§3-8-2b. Disclosure of electioneering communication


Published: 2015

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WVC 3 - 8 - 2 B

§3-8-2b. Disclosure of electioneering communication.

(a) Every person who has spent:

(1) A total of five thousand dollars or more for the direct

costs of purchasing, producing or disseminating electioneering

communications during any calendar year; or

(2) A total of one thousand dollars or more on or after the

fifteenth day but more than twelve hours before the day of any

election for the direct costs of purchasing, producing or

disseminating electioneering communications during any calendar

year shall, within twenty-four hours of each disclosure date, file

with the Secretary of State a statement which contains all of the

information listed in subsection (b) of this section.

(b)(1) The name of the person making the expenditure, the name

of any person sharing or exercising direction or control over the

activities of the person making the expenditure and the name of the

custodian of the books and accounts of the person making the

expenditure;

(2) If the person making the expenditure is not an individual,

the principal place of business of the partnership, committee,

association, organization or group which made the expenditure;

(3) The amount of each expenditure of more than one thousand

dollars made for electioneering communications during the period

covered by the statement and the name of the person to whom the

expenditure was made;

(4) The elections to which the electioneering communications pertain, the names, if known, of the candidates referred to or to

be referred to therein, whether the electioneering communication is

intended to support or oppose the identified candidates and the

amount of the total expenditure reported in subdivision (3) of this

subsection spent to support or oppose each of the identified

candidates; and

(5) The names and addresses of any contributors who

contributed a total of more than one thousand dollars between the

first day of the preceding calendar year and the disclosure date

and whose contributions were used to pay for electioneering

communications.

(c) With regard to the contributors required to be listed

pursuant to subdivision (5), subsection (b) of this section, the

statement shall also include:

(1) The month, day and year that the contributions of any

single contributor exceeded two hundred fifty dollars;

(2) If the contributor is a political action committee, the

name and address the political action committee registered with the

State Election Commission;

(3) If the contributor is an individual, the name and address

of the individual, his or her occupation, the name and address of

the individual's current employer, if any, or, if the individual is

self-employed, the name and address of the individual's business,

if any;

(4) A description of the contribution, if other than money;

(5) The value in dollars and cents of the contribution.

(d) (1) Any person who makes a contribution for the purpose of

funding the direct costs of purchasing, producing or disseminating

an electioneering communication under this section shall, at the

time the contribution is made, provide his or her name and address

to the recipient of the contribution;

(2) Any individual who makes contributions totaling two

hundred fifty dollars or more between the first day of the

preceding calendar year and the disclosure date for the purpose of

funding the direct costs of purchasing, producing or disseminating

electioneering communications shall, at the time the contribution

is made, provide the name of his or her occupation and of his or

her current employer, if any, or, if the individual is

self-employed, the name of his or her business, if any, to the

recipient of the contribution.

(e) In each electioneering communication, a statement shall

appear or be presented in a clear and conspicuous manner that:

(1) Clearly indicates that the electioneering communication is

not authorized by the candidate or the candidate's committee; and

(2) Clearly identifies the person making the expenditure for

the electioneering communication: Provided, That if the

electioneering communication appears on or is disseminated by

broadcast, cable or satellite transmission, the statement required

by this subsection must be both spoken clearly and appear in

clearly readable writing at the end of the communication.

(f) Within five business days after receiving a disclosure of

electioneering communications statement pursuant to this section,

the Secretary of State shall make information in the statement

available to the public through the internet.

(g) For the purposes of this section, a person is considered

to have made an expenditure when the person has entered into a

contract to make the expenditure at a future time.

(h) The Secretary of State is hereby directed to propose

legislative rules and emergency rules implementing this section for

legislative approval in accordance with the provisions of article

three, chapter twenty-nine-a of this code.

(i) If any person, including, but not limited to, a political

organization (as defined in Section 527(e)(1) of the Internal

Revenue Code of 1986) makes, or contracts to make, any expenditure

for electioneering communications which is coordinated with and

made with the cooperation, consent or prior knowledge of a

candidate, candidate's committee or agent of a candidate, the

expenditure shall be treated as a contribution and expenditure by

the candidate. If the expenditure is coordinated with and made

with the cooperation or consent of a state or local political party

or committee, agent or official of that party, the expenditure

shall be treated as a contribution to and expenditure by the

candidate's party.

(j) This section does not apply to candidates for federal

office. This section is not intended to restrict or to expand any limitations on, obligations of or prohibitions against any

candidate, committee, agent, contributor or contribution contained

in any other provision of this chapter.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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