ENROLLED
Senate Bill No. 573
(By Senators Dittmar, Wooton, White, Grubb,
Oliverio, Wagner, Bowman and Anderson)
__________
[Passed March 10, 1995; in effect ninety days from passage.]
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AN ACT 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 and ten, article two of said
chapter; to amend and reenact section eleven-a, article four-a
of said chapter; to amend and reenact sections five, five-a,
five-b, five-d, six, seven, nine, 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 regulation and control of
elections; redefining the authority of the secretary of state
to promulgate legislative rules for the administration of
elections; requiring the submission and resubmission of rules
to the legislative rule-making review committee; providing for
the expiration of the force and effect of rules not submitted; codifying the code of fair campaign practices; legislative
findings; defining certain terms; state election commission to
issue advisory opinions, distribute information and
investigate noncompliance with the code; hearings before the
commission; prescribing the contents of the code; filing
officers to retain signed forms; when candidate may be
released from spending limitations; authority of commission to
increase spending limitations by legislative rule; information
required on voter registration form; the payment of postage
when mailing voter registration form; the color of election
ballots; 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; submission of information to
commission to determine when reporting required; expanding the
methods by which payment for campaign contributions of more
than fifty dollars may be made; the filing of financial
statements of candidates for legislative offices with the
secretary of state; permitting the filing of financial
statements by facsimile or other means of electronic
transmission; establishing filing date for financial
statements based upon postmark or the date of hand delivery or
delivery by electronic transmission; prescription and
promulgation of form for financial statements by commission;
duty to furnish form on computer disc or other magnetic media;
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; clarifying purposes for which election
expenditures may be made; permitting certain expenditures of
excess contributions and requiring the state election
commission to promulgate legislative rules with respect
thereto; removing the prohibition against solicitation of
candidates; authorizing contributions of up to one thousand
dollars per calendar year to state executive committees of
political parties; adopting technical revisions; and providing
criminal penalties.
Be it 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 and ten, article two of said chapter be amended
and reenacted; that section eleven-a, article four-a of said
chapter be amended and reenacted; that sections five, five-a, five-
b, five-d, six, seven, nine, 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) The commission shall promulgate such 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 article eight of this chapter,
and may promulgate such other rules, in accordance with the
provisions of chapter twenty-nine-a of this code, relating to the
conduct and administration of elections as the commission may
determine to be advisable. All rules required or permitted to be
promulgated by the commission by the provisions of this section
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. Except for those rules required by the provisions of
section five of this article to be promulgated by the commission,
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 and to promulgate such
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 provisions of this chapter. Any rule proposed
for promulgation by the secretary of state pursuant to the
provisions of this section, and all rules heretofore adopted or in
any way represented to govern the administration or enforcement of
the provisions of this chapter by the secretary of state, 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. All rules which have not been submitted and approved
as aforesaid shall be of no further force and effect as of the
first day of April, one thousand nine hundred ninety-six. 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 and such legislative rules as may be
promulgated by the secretary of state and the 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 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 of 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, then the commission shall inform the
candidate in writing and notify the candidate in writing that the
candidate has ten days from receipt of the notice to request a
hearing. If the candidate requests a hearing, then one shall be
scheduled within ten days after such request. Said hearing may be
continued only for good cause shown. If a majority of the
commission determines, based upon clear and convincing 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. If the commission does not find
by clear and convincing evidence that a subscribing candidate has
violated a provision of the code, then the commission shall issue
a public statement that the candidate has not violated the code.
Said statement shall be issued on the same day of the hearing.
§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, religion, national origin, physical disability
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.
§3-1B-10. Adjustment of spending limitations.
The commission may from time to time increase the voluntary
campaign spending limitations established in this article pursuant
to legislative rule promulgated pursuant to the provisions of
chapter twenty-nine-a of this code.
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-5. Forms for application for registration; information
required and requested; types of application forms; notices.
(a) (1) All state forms for application for voter registration
shall be prescribed by the secretary of state and shall conform
with the requirements of the "National Voter Registration Act of
1993" (42 U.S.C. 1973gg) and the requirements of the provisions of
this article. Separate application forms may be prescribed for
voter registration conducted by the clerk of the county commission,
registration by mail, registration in conjunction with an
application for motor vehicle driver's license and registration at
designated agencies. These forms may consist of one or more parts,
may be combined with other forms for use in registration by
designated agencies or in conjunction with driver licensing, and
may be revised and reissued as required by the secretary of state
to provide for the efficient administration of voter registration.
After the first day of January, one thousand nine hundred
ninety-five, all state forms issued for the purpose of voter
registration shall be those prescribed pursuant to the provisions of this article, and no form used or issued for voter registration
pursuant to laws in effect before that date shall be provided to
any person for the purpose of registration.
(2) Notwithstanding any provisions of subdivision (1) of this
subsection to the contrary, the federal postcard application for
voter registration issued pursuant to the "Uniformed and Overseas
Citizens Absentee Voting Act of 1986" (42 U.S.C. 1973 et seq.), and
the mail voter registration application form prescribed by the
Federal Election Commission pursuant to the "National Voter
Registration Act of 1993" (42 U.S.C. 1973gg) shall be accepted as
a valid form of application for registration pursuant to the
provisions of this article.
(b) Each application form for registration shall include:
(1) A statement specifying the eligibility requirements for
registration and an attestation that the applicant meets each
eligibility requirement;
(2) Any specific notice or notices required for a specific
type or use of application by the "National Voter Registration Act
of 1993" (42 U.S.C. 1973gg);
(3) A notice that a voter may be permitted to vote the
partisan primary election ballot of a political party only if the
voter has designated that political party on the application for
registration, unless the political party has determined otherwise;
and
(4) Any other instructions or information essential to
complete the application process.
(c) Each application form shall require that the following be provided by the applicant, under oath, and any application which
does not contain each of the following shall be considered
incomplete:
(1) The applicant's legal name, including the first name,
middle or maiden name, if any, and last name;
(2) The month, day and year of the applicant's birth;
(3) The applicant's residence address, including the number
and street or route and city and county of residence except:
(A) In the case of a person eligible to register under the
provisions of the "Uniformed and Overseas Citizens Absentee Voting
Act", (42 U.S.C. 1973ff), the address at which he or she last
resided before leaving the United States or entering the uniformed
services, or if a dependent child of such a person, the address at
which his or her parent last resided; and
(B) In the case of a homeless person having no fixed residence
address who nevertheless resides and remains regularly within the
county, the address of a shelter, assistance center or family
member with whom he or she has regular contact, or other specific
location approved by the clerk of the county commission for the
purposes of establishing a voting residence; and
(4) The applicant's signature, under penalty of perjury, as
provided in section thirty-six of this article, to the attestation
of eligibility to register to vote and to the truth of the
information given.
(d) The applicant shall be requested to provide the following
information, but no application shall be rejected for lack of this
information:
(1) An indication whether the application is for a new
registration, change of address, change of name or change of party
affiliation;
(2) The applicant's choice of political party affiliation, if
any, or an indication of no affiliation:
Provided, That any
applicant who does not enter any choice of political party
affiliation shall be listed as having no party affiliation on the
voting record;
(3) The applicant's home mailing address, if different than
the residence address;
(4) The last four digits of the applicant's social security
number;
(5) The applicant's telephone number;
(6) The address at which the applicant was last registered to
vote, if any, for the purpose of canceling or transferring the
previous registration;
(7) The applicant's gender; and
(8) The date the application is signed.
(e) The secretary of state shall prescribe the printing
specifications of each type of voter registration application and
the voter registration application portion of any form which is
part of a combined agency form.
(f) Application forms prescribed in this section may refer to
various public officials by title or official position, but in no
case may the actual name of any officeholder be printed on the
voter registration application or on any portion of a combined
application form.
(g) No later than the first day of July of each odd-numbered
year, the secretary of state shall submit the specifications of the
voter registration application by mail for statewide bidding for a
contract period beginning the first day of September of each
odd-numbered year and continuing for two calendar years. The
successful bidder shall produce and supply the required mail voter
registration forms at the contract price to all purchasers of the
form for the period of the contract.
§3-2-10. Application for registration by mail.
(a) Any qualified person may apply to register, change,
transfer or correct his or her voter registration by mail.
Application shall be made on a prescribed form as provided by
section five of this article.
(b) To the extent possible with funds allocated annually for
such purpose, the secretary of state shall make state mail
registration forms available for distribution through governmental
and private entities and organized voter registration programs.
The secretary of state shall make a record of all requests by
entities or organizations for ten or more forms with a description
of the dates and locations in which the proposed registration drive
is to be conducted. The secretary of state may limit the
distribution to a reasonable amount per group.
(c) The clerk of the county commission shall provide up to
four mail registration forms to any resident of the county upon
request. To the extent possible with funds allocated annually for
the purpose, the clerk of the county commission shall make state
mail registration forms available for distribution through organized voter registration programs within the county. The clerk
of the county commission shall make a record of all requests by
entities or organizations for ten or more forms with a description
of the dates and locations in which the proposed registration drive
is to be conducted. The clerk may limit the distribution to a
reasonable amount per group.
(d) The applicant shall provide all required information and
only after completing the information, sign the prescribed
applicant's oath under penalty of perjury, as provided in section
thirty-six of this article. No person may alter or add any entry
or make any mark which would alter any material information on the
voter registration application after the applicant has signed the
oath:
Provided, That the clerk of the county commission may
correct any entry upon the request of the applicant provided the
request is properly documented and the correction is dated and
initialed by the clerk.
(e) Completed applications shall be mailed or delivered to the
clerk of the county commission of the county in which the voter
resides. If a clerk receives a completed mail application form
from a voter whose residence address is located in another county,
the clerk shall forward that application within three days to the
clerk of the county commission of the county of the applicant's
residence.
(f) Upon receipt of the application for registration by the
appropriate clerk of the county commission, the clerk shall:
(1) Attempt to establish whether the residence address given
is within the boundaries of an incorporated municipality and, if so, make the proper entry required for municipal residents to be
properly identified for municipal voter registration purposes; and
(2) Immediately begin the verification process required by the
provisions of section sixteen of this article.
(g) Any person who registers by mail pursuant to this section
shall be required to make his or her first vote in person at the
polls or in person at the office of the clerk of the circuit court
to vote an absentee ballot in order to make the registration valid:
Provided, That any person who has applied for an absentee ballot
pursuant to the provisions of subdivision (1), subsection (d),
section one, article three of this chapter or paragraph (B),
subdivision (2) of said subsection or subdivision (3) of said
subsection or of subsection (e) of said section shall not have his
or her ballot in that election challenged for failure to appear in
person or for failure to present identification.
(h) Any person required by this section to make his or her
first vote in person shall present valid identification and proof
of age to the clerks at the poll or at the office of the clerk of
the circuit court or the clerk of the county commission of the
county in which he or she is registered before casting the first
ballot.
(i) Any person who submits a state mail voter registration
application to the clerk of the county commission in the county in
which he or she is currently registered for the purpose of entering
a change of address within the county, making a change of party
affiliation or recording a change of legal name shall not be
required to make his or her first vote in person or to present identification or proof of age.
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-11a. Ballots tabulated electronically; arrangement, quantity
to be printed, ballot stub numbers.
(a) The board of ballot commissioners in counties using
ballots upon which votes may be recorded by means of marking with
electronically sensible ink or pencil and which marks are tabulated
electronically shall cause the ballots to be printed for use in
elections.
(b) (1) The heading of the ballot, the arrangement of offices
in columns, the spaces for marking votes, the printing of offices,
instructions and candidates names shall conform as nearly as
possible to that prescribed in this chapter for paper ballots,
except that the secretary of state may prescribe necessary
modifications to accommodate the tabulating system. Nonpartisan
elections for board of education and any question to be voted upon
shall be separated from the partisan ballot and separately headed
in display type with a title clearly identifying the purpose of the
election, and such separate section shall constitute a separate
ballot wherever a separate ballot is required under the provisions
of this chapter.
(2) Both the face and the reverse side of the ballot may
contain the names of candidates, only if means to ensure the
secrecy of the ballot are provided and lines for the signatures of
the poll clerks on the ballot are printed on a portion of the
ballot which is deposited in the ballot box and upon which marks do
not interfere with the proper tabulation of the votes.
(3) The arrangement of candidates within each office shall be
determined in the same manner as for other electronic voting
systems, as prescribed in this chapter. On the general election
ballot for all offices, and on the primary election ballot only for
those offices to be filled by election, except delegate to national
convention, lines for entering write-in votes shall be provided
below the names of candidates for each office, and the number of
lines provided for any office shall equal the number of persons to
be elected, or three, whichever is fewer. The words "WRITE-IN, IF
ANY" shall be printed directly under each line for write-ins. Such
lines shall be opposite a position to mark the vote.
(c) The primary election ballots shall be printed in the color
of ink specified by the secretary of state for the various
political parties, and the general election ballot shall be printed
in black ink. All ballots shall be printed on white paper
suitable for automatic tabulation and shall contain a perforated
stub at the top or bottom of the ballot which shall be numbered
sequentially in the same manner as provided in this article for
ballots upon which votes are recorded by means of perforating. The
number of ballots printed and the packaging of ballots for the
precincts shall conform to the requirements for paper ballots as
provided in this chapter.
(d) In addition to the official ballots, the ballot
commissioners shall provide all other materials and equipment
necessary to the proper conduct of the election.
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 two hundred fifty
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 ninety 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 a form prescribed by the
state election commission within forty-five days following the
event. The financial statement shall contain information as may be
required by the provisions of subsection (a) of this section relating to any contribution in excess of two hundred fifty
dollars. 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, 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.
(e)(1) Except as provided in subdivision (2) of this
subsection, any person, association, organization, corporation or
other legal entity who publishes, distributes or disseminates any
scorecard, voter guide or other written analysis of a candidate's
position or votes on specific issues within sixty days of an
election is presumed to be engaging in such activity for the
purpose of advocating or opposing the nomination, election or
defeat of any candidate.
(2) The provisions of subdivision (1) of this subsection shall
not apply to:
(A) The publication, distribution or dissemination of such
materials in the form of a news release to broadcast or print
media;
(B) Persons who engage in news or feature reporting activities
and editorial comment as working members of the press, radio, or
television, and persons who publish, distribute or disseminate such
news, features or editorial comment through a newspaper, book,
regularly published periodical, radio station, or television
station;
(C) 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
who publish, distribute or disseminate materials described in subdivision (1) of this subsection to other such members; or
(D) The employees of a church or synagogue which currently
holds or is eligible to hold an exemption as a church issued by the
internal revenue service under the provisions of §26 U.S.C.
501(c)(3) who publish, distribute or disseminate materials
described in subdivision (1) of this subsection within the
membership of the church or synagogue or upon the premises of any
facility owned or controlled by the church or synagogue:
Provided,
That the exemption from the presumption provided by this
subparagraph shall not apply to such employees of a church when the
church or synagogue otherwise advocates or opposes the nomination,
election or defeat of any candidate, or the passage of any issue,
thing or item to be voted upon.
(f) No scorecard, voter guide or other written analysis of a
candidate's position or votes on specific issues shall be
published, distributed or disseminated within sixty days of an
election unless it shall state thereon the name of the person,
association, organization, corporation or other legal entity
authorizing its publication, distribution or dissemination.
§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 totaling more
than fifty dollars of currency of the United States or currency of
any foreign country 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) The statements may be filed by mail, in person, or by
facsimile or other electronic means of transmission.
(c) 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 or delivery by facsimile or other electronic means
of transmission, 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.
(a) Any person who makes or receives a contribution of
currency of the United States or currency of any foreign country of
more than fifty dollars in value is guilty of a misdemeanor, and,
upon conviction, shall be fined a sum equal to three times the
amount of the contribution.
(b) Notwithstanding any provision of section twenty-four,
article nine of this chapter to the contrary, a criminal
prosecution or civil action for a violation of this article may be
commenced within five years after the violation occurred.
(c) 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 is guilty of a misdemeanor and subject to
the penalties provided in section twenty-three, article nine of
this chapter.
§3-8-6. Financial statement forms; filing; disposition.
Blank forms for all financial statements required under this
article shall be provided by the state election commission. The
content of the forms shall be as prescribed by legislative rule
promulgated in accordance with the provisions of chapter twenty-
nine-a of this code. Pending legislative approval of such
legislative rule, the state election commission may by emergency
rule prescribe the contents of the forms. Copies thereof, together
with a copy of this article, shall be furnished through the county
clerk or otherwise, as the secretary of state may deem expedient,
to all treasurers of political committees, to all political
financial agents, and to all candidates for nomination or election
to any office, upon the filing of a petition or announcement for
nomination, and to all other persons required by law to file such
statements who shall apply therefor. The form shall also be
furnished, at a nominal cost, on computer disc or magnetic media.
All statements filed in accordance with the provisions of this
article shall be received, endorsed and filed by the secretary of
state and county clerks, and shall be preserved for five years,
after which time they may be destroyed, if not required to be
further preserved by the order of any court.
§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 a 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.
§3-8-9. Lawful and unlawful election expenses; public opinion
polls and limiting their purposes; limitation upon expenses; use of advertising agencies and reporting requirements;
delegation of expenditures.
(a) No candidate, financial agent or treasurer of a political
party committee shall pay, give or lend, either directly or
indirectly, any money or other thing of value for any election
expenses, except for the following purposes:
(1) For rent, maintenance and furnishing of offices to be used
as political headquarters and for the payment of necessary clerks,
stenographers, typists, janitors and messengers actually employed
therein;
(2) In the case of a candidate who does not maintain a
headquarters, for reasonable office expenses, including, but not
limited to, filing cabinets and other office equipment and
furnishings, computers, computer hardware and software, scanners,
typewriters, calculators, audio visual equipment, or the rental of
the use of the same, and for the payment of necessary clerks,
stenographers and typists, actually employed;
(3) For printing and distributing books, pamphlets, circulars
and other printed matter and radio and television broadcasting and
painting, printing and posting signs, banners and other
advertisements, all relating to political issues and candidates;
(4) For renting and decorating halls for public meetings and
political conventions, for advertising public meetings, and for the
payment of traveling expenses of speakers and musicians at such
meetings;
(5) For the necessary traveling and hotel expenses of
candidates, political agents and committees, and for stationery, postage, telegrams, telephone, express, freight and public
messenger service;
(6) For preparing, circulating and filing petitions for
nomination of candidates;
(7) For examining the lists of registered voters, securing
copies thereof, investigating the right to vote of the persons
listed therein and conducting proceedings to prevent unlawful
registration or voting;
(8) For conveying voters to and from the polls;
(9) For securing publication in newspapers and by radio and
television broadcasting of documents, articles, speeches, arguments
and any information relating to any political issue, candidate or
question or proposition submitted to a vote;
(10) For conducting public opinion poll or polls. For the
purpose of this section, the phrase "conducting of public opinion
poll or polls" shall mean and be limited to the gathering,
collection, collation and evaluation of information reflecting
public opinion, needs and preferences as to any candidate, group of
candidates, party, issue or issues. No such poll shall be
deceptively designed or intentionally conducted in a manner
calculated to advocate the election or defeat of any candidate or
group of candidates or calculated to influence any person or
persons so polled to vote for or against any candidate, group of
candidates, proposition or other matter to be voted on by the
public at any election:
Provided, That nothing herein shall
prevent the use of the results of any such poll or polls to
further, promote or enhance the election of any candidate or group of candidates or the approval or defeat of any proposition or other
matter to be voted on by the public at any election;
(11) For legitimate advertising agency services, including
commissions, in connection with any campaign activity for which
payment is authorized by subdivisions (3), (4), (5), (6), (7), (9)
and (10) of this subsection;
(12) For the purchase of memorials, flowers or citations by
political party executive committees or political action committees
representing a political party; and
(13) For the purchase of nominal noncash expressions of
appreciation following the close of the polls of an election or
within thirty days thereafter.
(b) Every liability incurred and payment made shall be at a
rate and for a total amount which is proper and reasonable and
fairly commensurate with the services rendered.
(c) Every advertising agency subject to the provisions of this
article shall file, in the manner and form required by section
five-a of this article, the financial statements required by
section five of this article at the times required therein and
include therein, in itemized detail, all receipts from and
expenditures made on behalf of a candidate, financial agent or
treasurer of a political party committee.
(d) Any candidate may designate a financial agent by a writing
duly subscribed by him which shall be in such form and filed in
accordance with the provisions of section four of this article.
§
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 administration of
this section.
§3-8-11. Specific acts forbidden; penalties.
(a) 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
(b) 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
(c) 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
(d) 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:
Is 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, 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, 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.
(g) (1) Not withstanding the provisions of subsection (f) of
this section to the contrary, the aggregate contributions made to
a state party executive committee shall be permitted only pursuant to the limitations imposed by the provisions of this subsection.
(2) No person shall, directly or indirectly, make
contributions to a state party executive committee which, in the
aggregate, exceed the value of one thousand dollars in any calendar
year.
(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.
(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.
(j) 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 jail for
not more than one year, or, in the discretion of the court, be subject to both such fine and confinement.
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