ENGROSSED
Senate Bill No. 573
(By Senators Dittmar, Wooton, White, Grubb, Oliverio,
Wagner, Bowman and Anderson)
____________
[Originating in the Committee on Judiciary;
reported February 28, 1995.]
_____________
A BILL to amend and reenact sections five and six, article one-a,
chapter three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to further amend said chapter
by adding thereto a new article, designated article one-b; to
amend and reenact sections five, five-a, five-b, five-d,
seven, eleven and twelve, article eight of said chapter; and
to further amend said article by adding thereto three new
sections, designated sections two-a, four-a and ten, all
relating to elections and campaign practices; authorizing the
state election commission to promulgate legislative rules for
the administration of elections; exceptions; requiring the
resubmission of rules to the legislative rule-making review
committee; redefining the authority of the secretary of state;
codifying the code of fair campaign practices; legislative
findings; defining certain terms; state election commission to issue advisory opinions; hearings before the commission;
prescribing the contents of the code; filing officers to
retain signed forms; when candidate may be released from
spending limitations; reporting requirements for inaugural
committees; providing for the termination of political
committees; when reporting requirements applicable to
organizations which publish, distribute or disseminate certain
information within sixty days of an election; expanding the
methods by which payment for campaign contributions of fifty
dollars or more may be made; authorizing contributions of up
to one thousand dollars per calendar year to state executive
committees of political parties; financial statements of
candidates for legislative offices to be filed with the
secretary of state; establishing filing date for financial
statements based upon postmark or hand delivery; providing
criminal penalties; providing for the assessment of civil
penalties for the late filing or the filing of a grossly
incomplete or grossly inaccurate financial statement; duties
of secretary of state and county clerks; permitting certain
expenditures of excess contributions and requiring the
election commission to promulgate legislative rules with
respect thereto; removing the prohibition against solicitation
by newspapers; and adopting technical revisions.
Be i
t enacted by the Legislature of West Virginia:
That sections five and six, article one-a, chapter three of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that said chapter be further
amended by adding thereto a new article, designated article one-b;
that sections five, five-a, five-b, five-d, seven, eleven and
twelve, article eight of said chapter be amended and reenacted; and
that said article be further amended by adding thereto three new
sections, designated sections two-a, four-a and ten, all to read as
follows:
ARTICLE 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.
§3-1A-5. Powers and duties of commission; legislative rules.
(a) The commission shall have the power and duty to approve
or disapprove applications for approval of any voting machine as
provided in section seven, article four of this chapter.
(b) The commission also shall serve as a body advisory to
the secretary of state, and, as such, shall have the following
powers and duties:
(1) To recommend policies and practices pertaining to the
registration of voters and the conduct of elections generally;
(2) To review the work of the office of secretary of state
pertaining to the duties of that office with respect to
elections, and for this purpose to have access at reasonable
times to pertinent records, books, papers and documents;
(3) To consider and study the election practices of other
jurisdictions, with a view to determining the techniques used in
eliminating fraud in elections and in simplifying election
procedures;
(4) To advise or make recommendations to the governor
relative to election practices and policy in the state; and
(5) To keep minutes of the transactions of each meeting of
the commission, which shall be public records and filed with the
secretary of state.
(c) It shall be the commission's further duty to prepare
and distribute in its name, within available appropriations and
upon the recommendation of the secretary of state, nonpartisan
educational material to inform voters of the importance of
voting, to encourage voters to vote, to inform voters of election
laws and procedures, and to inform voters of the effect of any
public question, constitutional amendment or bond issue that is
to be voted upon by all the voters of the state and that has been
authorized to be placed upon the ballot by the Legislature, and
manuals to assist county commissions, ballot commissioners,
circuit and county clerks and other election officials in the
proper performance of their duties in the conduct of elections.
(d) Except as authorized pursuant to the provisions of
section three, article two of this chapter, the commission shall also promulgate such other legislative rules, in accordance with
the provisions of chapter twenty-nine-a of this code, as may be
necessary to standardize and make effective the administration of
the provisions of this chapter. All rules adopted prior to the
effective date of this section, except as authorized in section
three, article two of this chapter, shall be submitted on or
before the first day of August, one thousand nine hundred ninety-
five, to the Legislature for review by the legislative rule-
making review committee and approval by the Legislature.
§3-1A-6. Powers and duties of secretary of state; exercise of
powers by appointees.
The secretary of state shall be the chief election official of
the state. The secretary of state shall have the authority, after
consultation with the state election commission, of which he is a
member, to make, amend and rescind such orders as may be necessary
to carry out the policy of the Legislature, as contained in this
chapter and as established in the legislative rules promulgated by
the commission. It shall be the duty of all election officials,
county commissions, clerks of county commissions, clerks of circuit
courts, boards of ballot commissioners, election commissioners and
poll clerks to abide by such orders as may be issued by the
secretary of state and the legislative rules promulgated by the
state election commission.
The secretary of state also shall have authority to require collection and report of statistical information and to require
other reports by county commissions, clerks of county commissions
and clerks of circuit courts.
It shall be his further duty to advise with election
officials; to furnish to the election officials a sufficient number
of indexed copies of the current election laws of West Virginia and
the administrative orders and rules issued or promulgated
thereunder; to investigate the administration of election laws,
frauds and irregularities in any registration or election; to
report violations of election laws to the appropriate prosecuting
officials; and to prepare an annual report.
The secretary of state shall also have the power to administer
oaths and affirmations, issue subpoenas for the attendance of
witnesses, issue subpoena duces tecum to compel the production of
books, papers, records, registration records and other evidence,
and fix the time and place for hearing any matters relating to the
administration and enforcement of this chapter, or the rules
promulgated by the state election commission or any orders issued
hereunder by the secretary of state as the chief election official
of the state. In case of disobedience to a subpoena or subpoena
duces tecum, he may invoke the aid of any circuit court in
requiring the attendance, evidence and testimony of witnesses and
the production of papers, books, records, registration records and other evidence.
All powers and duties vested in the secretary of state
pursuant to the provisions this article may be exercised by
appointees of the secretary of state at his discretion, but the
secretary of state shall be responsible for their acts.
ARTICLE 1B. FAIR CAMPAIGN PRACTICES.
§3-1B-1. Legislative findings, purpose, declaration and intent.
The Legislature hereby finds and declares that every candidate
for public office in this state should follow the basic principles
of decency, honesty and fairness in the course of their campaign
practices.
The Legislature hereby further declares that the code of fair
campaign practices, as contained in this article, is a standard to
which all candidates for public office should aspire and is a
guideline for voters to determine fair play in the conduct of
campaigns for public office.
It is the further goal of the Legislature that every candidate
for public office in this state will voluntarily subscribe and
adhere to the code of campaign practices.
0
§3-1B-2. Definitions.
For purposes of this article:
(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 pre-candidacy statement pursuant 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) "Code" means the code of fair campaign practices as set
forth in this article;
(d) "Commission" means the state election commission created
pursuant to the provisions of article one-a of this chapter; and
(e) "Political committee" means all of those persons and
entities required to keep accounts and file financial statements
pursuant to the provisions of section five, article eight of this
chapter.
§3-1B-3. Powers and duties of the commission.
In addition to the powers and duties of the commission as
prescribed in section five, article one-a of this chapter, the
commission has:
(a) The power to issue advisory opinions on whether an action
or proposed action of a subscribing candidate violates the code of
fair campaign practices;
(b) The duty to prepare and distribute copies of the code of
fair campaign practices to voters, circuit clerks, county clerks
and other election officials;
(c) The duty to receive, investigate and act on complaints or
other information concerning noncompliance with the code by
candidates for public office who subscribe to the code; and
(d) The duty to make public the name and identity of
candidates subscribing to the code and the findings of compliance
or noncompliance with the code upon the conclusion of a hearing
conducted pursuant to section four of this article.
§3-1B-4. Hearing; disposition; sanctions.
If a majority of the commission determines that there is a
reasonable likelihood that a candidate for public office who
subscribes to the code of fair campaign practices has violated a
provision of the code, the commission shall inform such candidate
that he or she has a right to appear at a hearing before the
commission within five days after the receipt of the notice to
contest the allegations. If a majority of the commission
determines, based upon a preponderance of evidence, after a hearing
or after a candidate has declined to request a hearing, that such
candidate has violated a provision of the code, the commission may
issue a public opinion stating the candidate has committed a
violation of the code.
§3-1B-5. Code of fair campaign practices.
At the time an individual files his or her pre-candidacy
statement, certificate of announcement, 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 furnish the
individual with a form containing the text of the code of fair
campaign practices which 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, sexual orientation, religion, national origin,
physical disability, physical health status or age.
I SHALL NOT USE OR PERMIT any dishonest or unethical practice
which tends to corrupt or undermine our 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, prevent, or
discourage 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 limitations on
campaign spending specified for the office I seek:
PRIMARY GENERAL
Governor1,000,0001,000,000
Constitutional Officers150,000150,000
Supreme Court of Appeals150,000150,000
State Senate50,00050,000
House of Delegates25,00025,000
Circuit Judge50,00050,000
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.
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. I understand that subscription and
adherence to the code is voluntary.
_______________________________ ______________________________
DateSignature
_______________________________ ______________________________
Candidate for/Committee Name Address and City
§3-1B-6. Forms.
The secretary of state in consultation with the election
commission, shall prescribe the forms containing the text of the
code and shall furnish the forms to the circuit clerks, county
clerks and municipal clerks or recorders in quantities and at times
requested by the clerks.
§3-1B-7. Retention of forms; public inspection.
The officer receiving the filing shall accept, at all times
prior to the election, all completed forms evidencing subscription
to the code.
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.
§3-1B-8. Voluntary subscription to the code.
Subscription to and adherence to the provisions of the code
set forth in this article is voluntary and in no event may any person be required to subscribe to, adhere to or endorse the code.
§3-1B-9. Release from subscription to the code.
In the event that an opponent to a subscribing candidate
exceeds the voluntary campaign spending limitations set forth in
section five of this article, the subscribing candidate who has not
exceeded the spending limitations shall be automatically released
from that portion of the code establishing the campaign spending
limitations, and the commission shall make public the fact of such
release.
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-2a. Detailed accounts and verified financial statements
for certain inaugural events.
(a) Any inaugural committee soliciting or receiving
contributions for the funding of all or any part of an inaugural
event for any person elected to any state public office that
receives an individual contribution in excess of one thousand
dollars for any such event shall file and retain detailed records
of any such contribution.
(b) For purposes of this section:
(1) "Inaugural committee" includes any person, organization or
group of persons soliciting or receiving contributions for the
purpose of funding an inaugural event for an elected state
official; and
(2)"Inaugural event" means any event or events held between the date of the general election for a state public office and a
date sixty days after the date of the general election, whether the
event is sponsored by the inaugural committee or the state
political party committee representing the party of the elected
official and for which the elected official is a prominent
participant or for which solicitations of contributions include the
name of the elected official in prominent display.
(c) Any inaugural committee, financial agent or any person or
officer acting on behalf of such committee which is subject to the
provisions of this section, shall file a verified financial
statement with the secretary of state on forms as prescribed by the
secretary of state within forty-five days following the event. The
financial statement shall contain information relating to any
contribution in excess of one thousand dollars, as described in
subsection (a) of this section, on a form that conforms as nearly
as practicable to the requirements of section five-a of this
article. The secretary of state shall file and retain such
statements as public records.
§3-8-4a. Termination of political committees.
(a) A political committee may terminate by filing a written
request, in accordance with the provisions of section four of this
article, and by stating in the request that it will no longer
receive any contributions or make any disbursements and that it has
no outstanding debts or obligations. At such time, any excess funds of the committee may be transferred to a political committee
established by the same candidate pursuant to the provisions of
section four or five-e of this article.
(b) The provisions of this section may not be construed to
eliminate or limit the authority of the secretary of state, in
consultation with the state election commission, to establish
procedures for: (1) The determination of insolvency with respect to
any political committee; (2) the orderly liquidation of an
insolvent political committee and the orderly application of its
assets for the reduction of outstanding debts; and (3) the
termination of an insolvent political committee after such
liquidation and application of assets.
§3-8-5. Detailed accounts and verified financial statements
required.
(a) Every candidate, financial agent, person and association
of persons, organization of any kind, including every
corporation, directly or indirectly, supporting a political
committee established pursuant to paragraph (C), subdivision (1),
subsection (b), section eight of this article or engaging in
other activities permitted by said section and also including the
treasurer or equivalent officer of such association or
organization; advocating or opposing the nomination, election or
defeat of any candidate or the passage or defeat of any issue,
thing or item to be voted upon, and the treasurer of every political party committee shall keep detailed accounts of every
sum of money or other thing of value received by him, including
all loans of money or things of value, and of all expenditures
and disbursements made, liabilities incurred, by such candidate,
financial agent, person, association or organization or
committee, for political purposes, or by any of the officers or
members of such committee, or any person acting under its
authority or on its behalf.
(b) Every person or association of persons required to keep
detailed accounts under this section shall file with the officers
hereinafter prescribed a detailed itemized statement, subscribed
and sworn to before an officer authorized to administer oaths,
according to the following provisions and times:
(1) On the last Saturday in March or within fifteen days
thereafter next preceding the primary election day whenever the
total of all financial transactions relating to an election
exceed five hundred dollars a statement which shall include all
financial transactions which have taken place by the date of that
statement, subsequent to any previous statement filed within the
previous five years under this section, or if no previous
statement was filed, all financial transactions made within the
preceding five years; and
(2) Not less than seven nor more than ten days preceding each primary or other election, a statement which shall include
all financial transactions which have taken place by the date of
such statement, subsequent to the previous statement, if any; and
(3) Not less than twenty-five nor more than thirty days
after each primary or other election, a statement which shall
include all financial transactions which have taken place by the
date of such statement, subsequent to the previous statement; and
(4) On the first day of July, one thousand nine hundred
eighty-five, and thereafter on the last Saturday in March or
within fifteen days thereafter annually, whenever contributions
or expenditures relating to an election exceed five hundred
dollars or whenever any loans are outstanding, a statement which
shall include all financial transactions which have taken place
by the date of such report, subsequent to any previous report.
(c) Every person who shall announce as a write-in candidate
for any elective office and his financial agent or election
organization of any kind shall comply with all of the
requirements of this section after public announcement of such
person's candidacy has been made.
(d) For purposes of this section:
(1) The term "financial transactions" includes all
contributions or loans received and all repayments of loans or
expenditures made to promote the candidacy of any person by any candidate or any organization advocating or opposing the
nomination, election or defeat of any candidate or to promote the
passage or defeat of any issue, thing or item to be voted on; and
(2) The publication, distribution or dissemination of a
scorecard, voters' guide or other analysis of candidates'
positions or votes on specific issues within sixty days of an
election is presumed to be advocating or opposing the nomination,
election or defeat of candidates unless the activity is limited
to the distribution of such information: (A) In the form of a
news release to broadcast or print media; or (B) to the members
of a nonprofit corporation or other organization who have such
membership in accordance with the provisions of the articles of
incorporation, bylaws or other instruments creating its form of
organization and who have bona fide rights and privileges in the
organization such as the right to vote, to elect officers,
directors and issues, to hold office or otherwise as ordinarily
conferred on members of such organizations.
§3-8-5a. Information required in financial statement.
(a) Each financial statement required by the provisions of
this article shall contain the following information:
(1) The first name, middle initial, if any, and last name,
residence and mailing address and telephone number of each
candidate, financial agent, treasurer or person, and the full name,
address and telephone number of each association, organization or committee filing a financial statement.
(2) The balance of cash and any other sum of money on hand at
the beginning and the end of the period covered by the financial
statement.
(3) The first name, middle initial, if any, and the last name
in the case of an individual, and the full name of each firm,
association or committee, and the amount of such contribution of
such individual, firm, association or committee, and, if the
aggregate of the sum or sums contributed by any one such
individual, firm, association or committee exceeds two hundred
fifty dollars, there shall also be reported the residence and
mailing address and, in the case of an individual, the major
business affiliation and occupation. A contribution totalling
fifty dollars or more of United States currency by any one
contributor is prohibited, and a violation of this provision is
subject to section five-d of this article.
(4) The total amount of contributions received during the
period covered by the financial statement.
(5) The first name, middle initial, if any, and the last name,
residence and mailing address of any individual or the full name
and mailing address of each firm, association or committee making
or cosigning a loan and the amount of any loan received, the date
and terms of the loan, including interest and repayment schedule, along with a copy of the loan agreement.
(6) The first name, middle initial, if any, and the last name,
residence and mailing address of any individual or the full name
and mailing address of each firm, association or committee having
previously made or cosigned a loan for which payment is made or a
balance is outstanding at the end of the period, together with the
amount of repayment on the loan made during the period and the
balance at the end of the period.
(7) The total outstanding balance of all loans at the end of
the period.
(8) The first name, middle initial, if any, and the last name,
residence and mailing address of any individual, or the full name
and mailing address of each firm, association or committee to whom
each expenditure was made or liability incurred, together with the
amount and purpose of each expenditure or liability incurred and
the date of each transaction.
(9) The total expenditure for the nomination, election or
defeat of a candidate or any person or organization advocating or
opposing the nomination, election or defeat of any candidate, or
the passage or defeat of any issue, thing or item to be voted upon,
in whose behalf an expenditure was made or a contribution was given
for the primary or other election.
(10) The total amount of expenditures made during the period covered by the financial statement.
(b) Any unexpended balance at the time of making the financial
statements herein provided for shall be properly accounted for in
that financial statement and shall appear as a balance in the next
following financial statement.
(c) Each financial statement required by this section shall
contain a separate section setting forth the following information
for each fund-raising event held during the period covered by the
financial statement:
(1) The type of event, date held, and address and name, if
any, of the place where the event was held.
(2) All of the information required by subdivision (3),
subsection (a) of this section.
(3) The total of all moneys received at the fund-raising
event.
(4) The expenditures incident to the fund-raising event.
(5) The net receipts of the fund-raising event.
(d) When any lump sum payment is made to any advertising
agency or other disbursing person who does not file a report of
detailed accounts and verified financial statements as required in
this section, such lump sum expenditures shall be accounted for in
the same manner as provided for herein.
(e) Any contribution or expenditure made by or on behalf of a candidate for public office, to any other candidate, or committee
for a candidate for any public office in the same election shall be
accounted for in accordance with the provisions of this section.
(f) No person, firm, association or committee may make any
contribution except from their own funds, unless such person, firm,
association or committee discloses in writing to the person
required to report under this section the first name, middle
initial, if any, and the last name in the case of an individual, or
the full name in case of a firm, association or committee,
residence and mailing address and the major business affiliation
and occupation of the person, firm, association or committee which
furnished the funds to such contributor. All such disclosures
shall be included in the statement required by this section.
(g) Any firm, association, committee or fund permitted by
section eight of this article to be a political committee shall
disclose on the financial statement its corporate or other
affiliation.
(h) No contribution may be made, directly or indirectly, in a
fictitious name, anonymously or by one person through an agent,
relative or other person so as to conceal the identity of the
source of the contribution or in any other manner so as to effect
concealment of the contributor's identity.
(i) No person, firm, association or committee may accept any contribution for the purpose of influencing the nomination,
election or defeat of a candidate or for the passage or defeat of
any issue or thing to be voted upon unless the identity of the
donor and the amount of the contribution is known and reported.
(j) When any candidate, organization, committee or person
receives any anonymous contribution which cannot be returned
because the donor cannot be identified, that contribution shall be
donated to the general revenue fund of the state. Any anonymous
contribution shall be recorded as such on the candidate's financial
statement, but may not be expended for election expenses. At the
time of filing, the financial statement shall include a statement
of distribution of anonymous contributions, which total amount
shall equal the total of all anonymous contributions received
during the period.
(k) Any membership organization which raises funds for
political purposes by payroll deduction assessing them as part of
its membership dues or as a separate assessment may report the
amount raised as follows:
(1) If the portion of dues or assessments designated for
political purposes equals twenty-five dollars or less per member
over the course of a calendar year, the total amount raised for
political purposes through membership dues or assessments during
the period is reported by showing the amount required to be paid by each member and the number of members.
(2) If the total payroll deduction for political purposes of
each participating member equals twenty-five dollars or less over
the course of a calendar or fiscal year, as specified by the
organization, the organization shall report the total amount
received for political purposes through such payroll deductions
during the reporting period, and to the maximum extent possible,
the amount of each yearly payroll deduction contribution level and
the number of members contributing at each such specified level.
The membership organization shall maintain records of the name and
yearly payroll deduction amounts of each participating member.
(3) If any member contributes to the membership organization
through individual voluntary contributions by means other than
payroll deduction, membership dues, or assessments as provided in
this subsection, the reporting requirements of subdivision (3),
subsection (a) of this section shall apply. Funds raised for
political purposes must be segregated from the funds for other
purposes and listed in its report.
(l) For purposes of this section:
(1) "Political purposes" means advocating or opposing the
nomination, election or defeat of one or more candidates,
supporting the retirement of the debt of a candidate or activities
of an established political party or an organization which has declared itself a political party, supporting the administration or
activities of a political committee or advocating or opposing the
passage of a ballot issue.
(2) "Membership organization" means a group that grants bona
fide rights and privileges, such as the right to vote, to elect
officers or directors, and the ability to hold office, to its
members, and which uses a majority of its membership dues for
purposes other than political purposes. This term shall not
include organizations that grant membership upon receiving a
contribution.
(3) "Fund-raising event" means an event such as a dinner,
reception, testimonial, cocktail party, auction or similar affair
through which contributions are solicited or received by such means
as the purchase of a ticket, payment of an attendance fee or by the
purchase of goods or services.
(m) Notwithstanding the provisions of section five of this
article or of the provisions of this section to the contrary, an
alternative reporting procedure may be followed by a political
party executive committee or a political action committee
representing a political party in filing financial reports for
fund-raising events if the total profit does not exceed five
thousand dollars per year. A political party executive committee
or a political action committee representing a political party may report gross receipts for the sale of food, beverages, services,
novelty items, raffle tickets or memorabilia, except that any
receipt of more than fifty dollars from an individual or
organization shall be reported as a contribution. A political
party executive committee or a political action committee
representing a political party using this alternative method of
reporting shall report: (i) The name of the committee; (ii) the
type of fund-raising activity undertaken; (iii) the location where
the activity occurred; (iv) the date of the fund raiser; (v) the
name of any individual who contributed more than fifty dollars
worth of items to be sold; (vi) the name and amount received from
any person or organization purchasing more than fifty dollars worth
of food, beverages, services, novelty items, raffle tickets or
memorabilia; (vii) the gross receipts of the fund raiser; and
(viii) the date, amount, purpose and name and address of each
person or organization from whom items with a fair market value of
more than fifty dollars were purchased for resale.
§3-8-5b. Where financial statements shall be filed; filing date
prescribed.
(a) The sworn financial statements provided for in this
article shall be filed, by or on behalf of candidates, with the
secretary of state for legislative offices and for state and other
offices to be nominated or elected by the voters of a political
division greater than a county, and with the clerk of the county commission by all other candidates for offices to be nominated or
elected.
(b) For purposes of this article, the filing date of a
financial statement shall, in the case of mailing, be the date of
the postmark of the United States postal service, and in the case
of hand delivery, the date delivered to the office of the secretary
of state or to the office of the clerk of the county commission, in
accordance with the provisions of subsection (a) of this section,
during regular business hours of such office.
§3-8-5d. Offenses and penalties.
Any person who makes or receives a contribution of United
States currency of fifty dollars or more shall be guilty of a
misdemeanor, and, upon conviction, shall be fined a sum equal to
three times the amount of the contribution.
Notwithstanding the provision of section twenty-four, article
nine of this chapter, a criminal prosecution or civil action for
violation of this article shall be commenced within five years
after the violation occurred.
No person required to report under this article shall be found
in violation of this article if any person, firm, association or
committee making a contribution has provided false information to
such person:
Provided, That any person, firm, association or
committee who provides false information to a person required to
report under this article shall be guilty of a misdemeanor, as provided for in section twenty-three, article nine of this chapter.
§3-8-7. Failure to file statement; delinquent or incomplete
filing; criminal and civil penalties.
(a) Any candidate, financial agent or treasurer of a political
party committee, who fails to file a sworn, itemized statement
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, 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 candidate, financial agent or treasurer
of political party committee and forward copies of any grossly
incomplete or grossly inaccurate statement, to the prosecuting
attorney of the county where such candidate, agent or treasurer
resides.
(b) (1) Any candidate, financial agent or treasurer of a
political party committee 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 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.
(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.
§
3-8-10. Use of certain contributions.
Amounts received by a candidate as contributions that are in
excess of any amount necessary to defray his or her expenditures
may be used by the candidate to defray any ordinary and necessary
expenses incurred in connection with his or her duties as a holder
of public office, may be contributed to any charitable
organization, or may be transferred, without limitation, to any
national, state or local committee of any political party.
The state election commission shall promulgate legislative
rules, in accordance with the provisions of chapter twenty-nine-a of this code, to establish guidelines for the interpretation and
administration of this section.
§3-8-11. Specific acts forbidden; penalties.
(a) Any person, other than a financial agent or a member of
a political party committee duly appointed and designated as
provided in this article, who shall solicit from any candidate
for nomination or election to any public office, any money, gift,
contribution, emolument or other valuable thing, for the support,
assistance, benefit or expenses of any person or persons, club,
company, organization, religious body, society, association, or
for any other purposes except as herein provided, or for the
expenses of any primary or other election campaign; or
(b) Any person who shall demand, solicit, ask or invite any
candidate to make any contribution or incur any obligation to any
religious, charitable or fraternal cause, or organization other
than political committees duly designated under the provisions of
this article, or to buy tickets to any entertainment or ball, or
to subscribe or pay for space in any book, program, periodical or
publication, other than a newspaper, as defined in subsection
(b), section one, article three, chapter fifty-nine of this code;
or any candidate who shall make or promise any such payment or
contribution with the apparent hope or intent to influence the
result of any election, but this subsection shall not apply to
the solicitation of any business advertisements in a periodical in which such candidate regularly advertised prior to his
candidacy, nor to ordinary business advertising, nor to the
regular and normal payments to any religious, charitable or other
organization to which he may have been a contributor for more
than six months before his candidacy; or
(c) Any person who shall, directly or indirectly, by
himself, or by any other person on his behalf, make use of, or
threaten to make use of, any force, violence or restraint, or
inflict, or threaten to inflict, any damage, harm or loss, upon
or against any person, or by any other means attempt to
intimidate or exert any undue influence, in order to induce such
person to vote or refrain from voting, or on account of such
person having voted or refrained from voting, at any election, or
who shall, by abduction, duress or any fraudulent device or
contrivance, impede or prevent the free exercise of the suffrage
by any elector, or shall thereby compel, induce or prevail upon
any elector either to vote or refrain from voting for or against
any particular candidate or measure; or
(d) Any person who, being an employer, or acting for or on
behalf of any employer, shall give any notice or information to
his employees, containing any threat, either express or implied,
intended or calculated to influence the political view or actions
of the workmen or employees; or
(e) Any person who shall, knowingly, make or publish, or
cause to be made or published, any false statement in regard to
any candidate, which statement is intended or tends to affect any
voting at any election whatever; or
(f) Any person who shall pay any owner, publisher, editor or
employee or any newspaper or other periodical, to advocate or
oppose editorially, any candidate for nomination or election, or
any political party, or any measure to be submitted to the vote
of the people; or any owner, publisher, editor or employee, who
shall solicit or accept such payment shall be guilty of a
misdemeanor, and, on conviction thereof, shall be fined not more
than ten thousand dollars, or confined in jail for not more than
one year, or, in the discretion of the court, shall be subject to
both such fine and imprisonment.
§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 shall publish, issue or circulate, or cause to
be published, issued or circulated, any anonymous letter,
circular, placard or other publication tending to influence
voting at any election;
(b) No owner, publisher, editor or employee of a newspaper
or other periodical shall 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 whatever, 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 shall, in any room or building occupied for
the discharge of official duties by any officer or employee of
the state or a political subdivision thereof, solicit orally or
by written communication delivered therein, or in any other
manner, any contribution of money or other thing of value for any
party or political purpose whatever, from any postmaster or any
other officer or employee of the federal government, or officer
or employee of the state, or a political subdivision thereof. No
officer, agent, clerk or employee of the federal government, or
of this state, or any political subdivision thereof, who may have
charge or control of any building, office or room, occupied for
any official purpose, shall knowingly permit any person to enter
the same for the purpose of therein 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 thereof;
(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 thereof, 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 thereof,
if payment for the performance of such contract or payment for
such material, supplies, equipment, land or building is to be
made in whole or in part from public funds shall, during the
period of negotiation for or performance under such 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 shall any person or firm
solicit any contributions for any such purpose during any such
period;
(e) No person shall, 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 shall, 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
such office:
Provided, That limitations on contributions to a
state executive committee of a political party shall be governed
by the provisions of subsection (g) of this section;
(g) No person shall, directly or indirectly, make
contributions totalling in excess of the value of one thousand
dollars in any calendar year to a state executive committee of a
political party engaged in furthering, advancing or advocating
the nomination or election of candidates for statewide elective
offices;
(h) No person shall solicit any contribution from any
nonelective salaried employee of the state government or of any
of its subdivisions or coerce or intimidate any such employee
into making such contribution. No person shall 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 hereof shall not be construed to
prevent any such employee from making such a contribution or from
engaging in political activity voluntarily, without coercion,
intimidation or solicitation; and
(i) No person shall solicit a contribution from any other
person without informing such other person at the time of such
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 such
contribution being successfully collected. Nothing in this
subsection shall be construed to apply to solicitations of
contributions made by any person serving as an unpaid volunteer.
Any person violating any provision of this section shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not more than one thousand dollars, or confined in jail for
not more than one year, or, in the discretion of the court, be
subject to both such fine and imprisonment.
Email
Webmaster | © 2024 West Virginia Legislature **
