proprietorships may not exceed the
contribution limitations within this section.
(n) (o) Any person violating any provision of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one thousand dollars, or confined in
a regional
or county jail for not more than one year, or, in the discretion of
the court, be subject to both fine and confinement.
(o) (p) The provisions of subsection (k) of this section,
permitting contributions to a campaign for or against a county or
local government ballot issue shall become operable on and after
the first day of January, two thousand five.
(p) (q) The limitations on contributions
established by
contained in subsection (g) of this section do not apply to
contributions made for the purpose of supporting or opposing a
ballot issue, including a Constitutional Amendment.
NOTE: The purpose of this bill is to clarify restrictions on
certain political contributions from political committees,
clarifying in-kind contributions, clarify that individuals
negotiating for state contracts may not contribute to candidates
with whom they are negotiating, increase campaign contribution
limits to match federal limits, allow LLC contributions to
political committees, and provide for technical cleanup.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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