§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...


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 8 - 12

§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) A person may not publish, issue or circulate, or cause to

be published, issued or circulated, any anonymous letter, circular,

placard, radio or television advertisement or other publication

supporting or aiding the election or defeat of a clearly identified

candidate.

(b) An owner, publisher, editor or employee of a newspaper or

other periodical may not 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) A person may not, in any room or building occupied for the

discharge of official duties by any officer or employee of the

state or a political subdivision of the state, solicit orally or by

written communication delivered within the room or building, 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 of the State. An officer, agent, clerk or employee of the federal government, or of

this state, or any political subdivision of the state, who may have

charge or control of any building, office or room, occupied for any

official purpose, may not knowingly permit any person to enter any

building, office or room, occupied for any official purpose for the

purpose of 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 of the state.

(d) Except as provided in section eight of this article, a

person entering into any contract with the state or its

subdivisions, or any department or agency of the state, 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 of the state, if payment

for the performance of the contract or payment for the material,

supplies, equipment, land or building is to be made, in whole or in

part, from public funds may not, during the period of negotiation

for or performance under the 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 may any person or firm solicit any contributions for

any purpose during any period.

(e) A person may not, 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) Except as provided in section eight of this article, a

person may not, directly or indirectly, make any contribution in

excess of the value of $1,000 in connection with any campaign for

nomination or election to or on behalf of any statewide office, 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 person

engaged in furthering, advancing, supporting or aiding the

nomination or election of any candidate for any of the offices.

(g) A political organization (as defined in Section 527(e)(1)

of the Internal Revenue Code of 1986) may not solicit or accept

contributions until it has notified the Secretary of State of its

existence and of the purposes for which it was formed. During the

two-year election cycle, a political organization (as defined in

Section 527 (e) (1) of the Internal Revenue Code of 1986) may not

accept contributions totaling more than $1,000 from any one person

prior to the primary election and contributions totaling more than

$1,000 from any one person after the primary and before the general

election.

(h) It is unlawful for any person to create, establish or organize more than one political organization (as defined in

Section 527(e)(1) of the Internal Revenue Code of 1986) with the

intent to avoid or evade the contribution limitations contained in

subsection (g) of this section.

(i) Notwithstanding the provisions of subsection (f) of this

section to the contrary, a person may not, directly or indirectly,

make contributions to a state party executive committee or state

party legislative caucus committee which, in the aggregate, exceed

the value of $1,000 in any calendar year.

(j) The limitations on contributions contained in this section

do not apply to transfers between and among a state party executive

committee or a state party's legislative caucus political committee

from national committees of the same political party: Provided,

That transfers permitted by this subsection may not exceed $50,000

in the aggregate in any calendar year to any state party executive

committee or state party legislative caucus political committee:

Provided, however, That the moneys transferred may only be used for

voter registration and get-out-the-vote activities of the state

committees.

(k) A person may not solicit any contribution, other than

contributions to a campaign for or against a county or local

government ballot issue, from any nonelective salaried employee of

the state government or of any of its subdivisions: Provided, That

in no event may any person acting in a supervisory role solicit a

person who is a subordinate employee for any contribution. A person may not coerce or intimidate any nonelective salaried

employee into making a contribution. A person may not 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 of this subsection may not be construed

to prevent any employee from making a contribution or from engaging

in political activity voluntarily without coercion, intimidation or

solicitation.

(l) A person may not solicit a contribution from any other

person without informing the other person at the time of the

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 the contribution being

successfully collected. Nothing in this subsection may be

construed to apply to solicitations of contributions made by any

person serving as an unpaid volunteer.

(m) A person may not place any letter, circular, flyer,

advertisement, election paraphernalia, solicitation material or

other printed or published item tending to influence voting at any

election in a roadside receptacle unless it is: (1) Approved for

placement into a roadside receptacle by the business or entity

owning the receptacle; and (2) contains a written acknowledgment of

the approval. This subdivision does not apply to any printed

material contained in a newspaper or periodical published or

distributed by the owner of the receptacle. The term "roadside receptacle" means any container placed by a newspaper or periodical

business or entity to facilitate home or personal delivery of a

designated newspaper or periodical to its customers.

(n) Any person violating any provision of this section is

guilty of a misdemeanor and, upon conviction thereof, shall be

fined not more than $1,000, or confined in jail for not more than

one year, or, both fined and confined.

(o) The provisions of subsection (k) of this section,

permitting contributions to a campaign for or against a county or

local government ballot issue shall become operable on and after

January 1, 2005.

(p) The limitations on contributions established by subsection

(g) of this section do not apply to contributions made for the

purpose of supporting or opposing a ballot issue, including a

constitutional amendment.


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.