Senate Bill No. 591
(By Senators Hunter, Wooton, Ball, Dittmar,
Kessler, McCabe, Minard, Mitchell, Oliverio,
Redd, Schoonover, Snyder and McKenzie)
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[Originating in the Committee on the Judiciary;
reported February 19, 1999.]
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A BILL to amend and reenact sections thirty-seven and forty-four,
article one, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and
reenact section two-a, article three of said chapter; to amend
and reenact sections ten and twenty-three, article five of
said chapter; to amend and reenact section three, article six
of said chapter; and to amend and reenact sections two, two-a,
five and five-f, article eight of said chapter, all relating
to election law reform generally; authorizing children
fourteen years of age or younger to accompany a parent,
grandparent or legal guardian to the polls; changing mileage
reimbursement limitations for election supply clerks;
modifying prohibition on electioneering within certain
distances of circuit clerk's office during absentee voting
period; authorizing ballot commissioners to publish facsimile ballot or list of candidates for second publication before any
election; eliminating criminal penalty for persons who sign
nomination certificate and vote in primary election; imposing
reporting requirements on certain independent expenditures;
defining term "independent expenditure"; setting forth
requirements of communication; establishing limitations on
contributions to inaugural events; establishing additional
reporting requirements; limiting the expenditure of excess
inaugural funds; providing for the filing of an additional
financial statement during general elections; and establishing
restrictions and limitations on loans.
Be it enacted by the Legislature of West Virginia:
That sections thirty-seven and forty-four, article one,
chapter three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; that
section two-a, article three of said chapter be amended and
reenacted; that sections ten and twenty-three, article five of said
chapter be amended and reenacted; that section three, article six
of said chapter be amended and reenacted; and that sections two,
two-a, five and five-f, article eight of said chapter be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-37. Restrictions on presence and conduct at polls.
(a)No person,
except other than the election officers and
voters while going to the election room to vote and returning
therefrom, may be or remain within three hundred feet of the
outside entrance to the building housing the polling place while
the polls are open
; but this section . This subsection does not
apply to persons
living or carrying on who reside or conduct
business within
that such distance of the
election room entrance to
the building housing the polling place, while in the discharge of
their legitimate business, or to persons whose business requires
them to pass and repass within three hundred feet of such entrance.
(b) A person who is delivering a voter to a polling place by
motor vehicle may drive such vehicle to a convenient and accessible
location to discharge the voter, notwithstanding that the location
is within three hundred feet of the outside entrance to the
building housing the polling place. Upon discharging such voter
from the vehicle, the person shall remove the vehicle from within
three hundred feet of the entrance until such time as the voter is
to be transported from the polling place or another voter
delivered:
Provided, That vehicles delivering voters who require assistance by reason of blindness, disability or advanced age may
remain within three hundred feet of the entrance until such time as
the voter is to be transported from the polling place.
(c) The election commissions shall limit the number of voters
in the election room so as to preserve order. No person may
approach nearer than five feet to any booth or compartment while
the election is being held, except the voters to prepare their
ballots, or the poll clerks when called on by a voter to assist in
the preparation of his ballot, and no person, other than election
officers and voters engaged in receiving, preparing and depositing
their ballots, may be permitted to be within five feet of any
ballot box, except by authority of the board of election
commissioners, and then only for the purpose of keeping order and
enforcing the law.
(d) Not more than one person may be permitted to occupy any
booth or compartment at one time. No person may remain in or
occupy a booth or compartment longer than may be necessary to
prepare his ballot, and in no event longer than five minutes,
except that any person who claims a disability pursuant to section
thirty-four of this article shall have additional time up to ten
additional minutes to prepare his ballot. No voter, or person
offering to vote, may hold any conversation or communication with any person other than the poll clerks or commissioners of election,
while in the election room.
(e) The provisions of this section do not apply to persons
rendering assistance to blind voters as provided in section thirty- four of this article
or to any child fourteen years of age or
younger who accompanies a parent, grandparent or legal guardian who
is voting. Any dispute concerning the age of a child accompanying
a parent, grandparent or legal guardian who is voting shall be
determined by the election commissioners.
§3-1-44. Compensation of election officials; expenses.
Each ballot commissioner shall be allowed and paid a sum, to
be fixed by the county commission, not exceeding fifty dollars for
each day he or she shall serve as such, but, in no case shall a
ballot commissioner receive allowance for more than ten days'
services for any one primary, general or special election. Each
commissioner of election and poll clerk shall be allowed and paid
a sum, to be fixed by the county commission, not exceeding fifty
dollars for one day's services for attending the school of
instruction for election officials if the commissioner or poll
clerk provides at least one day's service during an election and a
sum not exceeding one hundred dollars for his or her services at
any one election:
Provided, That each commissioner of election and poll clerk shall be paid and allowed a sum not exceeding one
hundred dollars for his or her services at any of the three special
elections hereinafter specified and described. The commissioners
of election obtaining and delivering the election supplies, as
provided in section twenty-four of this article, and returning them
as provided in articles five and six of this chapter, shall be
allowed and paid an additional sum, likewise fixed by the county
commission, not exceeding fifty dollars for all such services at
any one election and, in addition, shall be allowed and paid
mileage
at the up to the rate
of reimbursement authorized per mile
by the travel management office of the department of administration
of twenty-five cents per mile necessarily traveled in the
performance of such services. The compensation of election
officers, cost of printing ballots and all other expenses incurred
in holding and making the return of elections, other than the three
special elections hereinafter specified and described, shall be
audited by the county commission and paid out of the county
treasury.
The compensation of election officers, cost of printing
ballots and all other reasonable and necessary expenses in holding
and making the return of a special election for the purpose of
taking the sense of the voters on the question of calling a constitutional convention, of a special election to elect members
of a constitutional convention, and of a special election to ratify
or reject the proposals, acts and ordinances of a constitutional
convention shall be obligations of the state incurred by the ballot
commissioners, clerks of the circuit courts, clerks of the county
commissions and county commissions of the various counties as
agents of the state, and all such expenses shall be audited by the
secretary of state. The secretary of state shall prepare and
transmit to the county commissions forms on which the county
commissions shall certify all such expenses of such special
elections to the secretary of state. If satisfied that such
expenses as certified by the county commissions are reasonable and
were necessarily incurred, the secretary of state shall requisition
the necessary warrants from the auditor of the state to be drawn on
the state treasurer, and shall mail such warrants directly to the
vendors of such special election services, supplies and facilities.
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-2a. Voting booths within public view to be provided by clerk;
prohibition against display of campaign material.
Throughout the period of absentee voting in person in the
clerk's office as provided in this article, the circuit clerk shall
make the following provisions for voting:
(a) The clerk shall provide a sufficient number of voting
booths or devices appropriate to the voting system at which voters
may prepare their ballots. The booths or devices shall be in an
area separate from but within clear view of the public entrance
area of the clerk's office, and shall be arranged to ensure the
voter complete privacy in casting the ballot.
(b) The clerk shall make the voting area secure from
interference with the voter and shall ensure that voted and unvoted
ballots are at all times secure from tampering. No person, other
than a person lawfully assisting the voter according to the
provisions of this chapter, may be permitted to come within five
feet of the voting booth while the voter is voting. No person,
other than the clerk or deputy clerks or members of the board of
ballot commissioners assigned to conduct absentee voting, shall
enter the area or room set aside for voting.
(c) When the voting area of the office of the clerk is not
fully accessible to voters with physical disabilities, the clerk
shall request the county commission to designate an accessible room
within the same building as a portion of the clerk's office for the
purpose of absentee voting only by persons unable to use the
regular area. The area shall be subject to the same requirements
as the regular voting area.
(d) No person may do any electioneering, nor may any person
display or distribute in any manner, or authorize the display or
distribution of, any literature, posters or material of any kind
which tends to influence the voting for or against any candidate or
any public question
within the whole area of the clerk's office or
within three hundred feet on the property of the county courthouse
or judicial annex facilities thereof during the entire period of
regular in person absentee voting. The clerk is hereby authorized
to remove such material and to direct the sheriff of the county to
enforce the prohibition.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-10. Publication of sample ballots and lists of candidates.
(a) The ballot commissioners of each county shall prepare a
sample official primary ballot for each party, and, as the case may
be, for the nonpartisan candidates to be voted for at the primary
election, according to the provisions of articles four, four-a and
five, chapter three, as appropriate to the voting system. If any
ballot issue is to be voted on in the primary election, the ballot
commissioners shall likewise prepare a sample official ballot for
that issue according to the provisions of law authorizing such
election.
(b) The facsimile sample ballot for each political party and for nonpartisan candidates or ballot issues shall be published as
follows:
(1) For counties in which two or more qualified newspapers
publish a daily newspaper, not more than fourteen nor less than
eight days preceding the primary election, the ballot commissioners
shall publish each sample official primary election ballot as a
Class I-0 legal advertisement in the two qualified daily newspapers
of different political parties within the county having the largest
circulation in compliance with the provisions of article three,
chapter fifty-nine of this code;
(2) For counties having no more than one daily newspaper, or
having only one or more qualified newspapers which publish weekly,
not more than fourteen nor less than eight days preceding the
primary election, the ballot commissioners shall publish the sample
official primary election ballot as a Class I legal advertisement
in the qualified newspaper within the county having the largest
circulation in compliance with the provisions of article three,
chapter fifty-nine of this code;
(3) Each facsimile sample ballot shall be a photographic
reproduction of the official sample ballot or ballot pages, and
shall be printed in a size no less than eighty percent of the
actual size of the ballot, at the discretion of the ballot commissioners: Provided, That when the ballots for the precincts
within the county contain different senatorial, delegate,
magisterial or executive committee districts or when the ballots
for precincts within a city contain different municipal wards, the
facsimile shall be altered to include each of the various districts
in the appropriate order. If, in order to accommodate the size of
each ballot, the ballot or ballot pages must be divided onto more
than one page, the arrangement and order shall be made to conform
as nearly as possible to the arrangement of the ballot. The
publisher of the newspaper shall submit a proof of the ballot and
the arrangement to the ballot commissioners for approval prior to
publication.
(c) The ballot commissioners of each county shall prepare, in
the form and manner prescribed by the secretary of state, an
official list of offices and candidates for each office which will
appear on the primary election ballot for each party, and, as the
case may be, for the nonpartisan candidates to be voted for at such
primary election. All information which appears on the ballot,
including instructions as to the number of candidates for whom
votes may be cast for the office, any additional language which
will appear on the ballot below the name of the office, any
identifying information relating to the candidates, such as residence, magisterial district or presidential preference and the
ballot numbers of the candidates for punch card systems, shall be
included in the list, in the same order in which it appears on the
ballot. Following the names of all candidates, the list shall
include the full title, text and voting positions of any issue to
appear on the ballot.
(d) The official list of candidates and issues as provided in
subsection (c) of this section shall be published as follows:
(1) For counties in which two or more qualified newspapers
publish a daily newspaper, on the last day on which a newspaper is
published immediately preceding the primary election, the ballot
commissioners shall publish the official list of candidates and
issues as a Class I-0 legal advertisement in the two qualified
daily newspapers of different political parties within the county
having the largest circulation in compliance with the provisions of
article three, chapter fifty-nine of this code;
(2) For counties having no more than one daily newspaper, or
having only one or more qualified newspapers which publish weekly,
on the last day on which a newspaper is published immediately
preceding the primary election, the ballot commissioners shall
publish the sample official list of nominees and issues as a Class
I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of
article three, chapter fifty-nine of this code;
(3) The publication of the official list of candidates for
each party and for nonpartisan candidates shall be in single or
double columns, as required to accommodate the type size
requirements as follows: (A) The words "Official List of
Candidates", the name of the county, the words "Primary Election",
the date of the election, the name of the political party or the
designation of nonpartisan candidates shall be printed in all
capital letters and in bold type no smaller than fourteen point.
The designation of the national, state, district or other tickets
shall be printed in all capital letters in type no smaller than
fourteen point; (B) the title of the office shall be printed in
bold type no smaller than twelve point and any voting instructions
or other language printed below the title shall be printed in bold
type no smaller than ten point; and (C) the names of the candidates
shall be printed in all capital letters in bold type no smaller
than ten point, and the residence information shall be printed in
type no smaller than ten point; and
(4) When any ballot issue is to appear on the ballot, the
title of that ballot shall be printed in all capital letters in
bold type no smaller than fourteen point. The text of the ballot issue shall appear in no smaller than ten point type. The ballot
commissioners may require the publication of the ballot issue under
this subsection in the facsimile sample ballot format in lieu of
the alternate format.
(e) Notwithstanding the provisions of subsections (c) and (d)
of this section, beginning with the primary election to be held in
the year two thousand, the ballot commissioners of any county may
choose to publish a facsimile sample ballot for each political
party and for nonpartisan candidates or ballot issues instead of
the official list of offices and candidates for each office for
purposes of the last publication required before any primary
election.
§3-5-23. Certificate nominations; requirements and control;
penalties.
(a) Groups of citizens having no party organization may
nominate candidates for public office otherwise than by conventions
or primary elections. In such case, the candidate or candidates,
jointly or severally, shall file a declaration with the secretary
of state if the office is to be filled by the voters of more than
one county, or with the clerk of the circuit court of the county if
the office is to be filled by the voters of one county or political
subdivision thereof; such declaration to be filed at least thirty days prior to the time of filing the certificate provided by
section twenty-four of this article: Provided, That the deadline
for filing the certificate for persons seeking ballot access as a
candidate for the office of president or vice president shall be
filed not later than the first day of August preceding the general
election. At the time of filing of such declaration each candidate
shall pay the filing fee required by law, and if such declaration
is not so filed or the filing fee so paid, the certificate shall
not be received by the secretary of state, or clerk of the circuit
court, as the case may be.
(b) The person or persons soliciting or canvassing signatures
of duly qualified voters on such certificate or certificates, may
solicit or canvass duly registered voters residing within the
county, district or other political division represented by the
office sought, but must first obtain from the clerk of the county
commission credentials which must be exhibited to each voter
canvassed or solicited, which credentials may be in the following
form or effect:
State of West Virginia, County of ................., ss:
This certifies that ............................, a duly
registered voter of this State; whose post-office address is
........................., is hereby authorized to solicit and canvass duly registered voters residing in
........................... (here place the county, district or
other political division represented by the office sought) to sign
a certificate purporting to nominate ..............................
(here place name of candidate heading list on certificate) for the
office of ................................. and others, at the
general election to be held on ...........................,
19......
Given under my hand and the seal of my office this
................. day of ........................., 19......
...............................................
Clerk, County Commission of ........... County.
The clerk of each county commission, upon proper application
made as herein provided, shall issue such credentials and shall
keep a record thereof.
(c) The certificate shall be personally signed by duly
registered voters, in their own proper handwriting or by their
marks duly witnessed, who must be residents within the county,
district or other political division represented by the office
sought wherein such canvass or solicitation is made by the person
or persons duly authorized. Such signatures need not all be on one
certificate. The number of such signatures shall be equal to not less than one percent of the entire vote cast at the last preceding
general election for the office in the state, district, county or
other political division for which the nomination is to be made,
but in no event shall the number be less than twenty-five. Where
two or more nominations may be made for the same office, the total
of the votes cast at the last preceding general election for the
candidates receiving the highest number of votes on each ticket for
such office shall constitute the entire vote. No signature on such
certificate shall be counted unless it be that of a duly registered
voter of the county, district or other political division
represented by the office sought wherein such certificate was
presented. It shall be the duty of those soliciting signatures to
read to each voter whose signature is solicited the statement
written on the certificate which gives notice that no person
signing such certificate shall vote at any primary election to be
held to nominate candidates for office to be voted for at the
election to be held next after the date of signing such
certificate.
(d) Such certificates shall state the name and residence of
each of such candidates; that he is legally qualified to hold such
office; that the subscribers are legally qualified and duly
registered as voters and desire to vote for such candidates; and may designate, by not more than five words, a brief name of the
party which such candidates represent and may adopt a device or
emblem to be printed on the official ballot. All candidates
nominated by the signing of such certificates shall have their
names placed on the official ballot as candidates, as if otherwise
nominated under the provisions of this chapter.
The secretary of state shall prescribe the form and content of
the nomination certificates to be used for soliciting signatures.
The content shall include the language to be used in giving written
and oral notice to each voter that signing of the nominating
certificate forfeits that voter's right to vote in the
corresponding primary election.
Offices to be filled by the voters of more than one county
shall use separate petition forms for the signatures of qualified
voters for each county.
(e) The secretary of state, or the clerk of the circuit court,
as the case may be, may investigate the validity of such
certificates and the signatures thereon, and if upon such
investigation there may be doubt as to the legitimacy and the
validity of such certificate, he may request the attorney general
of the state, or the prosecuting attorney of the county, to
institute a quo warranto proceeding against the nominee or nominees by certificate to determine his or their right to such nomination
to public office, and upon request being made, the attorney general
or prosecuting attorney shall institute such quo warranto
proceeding.
(f) Any person violating the provisions hereof of this
section, in addition to penalties prescribed elsewhere for
violation of this chapter, shall be is guilty of a misdemeanor, and
upon conviction, shall be fined not more than one thousand dollars,
or confined in the county or regional jail for not more than one
year, or both, in the discretion of the court: Provided, That no
criminal penalty may be imposed upon anyone who signs a nomination
certificate and votes in the primary election held after the date
the certificate was signed.
ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-3. Publication of sample ballots and lists of candidates.
(a) The ballot commissioners of each county shall prepare a
sample official general election ballot for all political party or
independent nominees, nonpartisan candidates for election, if any,
and all ballot issues to be voted for at the general election,
according to the provisions of articles four, four-a and six of
this chapter, as appropriate to the voting system, and for any
ballot issue, according to the provisions of law authorizing such election.
(b) The facsimile sample general election ballot shall be
published as follows:
(1) For counties in which two or more qualified newspapers
publish a daily newspaper, not more than fourteen nor less than
eight days preceding the general election, the ballot commissioners
shall publish the sample official general election ballot as a
Class I-0 legal advertisement in the two qualified daily newspapers
of different political parties within the county having the largest
circulation in compliance with the provisions of article three,
chapter fifty-nine of this code;
(2) For counties having no more than one daily newspaper, or
having only one or more qualified newspapers which publish weekly,
not more than fourteen nor less than eight days preceding the
primary election, the ballot commissioners shall publish the sample
official general election ballot as a Class I legal advertisement
in the qualified newspaper within the county having the largest
circulation in compliance with the provisions of article three,
chapter fifty-nine of this code; and
(3) Each facsimile sample ballot shall be a photographic
reproduction of the official sample ballot or ballot pages, and
shall be printed in a size no less than eighty percent of the actual size of the ballot, at the discretion of the ballot
commissioners: Provided, That when the ballots for the precincts
within the county contain different senatorial, delegate,
magisterial or executive committee districts or when the ballots
for precincts within a city contain different municipal wards, the
facsimile shall be altered to include each of the various districts
in the appropriate order. If, in order to accommodate the size of
each ballot, the ballot or ballot pages must be divided onto more
than one page, the arrangement and order shall be made to conform
as nearly as possible to the arrangement of the ballot. The
publisher of the newspaper shall submit a proof of the ballot and
the arrangement to the ballot commissioners for approval prior to
publication.
(c) The ballot commissioners of each county shall prepare, in
the form and manner prescribed by the secretary of state, an
official list of offices and nominees for each office which will
appear on the general election ballot for each political party, or
as independent nominees, and, as the case may be, for the
nonpartisan candidates to be voted for at the general election.
(1) All information which appears on the ballot, including the
names of parties for which a straight ticket may be cast,
instructions relating to straight ticket voting, instructions as to the number of candidates for whom votes may be cast for the office,
any additional language which will appear on the ballot below the
name of the office, any identifying information relating to the
candidates, such as residence, magisterial district, or
presidential preference, and the ballot numbers of the candidates
for punch card systems, shall be included in the list, in the order
specified in subdivision (2) of this subsection. Following the
names of all candidates, the list shall include the full title,
text and voting positions of any issue to appear on the ballot.
(2) The order of the straight ticket positions, offices and
candidates for each office, and the manner of designating the
parties, shall be as follows: (A) The straight ticket positions
shall be designated "Straight (Party Name) Ticket", with the
parties listed in the order in which they appear on the ballot,
from left to right or from top to bottom, as the case may be; (B)
the offices shall be listed in the same order in which they appear
on the ballot; (C) the candidates within each office for which one
is to be elected shall be listed in the order they appear on the
ballot, from left to right or from top to bottom, as the case may
be, and the candidate's political party affiliation or independent
status shall be indicated by the one or two letter initial
specifying the affiliation, placed in parenthesis to the right of the candidate's name; and (D) the candidates within each office for
which more than one is to be elected shall be arranged by political
party groups in the order they appear on the ballot and the
candidate's affiliation shall be indicated as provided in part (C)
of this subdivision.
(d) The official list of candidates and issues as provided in
subsection (c) of this section shall be published as follows:
(1) For counties in which two or more qualified newspapers
publish a daily newspaper, on the last day on which a newspaper is
published immediately preceding the general election, the ballot
commissioners shall publish the official list of nominees and
issues as a Class I-0 legal advertisement in the two qualified
daily newspapers of different political parties within the county
having the largest circulation in compliance with the provisions of
article three, chapter fifty-nine of this code;
(2) For counties having no more than one daily paper, or
having only one or more qualified newspapers which publish weekly,
on the last day on which a newspaper is published immediately
preceding the general election, the ballot commissioners shall
publish the sample official list of nominees and issues as a Class
I legal advertisement in the qualified newspaper within the county
having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;
(3) The publication of the official list of nominees for each
party and for nonpartisan candidates shall be in single or double
columns, as required to accommodate the type size requirements as
follows: (A) The words "Official List of Nominees and Issues", the
name of the county, the words "General Election" and the date of
the election shall be printed in all capital letters and in bold
type no smaller than fourteen point; (B) the designation of the
straight ticket party positions shall be printed in all capital
letters in bold type no smaller than twelve point, and the title of
the office shall be printed in bold type no smaller than twelve
point, and any voting instructions or other language printed below
the title shall be printed in bold type no smaller than ten point;
and (C) the names of the candidates and the initial within
parenthesis designating the candidate's affiliation shall be
printed in all capital letters in bold type no smaller than ten
point, and the residence information shall be printed in type no
smaller than ten point; and
(4) When any ballot issue is to appear on the ballot, the
title of that ballot shall be printed in all capital letters in
bold type no smaller than twelve point. The text of the ballot
issue shall appear in no smaller than ten point type. The ballot commissioners may require the publication of the ballot issue under
this subsection in the facsimile sample ballot format in lieu of
the alternate format.
(e) Notwithstanding the provisions of subsections (c) and (d)
of this section, beginning with the general election to be held in
the year two thousand, the ballot commissioners of any county may
choose to publish a facsimile sample ballot for all political party
or independent nominees, nonpartisan candidates for election, if
any, and all ballot issues to be voted for at the general election
for purposes of the last publication required before any primary
election.
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-2. Accounts for receipts and expenditures in elections;
requirements for reporting independent expenditures.
(a) Except candidates for party committeemen and
committeewomen, in primary and other elections, all candidates for
nomination or election and all persons or organizations of any kind
advocating or opposing a nomination, election or defeat of any
candidate, or the passage or defeat of any issue, thing or item to
be voted upon, shall keep records of receipts and expenditures
which are made for political purposes. All such receipts and
expenditures shall be subject to regulation by the provisions of this article. Verified financial statements of such records and
expenditures shall be made and filed as public records by all
candidates and by their financial agents, representatives, or any
person acting for and on behalf of any candidate, or the passage or
defeat of any issue, thing or item to be voted upon, and by the
treasurers of all political party committees.
(b) In addition to any other reporting required by the
provisions of this chapter, any independent expenditure in the
amount of one thousand dollars or more for any statewide,
legislative or multi-county judicial candidate or in the amount of
five hundred dollars or more for any county office, single-county
judicial candidate, committee supporting or opposing an issue or
candidate on the ballot in more than one county, any municipal
candidate or issue on a municipal election ballot, which is made
after the eleventh day but more than twelve hours before the day of
any election shall be reported, on a form prescribed by the
secretary of state, within twenty-four hours after the expenditure
is made or debt is incurred for a communication, to the secretary
of state by hand-delivery, facsimile or other means to assure
receipt by the secretary of state within such twenty-four hour
period.
(c) For purposes of this section, "independent expenditure" means an expenditure made by a person other than a candidate or
committee for a communication which expressly advocates the
election or defeat of a clearly identified candidate but which is
made independently of a candidate's campaign and which has not been
made with the cooperation or consent of, or in consultation with,
or at the request or suggestion of, any candidate or any of his or
her agents or authorized committees. An expenditure which does not
meet the criteria for independence established in this subsection
is considered a contribution.
(d) Any independent expenditure must include a clear and
conspicuous public notice which identifies the name of the person
who paid for the expenditure and states that the communication is
not authorized by the candidate or his or her committee.
§3-8-2a. Detailed accounts and verified financial statements for
certain inaugural events; limitations; reporting requirements.
(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) (a) 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
a person elected to a statewide public office; and
(2) "Inaugural event" means any event or events held between
the date of the general election for a state of a person elected to
a statewide 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 person elected official and for which
the person elected official is a prominent participant or for which
solicitations of contributions include the name of the person
elected official in prominent display.
(b) Any inaugural committee soliciting or receiving
contributions for the funding of all or any part of an inaugural
event for any person elected to a statewide 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.
(c) No person may contribute more than five thousand dollars
for any inaugural event. For purposes of this section,
"contribution" does not include volunteer personal services but does include in-kind contributions of materials or supplies.
(c)(d) 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 ninety days following
of the event. The financial statement shall contain information as
may be required by the provisions 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
for a period of not less than six years.
(e) In addition to any other information required by the state
election commission, the report of contributions required by the
provisions of this section shall include the methodology of the
fund raising, the nature of the expenditures made and the names,
addresses and amounts paid to any person.
(f) Amounts received by an inaugural committee in excess of
the amount expended for an inaugural event may be contributed to
any educational, cultural or charitable organization. The
inaugural committee shall, within sixty days after filing the
report required by subsection (d) of this section, expend any
excess moneys and report, on a form prescribed by the secretary of state, the names of the organizations to which such excess moneys
were donated. The secretary of state shall file and retain such
records as public records for a period of not less than six years.
§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; and
(5) On the last Saturday in September or within fifteen days
thereafter next preceding the general election day whenever the
total of all financial transactions relating to an election exceed
five hundred dollars or whenever any loans are outstanding, a
statement which shall include all financial transaction which have
taken place by the date of such statement, subsequent to the
previous statement.
(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.
§3-8-5f. Loans to candidates, organizations or persons for
election purposes.
(a) Every No candidate, financial agent, person or association
of persons or organization advocating or opposing the nomination or
election of any candidate or the passage or defeat of any issue or
item to be voted upon who receives may receive any money or any
other thing of value as a loan toward election expenses shall
execute, in writing, an agreement with the individual, the lending
institution or organization making the loan. except from the
candidate, his or her spouse or a lending institution. All loans
shall be evidenced by a written agreement executed by the lender,
whether the candidate, his or her spouse, or the lending
institution. Such agreement shall state the date and amount of the
loan, the terms, including interest and repayment schedule, and a
description of the collateral, if any, and the full names and
addresses of all parties to the agreement. A copy of the agreement shall be filed with the financial statement next required after the
loan is executed.
(b) Loans may only be made in the regular course of business
by a lending institution which is a state bank, a federally
chartered depository institution (including a national bank) or a
depository institution whose deposits are insured by the federal
deposit insurance corporation or the national credit union
administration. Such loans shall be subject to the following
requirements:
(1) Endorsements or guarantees of such loans may be made by
the candidate or his or her spouse;
(2) Endorsements or guarantees of such loans by parties other
than the candidate or his or her spouse may be made only to the
extent of the contribution limits established in this article; and
(3) No other form of security shall be furnished in connection
with such loans by any party other than the candidate or his or her
spouse.
(c) The provisions of this section shall not be construed to
prohibit a candidate or his or her spouse from lending money to the
candidate or to the candidate's political committee: Provided,
That the spouse of a candidate may not borrow money from a third
party other than a lending institution authorized to make loans under this section for the purposes of lending money to the
candidate or the candidate's political committee.
__________
(NOTE: The purpose of this bill is to adopt election law
reform. The bill would authorize children 14 and under to
accompany a parent, grandparent or legal guardian to the polls;
change mileage reimbursement limitations for election-supply
clerks; modify prohibition on electioneering around circuit clerk's
office during absentee voting period; give ballot commissioners
option to publish facsimile ballot (instead of list) for second
publication before elections; eliminate criminal penalty for
signing 3rd party petition and voting in primary; impose reporting
requirements on certain independent expenditures; establish
limitations on contributions to inaugural events; require
additional financial statement for general elections; and establish
loan limitations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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