H. B. 4550
(By Mr. Speaker, Mr. Chambers, and Delegate Staton)
(Introduced February 22, 1994; referred to the
Committee on the Judiciary.)
A BILL to amend and reenact section eight, article five, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said chapter by adding thereto a new article, designated section eight-a, all relating to providing for a code of fair campaign practices, and providing reduced candidate filing fees for political candidates who sign the code of fair campaign practices.
Be it enacted by the Legislature of West Virginia:
That section eight, article five, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said chapter be further amended by adding thereto a new article, designated article eight-a, all to read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§
3-5-8. Filing fees and their disposition; penalties.
Every person who becomes a candidate for nomination for or election to office in any primary election, shall, at the time of filing the certificate of announcement as required in this article, pay a filing fee as follows:
(a) A candidate for president of the United States, for vice-president of the United States, for United States senator, for member of the United States House of Representatives, for governor and for all other statewide offices shall pay a few equivalent to one percent of the annual salary of the office for which the candidate announces;
(b) A candidate for the office of judge of a circuit court and judge of any court of record of limited jurisdiction shall pay a few equivalent to one three percent of the total annual salary of the office paid from any and all sources for which the candidate announces:
Provided,
That in lieu of the requirements of this subsection, a candidate for the office of judge of a circuit court and judge of any court of record of limited jurisdiction may pay a fee equivalent to one percent of the total annual salary of the office paid from any and all sources for which the candidate announces if such candidate signs the code of fair campaign practices as provided in section three, article eight-a of this chapter.
(c) A candidate for member of the House of Delegates shall pay a fee of ninety-nine thirty three dollars, and a candidate for state senator shall pay a fee of one hundred and ninety-four sixty six dollars:
Provided,
That in lieu of the requirements of this subsection, a candidate for member of the House of Delegates may pay a fee of thirty-three dollars, and a candidate for state senator may pay a fee of sixty-six dollars if such candidate signs the code of fair campaign practices as provided in section three, article eight-a of this chapter.
(d) Any candidate for any office mentioned in subsections (b) and (c) of this section who takes advantage of the relevant lowered fee amounts set forth in such subsections, as a result of the candidate having signed the code of fair campaign practices as provided in section three, article eight-a of this chapter, shall plainly indicate the fact that he or she has signed that code in all of his or her campaign literature and in all of his or her other campaign advertising.
(e) A candidate who signs the code of fair campaign practices as provided in section three, article eight-a of this chapter and who subsequently pays the lower filing fee as provided in subdivisions (b) and (c) of this section, but who exceeds the campaign spending limits as provided in such code of fair campaign practices shall pay a fine to the appropriate filing officer of three times the amount by which the candidate exceeds said limits.
(f) (d) A candidate for sheriff, prosecuting attorney, circuit clerk, county clerk, assessor, member of the county court commission and member of the county board of education shall pay a fee equivalent to one percent of the annual salary of the office for which the candidate announces:
Provided,
That the fee in no case shall be less than five dollars. A candidate for any other county office shall pay a fee of five dollars;
(e) (g) A candidate for justice of the peace magistrate in districts having a population of five thousand or less shall pay a fee of ten dollars; in districts having a population of more than five thousand and not more than twenty-five thousand, fifteen dollars; and in districts having more than twenty-five thousand population, each candidate shall pay a fee of twenty-five dollars;
(f) A candidate for constable in districts having a population of five thousand or less shall pay a fee of five dollars; in districts having a population of more than five thousand and not more than twenty-five thousand, ten dollars; and in all other districts fifteen dollars;
(g) (h) Delegates to the national convention of any political party shall pay the following filing fees:
A candidate for delegate-at-large shall pay a fee of twenty dollars; and a candidate for delegate from a congressional district shall pay a fee of ten dollars;
(h) (i) Candidates for members of political executive committees and other political committees shall pay the following filing fees:
A candidate for member of a state executive committee of any political party shall pay a fee of ten dollars; a candidate for member of a county executive committee of any political party shall pay a fee of one dollar; and a candidate for member of a congressional, senatorial or delegate district committee of any political party shall pay a fee of one dollar.
Candidates filing for an office to be filled by the voter of one county shall pay the filing fee to the clerk of the circuit court, and candidates filing for an office to be filled by the voters of more than one county shall pay the filing fee to the secretary of state at the time of filing their certificates of announcement, and no certificate of announcement shall be received until the filing fee is paid.
All moneys received by such clerk from such fees shall be credited to the general county fund. Moneys received by the secretary of state from fees paid by candidates for offices to be filled by all the voters of the state shall be deposited in a special fund for that purpose and shall be apportioned and paid by him to the several counties on the basis of population, and that received from candidates from a district or judicial circuit or more than one county shall be apportioned to the counties comprising the district or judicial circuit in like manner. When such moneys are received by sheriffs, it shall be credited to the general county fund.
ARTICLE 8A. FAIR CAMPAIGN PRACTICES.
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3-8A-1. Intent of Legislature.
The Legislature hereby declares that the purpose of this article is to give every candidate for public office and every chairperson or treasurer of a political committee in this state the opportunity to subscribe voluntarily to the code of fair campaign practices.
It is the goal and intent of the Legislature that every candidate and person responsible for the activities of a political committee in this state follow the basic principles of decency, honesty and fair play. It is the further intent of the Legislature that candidates for high office have the opportunity to voluntarily limit campaign spending to the reasonable specific amounts contained herein.
The purpose in creating the code of fair campaign practices is to give voters guidelines in determining fair play and to encourage candidates and others to discuss issues instead of untruths or distortions.
§
3-8A-2. Definitions.
As used in this article, unless otherwise specified:
(a) "Campaign advertising or communication" means a communication authorized by a candidate or a candidate's committee for the purpose of advocating the nomination, election or defeat of a candidate;
(b) "Candidate for public office" means an individual who has filed a precandidacy statement according to the provisions of section five-e, article eight of this chapter, has qualified to have his or her name listed on the ballot of any election, or who has declared his or her intention to seek nomination or election through a petition or write-in procedure for any state, regional, county, municipal, or district office which is to be filled at an election;
(c) "Chairperson of a political committee" means the person appointed to direct the activities of a committee organized for political purposes, including any candidate's committee, political party committee, corporate political action committee, or independent political action committee;
(d) "Code" means the code of fair campaign practices; and
(e) "Treasurer of a political action committee" means the person designated to act on behalf of a political committee to conduct the financial transactions of the committee.
§
3-8A-3. Code of fair campaign practices.
At the time an individual files his or her precandidacy statement, declaration of candidacy, nominating petition, and other paper evidencing an intention to be a candidate for public office, or when an individual files the statement of organization of a political committee, the circuit clerk, county clerk, or secretary of state receiving such filing shall give the individual a copy of the code of fair campaign practices and of the provisions of this article. The form shall state that subscription to the code is voluntary.
The text of the code shall read as follows:
CODE OF FAIR CAMPAIGN PRACTICES
I SHALL CONDUCT this campaign openly and publicly, discussing the issues as I see them, presenting positions and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of candidates or political parties which merit such criticism.
I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander or scurrilous attacks on any candidate or his or her personal family life.
I SHALL CONDEMN the use of campaign advertising or communication of any sort which misrepresents, distorts, or otherwise falsifies the facts regarding any candidate or issue raised in my campaign.
I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on race, sex, religion, national origin, physical handicap, physical health status or age.
I SHALL NOT USE OR PERMIT any dishonest or unethical practice which tends to corrupt or undermine our American system of free elections, or which hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, or from voting, or which is intended to affect voting through the buying of influence or votes.
I SHALL NOT COERCE election help or campaign contributions for myself or my committee or for any other candidate or any ballot issue from my employees or from any person under my authority, influence or control.
I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support on behalf of or in opposition to any candidacy deriving from any individual or group which resorts to the methods and tactics which I condemn. I shall accept responsibility to take firm action against any subordinate or associate who violates any provisions of this code or the laws governing elections.
I PERSONALLY SUPPORT a limit on campaign expenditures that when reasonable, sufficient and fairly applied, does not limit or restrict the expression of ideas of the candidate or others on behalf of the candidate, but instead challenges individuals to engage in open dialogue on the issues rather than merely to purchase the excessive repetition of images and slogans.
ACCORDINGLY, IF I AM A CANDIDATE for one of the offices listed below, I will, in conjunction with the committee or committees organized on my behalf, adhere to the following limit on campaign spending specified for the office I seek:
PRIMARYGENERAL
Governor $1,000,000 $1,000,000
Constitutional Officers $ 100,000 $ 100,000
Supreme Court of Appeals $ 125,000 $ 125,000
State Senate $ 25,000 $ 25,000
House of Delegates $ 12,500 $ 12,500
Circuit Judge $ 40,000 $ 40,000
Expenditures which do not exceed the limits designated for the primary election may not be added to the limits for the general election.
I SHALL DEFEND AND UPHOLD the right of every qualified voter to full and equal participation in the electoral process.
AS A PUBLIC OFFICIAL, I PLEDGE to conduct my official duties in the public interest of all people without discrimination against any person, faction or group. Furthermore, as a public official I pledge not to utilize my office personnel or equipment on behalf on any ballot issue or candidate.
I, the undersigned, a candidate for election to public office in the State of West Virginia, or the chairperson of a political committee supporting one or more candidates for election, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct this campaign in accordance with the above principles and practices.
_______________________________ ______________________________
DateSignature
_______________________________ ______________________________
Candidate for/Committee Name Address and City
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3-8A-4. Forms.
The secretary of state shall prepare forms containing the code and shall supply the forms to the circuit clerks, county clerks and municipal clerks or recorders in quantities and at times requested by the clerks.
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3-8A-5. Retention of forms; public inspection.
The appropriate officer shall accept, at all times prior to the election, all completed forms. The appropriate officer means the secretary of state for candidates or political committees supporting candidates for office within the state or a district larger than a county, the circuit clerk or county clerk for candidates or political committees supporting candidates for office within a single county, and the municipal recorder or clerk for offices in a municipality.
Forms filed with the circuit clerk shall be immediately forwarded to the county clerk. The county clerk, secretary of state, and municipal recorder or clerk shall retain such forms filed with them for public inspection until one hundred eighty days after the general election.
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3-8A-6. Voluntary subscription to the code.
The subscription to the code provided for in this article is voluntary and in no event shall any person be required to subscribe to or endorse the code.
NOTE: the purpose of this bill is to provide a reduced filing fee for candidates for certain state offices who choose to sign the code of fair campaign practices, and defines a code of fair campaign practices.
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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