§3-8-2c. Party headquarters committee; detailed accounts and verified financial statements; funding for headquarters; limitations; reporting requirements


Published: 2015

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WVC 3 - 8 - 2 C

§3-8-2c. Party headquarters committee; detailed accounts and

verified financial statements; funding for

headquarters; limitations; reporting requirements.

     (a) Notwithstanding the definitions contained in section one-a

of this article, for purposes of this section:

     (1) "Contribution" means a gift, subscription, loan,

assessment, payment for services, dues, advance, donation, pledge,

contract, agreement, forbearance or promise of money or other

tangible thing of value, whether conditional or legally

enforceable, or a transfer of money or other tangible thing of

value to a person, made for the purpose of funding the rental,

purchase, construction or financing of the lease, purchase or

construction of a party headquarters, and for the utilities,

maintenance, furniture, fixtures and equipment for the party

headquarters. An offer or tender of a contribution is not a

contribution if expressly and unconditionally rejected or returned.

A contribution does not include volunteer personal services

provided without compensation: Provided, That a nonmonetary

contribution is to be considered at fair market value for reporting

requirements and contribution limitations.

     (2) "Party headquarters" means a physical structure or

structures that is the physical location of the office of a state

executive committee of a political party.

     (3) "Party headquarters committee" includes any person,

organization or group of persons soliciting or receiving

contributions for the purpose of funding the lease, purchase, construction or financing of the lease, purchase or construction of

a party headquarters, including utilities, maintenance, furniture,

fixtures and equipment for the party headquarters.

     (b) A political party may establish a party headquarters

committee to solicit and receive contributions for the exclusive

purpose of the purchase, construction or lease of an office

building or financing of the lease, purchase or construction of a

party headquarters, including utilities, maintenance, furniture,

fixtures and equipment, to be used as a state political party's

headquarters.

     (c) Contributions received pursuant to this section may not be

expended for:

     (1) The purchase, construction or lease of satellite offices

or other facilities;

     (2) Utilities, maintenance, furniture, fixtures, equipment or

signage for satellite offices or other facilities; or

     (3) Political purposes.

     (d) A party headquarters committee may not accept

contributions in excess $10,000, in the aggregate, from any person

for the purposes of this section.

     (e) A party headquarters committee may not receive

contributions or make expenditures for the purpose of funding the

rental, purchase, construction or financing of a state executive

committee headquarters in excess of $1 million.

     (f) (1) A party headquarters committee, financial agent or any

person or officer acting on behalf of the committee that 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

secretary, within ninety days of any contribution or expenditure in

excess of $250.

     (2) Each financial statement shall contain, but is not limited

to, the following information:

     (A) The name, residence and mailing address and telephone

number of the party headquarters committee, financial agent or any

person or officer acting on behalf of the committee, filing the

financial statement.

     (B) 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.

     (C) The name of any person making a contribution, the amount

of the contribution, and the residence and mailing address of the

contributor.

     (D) The total amount of contributions received during the

period covered by the financial statement.

     (E) The name, residence and mailing address of any individual

or the name and mailing address of each lending institution making

a loan, the amount of any loan received, the date and terms of the

loan, including the interest and repayment schedule, and a copy of

the loan agreement.

     (F) The name, residence and mailing address of any individual

or the name and mailing address of each partnership, firm,

association, committee, organization or group 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.

     (G) The total outstanding balance of all loans at the end of

the period.

     (H) The name, residence and mailing address of any person 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.

     (I) The total amount of expenditures made during the period

covered by the financial statement.

     (3) The Secretary of State shall file and retain the

statements as public records for not less than six years.

     (g) Contributions received by a party headquarters committee

may be contributed to any educational, cultural or charitable

organization.

     (h) The Secretary of State shall propose rules for legislative

approval in accordance with the provisions of article three,

chapter twenty-nine-a of this code to effectuate the provisions of

this section.





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

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