H. B. 2485
(By Delegates Ennis, Doyle, Mahan, Pethtel,
Caputo and Miley)
[Introduced February 17, 2005; referred to the
Committee on the Judiciary.]
A BILL to repeal §3-8-5c of the code of West Virginia, 1931, as
amended; to amend and reenact §3-8-1, §3-8-2, §3-8-4, §3-8-7,
§3-8-8, and §3-8-12 of said code; and to amend said code by
adding thereto two new sections, designated §3-8-1a and §3-8-
2b, all relating to regulating elections; requiring the
disclosure of electioneering communications; prohibiting
corporate disbursements for electioneering communications; and
limitations on contributions to political action committees
and political organizations;
Be it enacted by the Legislature of West Virginia:
That §3-8-5c of the code of West Virginia, 1931, as amended,
be repealed; that §3-8-1, §3-8-2, §3-8-4, §3-8-7, §3-8-8, and §3-8-
12 be amended and reenacted; and that said code be amended by
adding thereto two new sections, designated §3-8-1a and §3-8-2b,
all to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-1. Provisions to regulate and control elections.
(a) The Legislature finds that:
(1) Election campaigns for statewide and state legislative
offices are becoming too expensive. As a result many West
Virginians are financially unable to seek election to public office
and candidates for statewide offices are spending inordinate
amounts of time raising campaign funds.
(2) Some candidates and elected officials, particularly when
time is limited, respond and give access to contributors who make
large contributions in preference to those who make small or no
contributions.
(3) In the context of West Virginia, contributions larger than
the amounts specified in this article are considered by the
legislature, candidates and elected officials to be large
contributions.
(4) Robust debate of issues, candidate interaction with the
electorate, and public involvement and confidence in the electoral
process have decreased as campaign expenditures have increased.
(5) Increasing campaign expenditures require candidates to
seek and rely on a smaller number of larger contributors, often
outside the state, rather than a large number of small
contributors.
(6) In the context of West Virginia, contributions up to the
amounts specified in this article adequately allow contributors to
express their opinions, level of support and their affiliations.
(7) In the context of West Virginia, candidates can raise
sufficient monies to fund effective campaigns from contributions no
larger than the amounts specified in this article.
(8) Limiting large contributions and limiting campaign
expenditures will encourage direct and small group contact between
candidates and the electorate and will encourage the personal
involvement of a large number of citizens in campaigns, both of
which are crucial to public confidence and the robust debate of
issues.
(9) Large contributions and large expenditures by persons or
committees, other than the candidate, reduce public confidence in
the electoral process and increase the appearance that candidates
and elected officials will not act in the best interests of the
state's citizens.
(10) Citizen interest, participation and confidence in the
electoral process is lessened by excessively long and expensive
campaigns.
(11) In West Virginia, campaign expenditures by persons who
are not candidates have been increasing and public confidence is
eroded when substantial amounts of soft money are expended,
particularly during the final days of a campaign.
(12) Identification of persons who publish political
advertisements assists in enforcement of the contribution and
expenditure limitations established by this act.
(b) Political campaign contributions, receipts and
expenditures of money, advertising, influence and control of
employees, and other economic, political and social control factors
incident to primary, special and general elections shall be
regulated and controlled by the provisions of this article and
other applicable provisions of this chapter.
§3-8-1a. Definitions.
As used in this article, the following terms have the
following definitions:
(1) "501(c)(4) organization" means either of the following:
(A) An organization described in section 501(c)(4) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code.
(B) An organization that has submitted an application to the
Internal Revenue Service for determination of its status as an
organization described in subdivision (A) of this paragraph.
(2) "Agent" means any person who has actual oral or written
authority, either express or implied, to make or to authorize the
making of expenditures on behalf of a candidate, or means any
person who has been placed in a position with the candidate's
campaign committee or organization such that it would reasonably
appear that in the ordinary course of campaign-related activities
the person may authorize expenditures.
(3) "Candidate" means an individual who has taken affirmative action to become a candidate for state, county, local or
legislative office in a primary, special, general or local
election. An affirmative action shall include one or more of the
following:
(A) accepting contributions or making expenditures totaling
one thousand dollars or more; or
(B) filing the requisite petition for nomination under this
title or being nominated by primary; or
(C) announcing that he or she seeks an elected position as a
state, county or local officer or a position as a delegate or
senator in the legislature.
(4) "Clearly identified" means that-
(A) the name or nickname of the candidate involved appears;
(B) a photograph or drawing of the candidate appears; or
(C) the identity of the candidate is apparent by an
unambiguous reference to the person or the person's status as a
candidate.
(5) "Continuing association" means an association, other than
a campaign committee, political party, legislative campaign fund,
political contributing entity, or labor organization, that is
intended to be a permanent organization that has a primary purpose
other than supporting or opposing specific candidates, political
parties, or ballot issues, and that functions on a regular basis
throughout the year. "Continuing association" includes
organizations that are determined to be not organized for profit
under subsection 501 and that are described in subsection
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.
(6) "Contribution" means a gift subscription, assessment,
payment for services, dues, advance, donation, pledge, contract,
agreement, forbearance or promise of money or other tangible thing
of value, whether or not conditional or legally enforceable, or a
transfer of money or other tangible thing of value to a person,
made for the purpose of influencing the nomination, election or
defeat of a candidate, or for the passage or defeat of any issue,
thing or item to be voted upon. An offer or tender of a
contribution is not a contribution if expressly and unconditionally
rejected or returned. A contribution does not include volunteer
personal services provided without compensation.
(7) The term "disclosure date" means either of the following:
(A) The first date during any calendar year when an
electioneering communication is aired after an entity has made
disbursements for the direct costs of producing or airing
electioneering communications aggregating in excess of ten thousand
dollars.
(B) Any other date during that calendar year by which an
entity has made disbursements for the direct costs of producing or
airing electioneering communications aggregating in excess of ten
thousand dollars since the most recent disclosure date for that calendar year.
(8) "Election" means the procedure whereby the voters of this
state or any of its political subdivisions select a person to be a
candidate for public office or fill a public office, or to act on
public questions including voting on constitutional amendments.
Each primary, general, special, run-off or local election shall
constitute a separate election.
(9) (A) "Electioneering communication" means any paid
advertising broadcast from a television or radio broadcast station,
published in any periodical or newspaper, or sent by mass mailing,
that has all the following characteristics:
(i) Refers to a clearly identified candidate for a statewide
office or the legislature.
(ii) Is made within one of the following time periods:
(a) sixty days before a general or special election for
the office sought by the candidate, or
(b) thirty days before a primary election or a convention
of a political party that has authority to nominate a candidate for
the office sought by the candidate.
(iii) Is targeted to the relevant electorate.
(B) "Electioneering communication" does not include any of the
following:
(i) A communication appearing in a news story, commentary, or
editorial distributed through the facilities of any broadcasting station, unless those facilities are owned or controlled by any
political party, political committee, or candidate.
(ii) A communication that constitutes an expenditure or
independent expenditure under this article.
(iii) A communication that constitutes a candidate debate or
forum conducted pursuant to rules adopted by the State Election
Commission or that solely promotes that debate or forum and is made
by or on behalf of the person sponsoring the debate or forum.
(iv) A communication made while the Legislature is in session
which, incidental to advocacy for or against a specific piece of
legislation pending before the Legislature, urges the audience to
communicate with a member or members of the Legislature concerning
that piece of legislation.
(v) A statement or depiction by an organization, in existence
prior to the time during which a candidate named or depicted
qualifies, made in that organization's newsletter, which newsletter
is distributed only to members of that organization.
(10) "Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or making an electioneering communication.
(11) "Express advocacy" means a communication that contains
express words advocating the nomination, election, or defeat of a
candidate or that contains express words advocating the adoption
or defeat of a public question.
(12) "Financial agent" means any person acting for and by
himself or herself, or any two or more natural persons acting
together or cooperating in a financial way to aid or take part in
the nomination or election of any candidate for public office, or
to aid or promote the success or defeat of any political party or
principle at any election, or any proposition submitted to a vote
at a public election.
(13) "General election campaign period" means the period
beginning the day after the primary election and ending on the day
of the general election in that election year.
(14) "Independent expenditure" means an expenditure made by
a person or entity other than a candidate or his or her committee
in support or opposition to the nomination or election of one or
more clearly identified candidates that is made without
consultation or coordination with a candidate or agent of a
candidate whose nomination or election the expenditure supports or
whose opponent's nomination or election the expenditure opposes.
Supporting or opposing the election of clearly identified
candidates includes supporting or opposing the candidates of a
clearly identified political party. A contribution is not an
independent expenditure.
(15) "Made in coordination, cooperation, or consultation
with, or at the request or suggestion of, any candidate or the
campaign committee or agent of the candidate" means made pursuant to any arrangement, coordination, or direction by the candidate,
the candidate's campaign committee, or the candidate's agent prior
to the publication, distribution, display, or broadcast of the
communication. An expenditure is presumed to be so made when it is
any of the following:
(A) Based on information about the candidate's plans,
projects, or needs provided to the person making the expenditure
by the candidate, or by the candidate's campaign committee or
agent, with a view toward having an expenditure made;
(B) Made by or through any person who is, or has been,
authorized to raise or expend funds, who is, or has been, an
officer of the candidate's campaign committee, or who is, or has
been, receiving any form of compensation or reimbursement from the
candidate or the candidate's campaign committee or agent;
(C) Made by a political party in support of a candidate,
unless the expenditure is made by a political party to conduct
voter registration or voter education efforts.
(16) "Mass mailing" means a mailing by United States mail,
facsimile, or Internet of more than five hundred pieces of mail
matter of an identical or substantially similar nature within any
thirty day period.
(17) "Name" means an individual's full first name, middle name
or initial, if any, and full legal last name, making the identity
of the person who made the contribution apparent by unambiguous reference.
(18) "Person" means an individual, partnership, committee,
association, corporation, and any other organization or group of
persons.
(19) "Political action committee" means a committee organized
by one or more individuals, corporations, associations, labor
unions or organizations, the primary purpose of which is to support
or oppose any candidate, political party, or public question, or to
influence the result of any election through express advocacy, and
that is not a political organization, political party or a campaign
committee. "Political action committee" does not include a
continuing association that makes disbursements for the direct
costs of producing or airing electioneering communications and that
does not engage in express advocacy.
(20) "Political organization" means any committee, club,
association, fund, or other group of persons (whether or not
incorporated), including but not limited to, a political
organization defined in section 527(e)(1) of the Internal Revenue
Code of 1986, organized and operated primarily for the purpose of
directly or indirectly accepting contributions aggregating in
excess of one thousand dollars during a calendar year or making
expenditures aggregating in excess of one thousand dollars during
a calendar, or both, to influence or attempt to influence the
selection, nomination, election or appointment of an individual to a state-wide or legislative office.
(21) "Political party" means a political party as defined by
section eight, article one, chapter three of this code or any
committee established, financed, maintained or controlled by the
party, including any subsidiary, branch or local unit thereof and
including national or regional affiliates of the party.
(21) "Primary election campaign period" means the period
beginning on the first day of the primary election filing period
and ending on the day of the subsequent primary election.
(22) "Public question" means an issue that is before the
voters for a binding decision.
(23) "Single source" means an individual, partnership,
corporation, association, labor organization or any other
organization or group of persons which is not a political committee
or political party.
(24) "Targeted to the relevant electorate" means a
communication which refers to a clearly identified candidate for
statewide office or the Legislature and which can be received by
ten thousand or more individuals in the state in the case of a
candidacy for statewide office and five hundred or more individuals
in the district in the case of a candidacy for the legislature.
§3-8-2. Accounts for receipts and expenditures in elections;
requirements for reporting independent expenditures.
(a) Except candidates for party committeemen and committeewomen, in primary and other elections and federal
committees required to file under the provisions 2 U.S.C. § 434,
all candidates for nomination or election and all persons or
organizations of any kind advocating or opposing a nomination,
election or defeat of any candidate shall keep records of receipts
and expenditures which are made for political purposes. All of the
receipts and expenditures are subject to regulation by the
provisions of this article. Verified financial statements of the
records and expenditures shall be made and filed as public records
by all candidates and by their financial agents, representatives or
any person acting for and on behalf of any candidate and by the
treasurers of all political party committees.
(b) In addition to any other reporting required by the
provisions of this chapter, any independent expenditure in the
amount of one thousand dollars or more for any statewide,
legislative or multi-county judicial candidate or in the amount of
five hundred dollars or more for any county office, single-county
judicial candidate, committee supporting or opposing a candidate on
the ballot in more than one county, any municipal candidate on a
municipal election ballot, which is made after the eleventh day but
more than twelve hours before the day of any election shall be
reported, on a form prescribed by the secretary of state, within
twenty-four hours after the expenditure is made or debt is incurred
for a communication, to the secretary of state by hand-delivery, facsimile or other means to assure receipt by the secretary of
state within the twenty-four hour period
(c) For purposes of this section, "independent expenditure"
means an expenditure made by a person other than a candidate or
committee for a communication which expressly advocates the
election or defeat of a clearly identified candidate but which is
made independently of a candidate's campaign and which has not been
made with the cooperation or consent of, or in consultation with,
or at the request or suggestion of, any candidate or any of his or
her agents or authorized committees. An expenditure which does not
meet the criteria for independence established in this subsection
is considered a contribution
(
dc) Any independent expenditure must include a clear and
conspicuous public notice which identifies the name of the person
who paid for the expenditure and states that the communication is
not authorized by the candidate or his or her committee.
§3-8-2b. Disclosure of Electioneering Communications
(a) Every individual, committee, association, or any other
organization or group of individuals that makes a disbursement for
the direct costs of producing and airing electioneering
communications in an aggregate amount in excess of ten thousand
dollars during any calendar year shall, within twenty-four hours of
each disclosure date, file with the state elections commission a
statement containing the information described in subsection (b) of this section.
(b)(1) Each statement required to be filed by this section
shall contain the following information:
(A) The identification of the entity making the disbursement,
of any entity sharing or exercising direction or control over the
activities of that entity, and of the custodian of the books and
accounts of the entity making the disbursement.
(B) The principal place of business of the entity making the
disbursement if the entity is not an individual.
(C) The amount of each disbursement of more than one thousand
dollars during the period covered by the statement and the
identification of the entity to whom the disbursement was made.
(D) The elections to which the electioneering communications
pertain and the names, if known, of the candidates identified or to
be identified.
(E) If the disbursements were paid out of a segregated bank
account that consists of funds contributed solely by individuals
directly to that account for electioneering communications, the
names and addresses of all contributors who contributed an
aggregate amount of more than one thousand dollars during the
period beginning on the first day of the preceding calendar year
and ending on the disclosure date. Nothing in this subdivision is
to be construed as a prohibition on the use of funds in such a
segregated account for a purpose other than electioneering communications.
(F) If the disbursements were paid out of funds not described
in subdivision (5) of this subsection, the names and addresses of
all contributors who contributed an aggregate amount of more than
one thousand dollars to the entity making the disbursement during
the period beginning on the first day of the preceding calendar
year and ending on the disclosure date.
(2) For each contributor for which information is required to
be reported under subsection (b)(1)(E) or (F) of this section, all
of the following shall be reported:
(A) The month, day, and year that the contributor made the
contribution or contributions aggregating two hundred dollars or
more;
(B)(i) The full name and address of the contributor, and, if
the contributor is a political action committee, the name the
political action committee registered with the Commission;
(ii) If the contributor is an individual, the name and address
of the individual's current employer, if any, or, if the individual
is self-employed, the individual's occupation and the name and
address of the individual's business, if any.
(C) A description of the contribution, if other than money;
(D) The value in dollars and cents of the contribution.
(c)(1) Any person who makes a contribution for the purpose of
funding the direct costs of producing or airing an electioneering
communication under this section shall provide the person's full
name and address to the recipient of the contribution at the time
the contribution is made.
(2) Any individual who makes a contribution or contributions
aggregating two hundred dollars or more during the period specified
in subsection (b)(1)(E) or (F) of this section, as applicable, for
the purpose of funding the direct costs of producing or airing an
electioneering communication under this section shall provide the
name of the individual's current employer, if any, or, if the
individual is self-employed, the individual's occupation and the
name of the individual's business, if any, to the recipient of the
contribution at the time the contribution is made.
(d) In each electioneering communication, a statement shall
appear or be presented in a clear and conspicuous manner that does
both of the following:
(1) Clearly indicates that the electioneering communication
is not authorized by the candidate or the candidate's campaign
committee;
(2) Clearly identifies the electioneering communication
committee making the disbursement for the electioneering
communication.
(e) Any coordinated electioneering communication is an
in-kind contribution, subject to the applicable contribution
limits prescribed in sections eight and twelve of this article, to the candidate by the electioneering communication committee making
disbursements to pay the direct costs of producing or airing the
communication.
(f) Within five business days after the commission receives a
disclosure of electioneering communications statement pursuant to
this section, the commission shall make available online to the
public through the internet the contribution and disbursement
information in that statement.
(g) For the purposes of this section, a person shall be
considered to have made a disbursement if the person has entered
into a contract to make the disbursement.
§3-8-4. Treasurers and financial agents; written designation
requirements; "person" and "financial agent" defined.
(a) No person shall act as the treasurer of any political
committee, or as financial agent for any candidate for nomination
or election to any office to be filled by the voters of the
entire state, or candidates for nomination or election for any
office, encompassing an election district larger than a county,
or candidates for nomination for legislative office, or any
person or organization advocating or opposing the nomination,
election or defeat of any candidate, encompassing an election
district larger than a county, unless a written statement
designating him or her as the treasurer or financial agent is
filed with the secretary of state at least twenty-eight days before the election at which he or she is to act and must be
received before midnight, eastern standard time, of that day or
if mailed, shall be postmarked before that hour: Provided, That a
change of treasurer may be made at any time by filing a written
statement with the secretary of state.
(b) No person shall act as treasurer of any committee or as
financial agent for any candidate to be nominated or elected by
the voters of a county or a district therein, except legislative
candidates, or as the treasurer or financial agent for a
candidate for the nomination or election to any other office,
unless a written statement designating him or her as the
treasurer or financial agent is filed with the clerk of the
county commission at least twenty-eight days before the election
at which he or she is to act and must be received before
midnight, eastern standard time, of that day or if mailed, shall
be postmarked before that hour: Provided, That a change of
treasurer may be made at any time by filing a written statement
with the clerk of the county commission.
(c) Notwithstanding the provisions of subsections (a) and
(b) of this section, a filing designating a treasurer or
financial agent for a state or county political executive
committee may be made anytime before the committee either accepts
or spends funds on behalf of the committee. Once a designation
is made by a state or county political executive committee, no additional designations are required under this section until a
successor treasurer or financial agent is designated. A state or
county political executive committee may terminate a designation
made pursuant to this section by making a written request to
terminate the designation and by stating in the request that the
committee has no funds remaining in the committee's account.
This written request shall be made with either the secretary of
state or the clerk of the county commission as provided by
subsections (a) and (b) of this section.
(d) As used in this article:
The term "person" means an individual, partnership,
committee, association, corporation, and any other organization
or group of persons; and
The term "financial agent" means any person acting for and
by himself or herself, or any two or more natural persons acting
together or cooperating in a financial way to aid or take part in
the nomination or election of any candidate for public office, or
to aid or promote the success or defeat of any political party or
principle at any election, or any proposition submitted to a vote
at a public election.
§3-8-7. Failure to file statement; delinquent or incomplete
filing; criminal and civil penalties.
(a) Any
individual, committee, association, candidate,
financial agent or treasurer of a political party committee
, or any other organization or group of individuals who fails to file
a sworn, itemized statement
as required by this article within
the time limitations specified in this article or who willfully
files a grossly incomplete or grossly inaccurate statement shall
be guilty of a misdemeanor and, upon conviction thereof, 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, or
municipal recorder, as the case may be, shall give notice of any
failure to file such sworn statement or the filing of any grossly
incomplete or grossly inaccurate statement by any
individual,
committee, association, candidate, financial agent or treasurer
of a political party committee
, or any other organization or
group of individuals and forward copies of any grossly incomplete
or grossly inaccurate statement to the prosecuting attorney of
the county where
such the individual, candidate, agent
, or
treasurer
, committee, association or any other organization or
group of individuals resides
, is located or has it's principal
place of business.
(b) (1) Any
individual, committee, association, candidate,
financial agent or treasurer of a political party committee
, or
any other organization or group of individuals who fails to file
a sworn, itemized statement as provided in this article or who files a grossly incomplete or grossly inaccurate statement may be
assessed a civil penalty by the secretary of state of twenty-five
dollars a day for each day after the due date the statement is
delinquent, grossly incomplete or grossly inaccurate. 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
grossly inaccurate statement by any
individual, committee,
association, candidate, financial agent or treasurer of a
political party committee
, or any other organization or group of
individuals and forward copies of such delinquent, incomplete or
inaccurate statements to the secretary of state.
(2) A civil penalty assessed pursuant to the provisions of
this section shall be payable to the state of West Virginia and
is collectable in any manner authorized by law for the collection
of debts.
(3) The secretary of state may negotiate and enter into
settlement agreements for the payment of civil penalties assessed
as a result of the filing of a delinquent, grossly incomplete or
inaccurate statement.
(4) The secretary of state and county clerk may review and
audit any sworn statement required to be filed pursuant to the
provisions of this article. The state election commission shall
propose legislative rule for promulgation, in accordance with the provisions of chapter twenty-nine-a of this code, to establish
procedures for the assessment of civil penalties as provided in
this section.
(c) No candidate nominated at a primary election who has
failed to file a sworn statement, as required by the provisions
of 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 is 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 the provisions of this article and
no such person may enter upon the duties of his office until he
has filed such statement, nor may he receive any salary or
emolument for any period prior to the filing of such statement.
§3-8-8. Corporation contributions forbidden; exceptions;
penalties; promulgation of rules and regulations; additional
powers of state election commission.
(a) No officer of any corporation, or agent or person on
behalf of such corporation, whether incorporated under the laws
of this or any other state, or foreign country, shall pay, give
or lend, or authorize to be paid, given or lent, any money or
other thing of value belonging to such corporation, to any candidate, financial agent or political committee or other
person, for the payment of any primary or other election expenses
whatever. No person shall solicit or receive such payment,
contribution or other thing from any corporation, officer or
agent thereof, or other person acting on behalf of such
corporation.
(b)(1) The provisions of this section shall not be deemed to
prohibit:
(A) Direct communications, other than by newspapers of
general circulation, radio, television or billboard advertising
likely to reach the general public, by a corporation to its
stockholders and executive or administrative personnel and their
families on any subject;
(B) Nonpartisan registration and get-out-the-vote campaigns
by a corporation aimed at its stockholders and executives or
administrative personnel and their families; and
(C) The solicitation of contributions to a separate
segregated fund to be utilized for political purposes by any
corporate officer, agent or any person on behalf of a
corporation. Any such fund shall be deemed to be a political
committee for the purpose of this article and subject to all
reporting requirements thereof.
(2) It shall be unlawful:
(A) For such a fund to make a contribution or expenditure by utilizing money or anything of value secured by physical force,
job discrimination, financial reprisal or the threat of force,
job discrimination or financial reprisal, or as a condition of
employment, or by moneys obtained in any commercial transaction;
(B) For any person soliciting a stockholder, executive or
administrative personnel and members of their family for a
contribution to such fund to fail to inform such person of the
political purposes of such fund at the time of such solicitation;
(C) For any person soliciting any other person for a
contribution to such a fund to fail to inform such other person
at the time of such solicitation of his right to refuse to so
contribute without any reprisal;
(D) For a corporation, or a separate segregated fund
established by a corporation to solicit contributions to such a
fund from any person other than its stockholders and their
families and its executive or administrative personnel and their
families or to contribute any corporate funds;
(E) For a corporation, or a separate segregated fund
established by a corporation to receive contributions to such a
fund from any person other than its stockholders and their
immediate families and its executive or administrative personnel
and their immediate families;
(F) For a corporation to engage in job discrimination or to
discriminate in job promotion or transfer because of an employee's failure to make a contribution to such fund;
(G) For such a fund directly or indirectly to make any
contribution in excess of the value of one thousand dollars in
connection with any campaign for nomination or election to or on
behalf of any elective office in the state or any of its
subdivisions, or in connection with or on behalf of any committee
or other organization or person engaged in furthering, advancing
or advocating the nomination or election of any candidate for any
such office; and
(H) For a corporation to pay, give or lend, or authorize to
be paid, given or lent, any moneys or other things of value
belonging to such corporation to such fund for any purpose. This
provision shall not be deemed to prohibit such a fund from using
the property, real or personal, facilities, and equipment of a
corporation solely to establish, administer, and solicit
contributions to the fund, subject to the rules and regulations
of the state election commission as provided in subsection (d) of
this section: Provided, That such corporation shall also permit
any group of employees thereof represented by a bona fide
political action committee to use the real property of such
corporation solely to establish, administer and solicit
contributions to the fund of such political action committee,
subject to the rules and regulations of the state elections
commission as provided in subsection (d) of this section. No such property, real or personal, facilities, equipment, materials or
services of a corporation shall be utilized for the purpose of
influencing any voter or voters to vote for a particular
candidate, or in any particular manner, or upon any particular
side of any question to be decided at any election, or to
influence the result of any such election.
(I) Public utility companies and railroad companies may not
form funds or political action committees in support of political
candidates or parties, and may not use corporate property, real
or personal, facilities, equipment, materials or services of said
utility to establish, administer or solicit contributions to such
fund or political action committee.
(J) For a corporation to make any disbursement for the costs
of producing or airing any electioneering communication. No
individual, committee, association, political organization or any
other organization or group of individuals, which has received
any payment from a corporation may make any disbursement for the
costs of producing and airing any electioneering communication.
For the purpose of this section, the term "electioneering
communication" does not include a communication by a section
501(c)(4) organization or a political organization if the
communication is paid for exclusively by funds provided by
individuals and the disbursements for costs of producing and
airing the communication are paid out of a segregated bank account that consists of funds contributed solely by individuals
directly to that account. An electioneering communication shall
be treated as made by a corporation if the corporation directly
or indirectly disburses any amount for any of the costs of the
communication.
(3) For the purposes of this section, the term "executive or
administrative personnel" means individuals employed by a
corporation who are paid on a salary rather than hourly basis and
who have policy making, managerial, professional or supervisory
responsibilities.
(c) Any person or corporation violating any provision of
this section shall be guilty of a misdemeanor, and, on
conviction, shall be fined not more than
five ten thousand
dollars. No corporation shall reimburse any person the amount of
any such fine imposed pursuant to this section.
(d) The state election commission shall promulgate rules and
regulations to implement the provisions of this section, which
rules and regulations, insofar as practicable, shall be the same
as the rules and regulations promulgated by the Federal Election
Commission to carry out those provisions of 2 USC § 441b which
are similar or identical to those provisions contained in this
section in order that the provisions of this section and the
regulations promulgated thereunder and the similar provisions of
2 USC § 441b and the regulations promulgated thereunder may be uniformly administered and applied to corporations subject to the
cited section of the Federal Election Campaign Act Amendments of
1976 and to this section. The state election commission shall
promulgate such rules and regulations not later than sixty days
after the effective date of this subsection and in doing so shall
be governed by the provisions of article three, chapter
twenty-nine-a of this code.
(e) In addition to its powers and duties as set forth in
article one-A of this chapter, the state election commission
shall have the following powers and duties:
1. To investigate, upon complaint or on its own initiative,
any alleged violations or irregularities of this article.
2. To administer oaths and affirmations, issue subpoenas for
the attendance of witnesses, issue subpoenas duces tecum to
compel the production of books, papers, records and all other
evidence necessary to any investigation.
3. To involve the aid of any circuit court in the execution
of its subpoena power.
4. To report any alleged violations of this article to the
appropriate prosecuting attorney having jurisdiction, which
prosecuting attorney shall present to the grand jury such alleged
violations, together with all evidence relating thereto, no later
than the next term of court after receiving the report.
It shall be the duty of the attorney general to provide such legal and investigative assistance to the state election
commission as it may request and require.
Any investigation either upon complaint or initiative, shall
be conducted in an executive session of the state election
commission and shall remain undisclosed except upon an indictment
by a grand jury.
Any person who shall disclose the fact of any complaint,
investigation or report or any part thereof, or any proceedings
thereon, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than one thousand dollars, nor
more than five thousand dollars, and shall be imprisoned in the
county jail not less than six months nor more than one year.
§
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 expressly advocating 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
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 in
connection with any campaign for nomination or election to or on
behalf of any statewide or national elective office, or in excess of the value of one thousand dollars, 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 committee or other
organization or person engaged in furthering, advancing or
advocating the nomination or election of any candidate for any of
the offices.
(g) A political organization or political action committee,
other than a political committee of a candidate or a political
party, that engages in activities either expressly advocating the
election or defeat of a clearly identified candidate for a
statewide office or the legislature, or in electioneering
communications, shall not accept contributions totaling more than
one thousand dollars from a single source, political committee or
political party during a primary election campaign period or a
general election campaign period.
(
gh) (1) Notwithstanding the provisions of subsection (f) of
this section to the contrary, the aggregate contributions made to
a state party executive committee or state party legislative
caucus committee are to be permitted only pursuant to the
limitations imposed by the provisions of this subsection.
(2) 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 in any calendar year.
(
hi) 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.
(
ij) No person may solicit any contribution from any
nonelective salaried employee of the state government or of any
of its subdivisions or 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.
(
jk) 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.
(
kl) 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.
(
lm) 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.
(n) The limitations on contributions established by this
section shall not apply to contributions made for the purpose of
advocating a position on a public question, including a
constitutional amendment.
NOTE: The purpose of this bill is require the disclosure of
electioneering communications; prohibit corporate disbursements
for electioneering communications; and limit contributions to
political action committees and political organizations.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§3-8-1a and 3-8-2a are new, therefore, strike-throughs and
underscoring have been omitted.