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Introduced Version House Bill 2958 History

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Key: Green = existing Code. Red = new code to be enacted
hb2958 intr
H. B. 2958


(By Delegates Stalnaker, Campbell and Border)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §3-8-7 of the Code of West Virginia, 1931, as amended, relating to requiring the Secretary of State to assess a civil penalty of twenty-five dollars per day when a candidate fails to file a campaign financial statement, or fails to amend an incomplete or inaccurate statement, within thirty days of receiving a certified notice that the statement is delinquent.

Be it enacted by the Legislature of West Virginia:
That §3-8-7 of the Code of West Virginia, 1931, 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 and civil penalties.

(a) Any person, candidate, financial agent or treasurer of a political party committee who fails to file a sworn, itemized statement 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 jail for not more than one year, or both, in the discretion of the court. Forty days after any 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 a sworn statement or the filing of any grossly incomplete or grossly inaccurate statement by any person, candidate, financial agent or treasurer of a political party committee and forward copies of any grossly incomplete or grossly inaccurate statement to the prosecuting attorney of the county where the person, candidate, financial agent or treasurer resides, is located or has its principal place of business.
(b) (1) Any person, candidate, financial agent or treasurer of a political party committee who fails to file a sworn, itemized statement as required 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 primary or other election, the county clerk shall give notice to the Secretary of State of any failure to file a sworn statement or the filing of any grossly incomplete or grossly inaccurate statement by any person, candidate, financial agent or treasurer of a political party committee and forward copies of such delinquent, incomplete or inaccurate statements to the Secretary of State. Any person, candidate, financial agent or treasurer of a political party committee who fails to file a sworn, itemized statement as required in this article or who fails to amend a grossly incomplete or grossly inaccurate statement within thirty days of receiving a certified notice to file or amend the statement shall be assessed a civil penalty by the Secretary of State of twenty-five dollars a day for each day from the date the statement was initially due.
(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 rules 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 or her 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 or her 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 person may enter upon the duties of his or her office until he or she has filed such statement, nor may he or she receive any salary or emolument for any period prior to the filing of such statement.



NOTE: The purpose of this bill is to require the Secretary of State to assess a civil penalty of $25 dollars per day when a candidate fails to file a campaign financial statement, or fails to amend an incomplete or inaccurate statement, within thirty days of receiving a certified notice that the statement is delinquent.

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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