§3-12-12. Restrictions on contributions and expenditures


Published: 2015

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WVC 3 - 12 - 12

§3-12-12. Restrictions on contributions and expenditures.

     (a) A certified candidate or his or her committee may not

accept loans or contributions from any private source, including

the personal funds of the candidate and the candidate's immediate

family, during the nonpartisan judicial election campaign period

except as permitted by this article.

     (b) After filing the declaration of intent and during the

qualifying period, a participating candidate may not spend or

obligate more than he or she has collected in exploratory and

qualifying contributions. After the qualifying period and through

the nonpartisan judicial election campaign period, a certified

candidate may spend or obligate any unspent exploratory or

qualifying contributions and the moneys he or she receives from the

fund under the provisions of section eleven of this article.

     (c) A participating or certified candidate may expend

exploratory and qualifying contributions and funds received from

the fund only for lawful election expenses as provided in section

nine, article eight of this chapter. Moneys distributed to a

certified candidate from the fund may be expended only during the

nonpartisan judicial election campaign period for which funds were

dispersed. Money from the fund may not be used:

     (1) In violation of the law;

     (2) To repay any personal, family or business loans,

expenditures or debts; or

     (3) To help any other candidate.

     (d) A certified candidate or his or her committee shall return

to the fund any unspent and unobligated exploratory contributions,

qualifying contributions or moneys received from the fund within

forty-eight hours after the date on which the candidate ceases to

be certified.

     (e) A certified candidate or his or her committee shall return

to the fund any unspent or unobligated public campaign financing

funds no later than five business days after the nonpartisan

judicial election.

     (f) A contribution from one person may not be made in the name

of another person.

     (g) A participating or certified candidate or his or her

committee receiving qualifying contributions or exploratory

contributions from a person not listed on the receipt required by

sections eight and nine of this article is liable to the State

Election Commission for the entire amount of that contribution and

any applicable penalties.

     (h) A certified candidate accepting any benefits under the

provisions of this article shall continue to comply with all of its

provisions throughout the nonpartisan judicial election campaign

period.

     (i) A participating or certified candidate or his or her

financial agent shall provide the Secretary of State with all

requested campaign records, including all records of exploratory

and qualifying contributions received and campaign expenditures and obligations, and shall fully cooperate with any audit of campaign

finances requested or authorized by the State Election Commission.





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

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.