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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