Chapter 3. Elections


Published: 2015

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WEST VIRGINIA CODE











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WVC 3-

CHAPTER 3. ELECTIONS.

WVC -8-

ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.







WVC 3 - 8 - 1

§3-8-1. Provisions to regulate and control elections.

(a) The Legislature finds that:

(1) West Virginia's population is 1,808,344, ranking 37th

among the fifty states.

(2) State Senate districts have a population of approximately

one hundred six thousand three hundred seventy-three, and the

average Delegate district has a population of approximately

thirty-one thousand, one hundred seventy-eight. The size of these

districts is substantially smaller than the United States

Senatorial and Congressional Districts.

(3) When the relatively small size of the State's legislative

and other voting districts is combined with the economics and

typical uses of various forms of electioneering communication,

history shows that non-broadcast media is and will continue to be

a widely used means of making campaign related communications to

target relevant audiences. Consequently, non-broadcast

communications are prevalent during elections.

(4) Disclosure provisions are appropriate legislative weapons

against the reality or appearance of improper influence stemming

from the dependence of candidates on large campaign contributions,

and the ceilings imposed accordingly serve the basic governmental

interest in safeguarding the integrity of the electoral process

without directly impinging upon the rights of individual citizens

and candidates to engage in political debate and discussion.

(5) Disclosure of expenditures serve a substantial governmental interest in informing the electorate and preventing

the corruption of the political process.

(6) Disclosure by persons and entities that make expenditures

for communications that expressly advocate the election or defeat

of clearly identified candidates, or perform its functional

equivalent, is a reasonable and minimally restrictive method of

furthering First Amendment values by public exposure of the state

election system.

(7) Failing to regulate non-broadcast media messages would

permit those desiring to influence elections to avoid the

principles and policies that are embodied in existing state law.

(8) The regulation of the various types of non-broadcast media

in addition to broadcast media, is tailored to meet the

circumstances found in the State of West Virginia.

(9) Non-broadcast media such as newspapers, magazines or other

periodicals have proven to be effective means of election

communication in West Virginia. Broadcast, satellite and

non-broadcast media have all been used to influence election

outcomes.

(10) Certain non-broadcast communications, such as newspaper

inserts, can be more effective campaign methods than broadcast

media because such communications can be targeted to registered

voters or historical voters in the particular district. In

contrast, broadcasted messages reach all of the general public,

including person ineligible to vote in the district.

(11) Non-broadcast media communications in the final days of

a campaign can be particularly damaging to the public's confidence

in the election process because they reduce or make impossible an

effective response.

(12) Identifying those funding non-broadcast media campaigns

in the final days of a campaign may at least permit voters to

evaluate the credibility of the message.

(13) In West Virginia, contributions up to the amounts

specified in this article allow contributors to express their

opinions, level of support and their affiliations.

(14) In West Virginia, campaign expenditures by entities and

persons who are not candidates have been increasing. Public

confidence is eroded when substantial amounts of such money, the

source of which is hidden or disguised, is expended. This is

particularly true during the final days of a campaign.

(15) In West Virginia, contributions to political

organizations, defined in Section 527(e)(1) of the Internal Revenue

Code of 1986, substantially larger than the amounts permitted to be

received by a candidate's political committee have been recorded

and are considered by the legislature to be large contributions.

(16) Independent expenditures intended to influence

candidates' campaigns in the state are increasingly utilizing

non-broadcast media to support or defeat candidates.

(17) Identification of persons or entities funding political

advertisements assists in enforcement of the contribution and expenditure limitations established by this article and simply

informs voters of the actual identities of persons or entities

advocating the election or defeat of candidates.

(18) Identification of persons or entities funding political

advertisements allows voters to evaluate the credibility of the

message contained in the advertisement.

(19) Disclosure of the identity of persons or entities funding

political communications regarding candidates bolsters the right of

listeners to be fully informed.

(b) Political campaign contributions, receipts and

expenditures of money, advertising, influence and control of

employees, and other economic, political and social control factors

incident to primary, special and general elections shall be

regulated and controlled by the provisions of this article and

other applicable provisions of this chapter.



WVC 3 - 8 - 1 A

§3-8-1a. Definitions.

     As used in this article, the following terms have the

following definitions:

     (1) "Ballot issue" means a constitutional amendment, special

levy, bond issue, local option referendum, municipal charter or

revision, an increase or decrease of corporate limits or any other

question that is placed before the voters for a binding decision.

     (2) "Billboard Advertisement" means a commercially available

outdoor advertisement, sign or similar display regularly available

for lease or rental to advertise a person, place or product.

     (3) "Broadcast, cable or satellite communication" means a

communication that is publicly distributed by a television station,

radio station, cable television system or satellite system.

     (4) "Candidate" means an individual who:

     (A) Has filed a certificate of announcement under section

seven, article five of this chapter or a municipal charter;

     (B) Has filed a declaration of candidacy under section

twenty-three, article five of this chapter;

     (C) Has been named to fill a vacancy on a ballot; or

     (D) Has declared a write-in candidacy or otherwise publicly

declared his or her intention to seek nomination or election for

any state, district, county or municipal office or party office to

be filled at any primary, general or special election.

     (5) "Candidate's committee" means a political committee

established with the approval of or in cooperation with a candidate or a prospective candidate to explore the possibilities of seeking

a particular office or to support or aid his or her nomination or

election to an office in an election cycle. If a candidate directs

or influences the activities of more than one active committee in

a current campaign, those committees shall be considered one

committee for the purpose of contribution limits.

     (6) "Clearly identified" means that the name, nickname,

photograph, drawing or other depiction of the candidate appears or

the identity of the candidate is otherwise apparent through an

unambiguous reference, such as "the Governor", "your Senator" or

"the incumbent" or through an unambiguous reference to his or her

status as a candidate, such as "the Democratic candidate for

Governor" or "the Republican candidate for Supreme Court of

Appeals".

     (7) "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 influencing the

nomination, election or defeat of a candidate. 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.

     (8) "Corporate political action committee" means a political

action committee that is a separate segregated fund of a

corporation that may only accept contributions from its restricted

group as outlined by the rules of the State Election Commission.

     (9) "Direct costs of purchasing, producing or disseminating

electioneering communications" means:

     (A) Costs charged by a vendor, including, but not limited to,

studio rental time, compensation of staff and employees, costs of

video or audio recording media and talent, material and printing

costs and postage; or

     (B) The cost of air time on broadcast, cable or satellite

radio and television stations, the costs of disseminating printed

materials, studio time, use of facilities and the charges for a

broker to purchase air time.

     (10) "Disclosure date" means either of the following:

     (A) The first date during any calendar year on which any

electioneering communication is disseminated after the person

paying for the communication has spent a total of $5,000 or more

for the direct costs of purchasing, producing or disseminating

electioneering communications; or

     (B) Any other date during that calendar year after any

previous disclosure date on which the person has made additional

expenditures totaling $5,000 or more for the direct costs of purchasing, producing or disseminating electioneering

communications.

     (11) "Election" means any primary, general or special election

conducted under the provisions of this code or under the charter of

any municipality at which the voters nominate or elect candidates

for public office. For purposes of this article, each primary,

general, special or local election constitutes a separate election.

This definition is not intended to modify or abrogate the

definition of the term "nomination" as used in this article.

     (12) (A) "Electioneering communication" means any paid

communication made by broadcast, cable or satellite signal, mass

mailing, telephone bank, billboard advertisement or published in

any newspaper, magazine or other periodical that:

     (i) Refers to a clearly identified candidate for Governor,

Secretary of State, Attorney General, Treasurer, Auditor,

Commissioner of Agriculture, Supreme Court of Appeals or the

Legislature;

     (ii) Is publicly disseminated within:

     (I) Thirty days before a primary election at which the

nomination for office sought by the candidate is to be determined;

or

     (II) Sixty days before a general or special election at which

the office sought by the candidate is to be filled; and

     (iii) Is targeted to the relevant electorate: Provided, That

for purposes of the general election of 2008 the amendments to this article are effective October 1, 2008.

     (B) "Electioneering communication" does not include:

     (i) A news story, commentary or editorial disseminated through

the facilities of any broadcast, cable or satellite television or

radio station, newspaper, magazine or other periodical publication

not owned or controlled by a political party, political committee

or candidate: Provided, That a news story disseminated through a

medium owned or controlled by a political party, political

committee or candidate is nevertheless exempt if the news is:

     (I) A bona fide news account communicated in a publication of

general circulation or through a licensed broadcasting facility;

and

     (II) Is part of a general pattern of campaign-related news

that gives reasonably equal coverage to all opposing candidates in

the circulation, viewing or listening area;

     (ii) Activity by a candidate committee, party executive

committee or caucus committee, or a political action committee that

is required to be reported to the State Election Commission or the

Secretary of State as an expenditure pursuant to section five of

this article or the rules of the State Election Commission or the

Secretary of State promulgated pursuant to such provision:

Provided, That independent expenditures by a party executive

committee or caucus committee or a political action committee

required to be reported pursuant to subsection (b), section two of

this article are not exempt from the reporting requirements of this section;

     (iii) A candidate debate or forum conducted pursuant to rules

adopted by the State Election Commission or the Secretary of State

or a communication promoting that debate or forum made by or on

behalf of its sponsor;

     (iv) A communication paid for by any organization operating

under Section 501(c)(3) of the Internal Revenue Code of 1986;

     (v) A communication made while the Legislature is in session

which, incidental to promoting or opposing a specific piece of

legislation pending before the Legislature, urges the audience to

communicate with a member or members of the Legislature concerning

that piece of legislation;

     (vi) A statement or depiction by a membership organization, in

existence prior to the date on which the individual named or

depicted became a candidate, made in a newsletter or other

communication distributed only to bona fide members of that

organization;

     (vii) A communication made solely for the purpose of

attracting public attention to a product or service offered for

sale by a candidate or by a business owned or operated by a

candidate which does not mention an election, the office sought by

the candidate or his or her status as a candidate; or

     (viii) A communication, such as a voter's guide, which refers

to all of the candidates for one or more offices, which contains no

appearance of endorsement for or opposition to the nomination or election of any candidate and which is intended as nonpartisan

public education focused on issues and voting history.

     (13) "Expressly advocating" means any communication that:

     (A) Uses phrases such as "vote for the Governor", "re-elect

your Senator", "support the Democratic nominee for Supreme Court",

"cast your ballot for the Republican challenger for House of

Delegates", "Smith for House", "Bob Smith in '04", "vote Pro-Life"

or "vote Pro-Choice" accompanied by a listing of clearly identified

candidates described as Pro-Life or Pro-Choice, "vote against Old

Hickory", "defeat" accompanied by a picture of one or more

candidates, "reject the incumbent";

     (B) Communications of campaign slogans or individual words,

that can have no other reasonable meaning than to urge the election

or defeat of one or more clearly identified candidates, such as

posters, bumper stickers, advertisements, etc., which say "Smith's

the One", "Jones '06", "Baker", etc; or

     (C) Is susceptible of no reasonable interpretation other than

as an appeal to vote for or against a specific candidate.

     (14) "Financial agent" means any individual acting for and by

himself or herself, or any two or more individuals acting together

or cooperating in a financial way to aid or take part in the

nomination or election of any candidate for public office, or to

aid or promote the success or defeat of any political party at any

election.

     (15) "Fund-raising event" means an event such as a dinner, reception, testimonial, cocktail party, auction or similar affair

through which contributions are solicited or received by such means

as the purchase of a ticket, payment of an attendance fee or by the

purchase of goods or services.

     (16) "Independent expenditure" means an expenditure by a

person:

     (A) Expressly advocating the election or defeat of a clearly

identified candidate; and

     (B) That is not made in concert or cooperation with or at the

request or suggestion of such candidate, his or her agents, the

candidate's authorized political committee or a political party

committee or its agents.

     Supporting or opposing the election of a clearly identified

candidate includes supporting or opposing the candidates of a

political party. An expenditure which does not meet the criteria

for an independent expenditure is considered a contribution.

     (17) "Mass mailing" means a mailing by United States mail,

facsimile or electronic mail of more than five hundred pieces of

mail matter of an identical or substantially similar nature within

any thirty-day period. For purposes of this subdivision,

"substantially similar" includes communications that contain

substantially the same template or language, but vary in

nonmaterial respects such as communications customized by the

recipient's name, occupation or geographic location.

     (18) "Membership organization" means a group that grants bona fide rights and privileges, such as the right to vote, to elect

officers or directors and the ability to hold office, to its

members and which uses a majority of its membership dues for

purposes other than political purposes. "Membership organization"

does not include organizations that grant membership upon receiving

a contribution.

     (19) "Name" means the full first name, middle name or initial,

if any, and full legal last name of an individual and the full name

of any association, corporation, committee or other organization of

individuals, making the identity of any person who makes a

contribution apparent by unambiguous reference.

     (20) "Person" means an individual, corporation, partnership,

committee, association and any other organization or group of

individuals.

     (21) "Political action committee" means a committee organized

by one or more persons for the purpose of supporting or opposing

the nomination or election of one or more candidates. The

following are types of political action committees:

     (A) A corporate political action committee, as that term is

defined by subdivision (8) of this section;

     (B) A membership organization, as that term is defined by

subdivision(18) of this section;

     (C) An unaffiliated political action committee, as that term

is defined by subdivision (29) of this section.

     (22) "Political committee" means any candidate committee, political action committee or political party committee.

     (23) "Political party" means a political party as that term is

defined by section eight, article one of this chapter or any

committee established, financed, maintained or controlled by the

party, including any subsidiary, branch or local unit thereof and

including national or regional affiliates of the party.

     (24) "Political party committee" means a committee established

by a political party or political party caucus for the purposes of

engaging in the influencing of the election, nomination or defeat

of a candidate in any election.

     (25) "Political purposes" means supporting or opposing the

nomination, election or defeat of one or more candidates or the

passage or defeat of a ballot issue, supporting the retirement of

the debt of a candidate or political committee or the

administration or activities of an established political party or

an organization which has declared itself a political party and

determining the advisability of becoming a candidate under the

precandidacy financing provisions of this chapter.

     (26) "Targeted to the relevant electorate" means a

communication which refers to a clearly identified candidate for

statewide office or the Legislature and which can be received by

one hundred forty thousand or more individuals in the state in the

case of a candidacy for statewide office, eight thousand two

hundred twenty or more individuals in the district in the case of

a candidacy for the State Senate and two thousand four hundred ten or more individuals in the district in the case of a candidacy for

the House of Delegates.

     (27) "Telephone bank" means telephone calls that are targeted

to the relevant electorate, other than telephone calls made by

volunteer workers, regardless of whether paid professionals

designed the telephone bank system, developed calling instructions

or trained volunteers.

     (28) "Two-year election cycle" means the twenty-four month

period that begins the day after a general election and ends on the

day of the subsequent general election.

     (29) "Unaffiliated political action committee" means a

political action committee that is not affiliated with a

corporation or a membership organization.







WVC 3 - 8 - 2

§3-8-2. Accounts for receipts and expenditures in elections;

requirements for reporting independent expenditures.

(a) Except for: (1) Candidates for party committeeman and

committeewoman; and (2) federal committees required to file under

the provisions of 2 U.S.C. §434, all candidates for nomination or

election and all persons supporting, aiding or opposing the

nomination, election or defeat of any candidate shall keep for a

period of six months records of receipts and expenditures which are

made for political purposes. All of the receipts and expenditures

are subject to regulation by the provisions of this article.

Verified financial statements of the 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 and by the treasurers of all political

party committees.

(b) (1) In addition to any other reporting required by the

provisions of this chapter, any person who makes independent

expenditures in an aggregate amount or value in excess of $1,000

during a calendar year shall file a disclosure statement, on a form

prescribed by the Secretary of State, that contains all of the

following information:

(A) The name of (i) the person making the expenditure; (ii)

the name of any person sharing or exercising direction or control

over the activities of the person making the expenditure; and (iii)

the name of the custodian of the books and accounts of the person making the expenditure;

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

the principal place of business of the partnership, corporation,

committee, association, organization or group which made the

expenditure;

(C) The amount of each expenditure of more than $1,000 made

during the period covered by the statement and the name of the

person to whom the expenditure was made;

(D) The elections to which the independent expenditure

pertain, the names, if known, of the candidates referred to or to

be referred to therein, whether the expenditure is intended to

support or oppose the identified candidates and the amount of the

total expenditure reported pursuant to paragraph (C) of this

subdivision spent to support or oppose each of the identified

candidates;

(E) The name and address of any person who contributed a total

of more than $250 between the first day of the preceding calendar

year, and the disclosure date, and whose contributions were made

for the purpose of furthering the expenditure.

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

pursuant to paragraph (E) of this subdivision, the statement shall

also include:

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

single contributor exceeded $250;

(ii) If the contributor is a political action committee, the name and address the political action committee registered with the

Secretary of State, county clerk or municipal clerk;

(iii) 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;

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

and

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

(G)(1) A certification that such independent expenditure was

not made in cooperation, consultation, or concert, with, or at the

request or suggestion of, any candidate or any authorized committee

or agent of such candidate.

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

funding an independent expenditure under this subsection shall, at

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

address, occupation, 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.

(3) The Secretary of State shall expeditiously prepare indices

setting forth, on a candidate-by-candidate basis, all independent

expenditures separately, made by, or on behalf of, or for, or

against each candidate, as reported under this subsection, and for

periodically publishing such indices on a timely pre-election basis.

(c) (1) A person, including a political committee, who makes

or contracts to make independent expenditures aggregating $1,000 or

more for any statewide, legislative or multi-county judicial

candidate or $500 or more for any county office, single-county

judicial candidate, committee supporting or opposing a candidate on

the ballot in more than one county, or any municipal candidate on

a municipal election ballot, after the fifteenth day, but more than

twelve hours, before the date of an election, shall file a report

on a form prescribed by the Secretary of State, describing the

expenditures within twenty-four hours: Provided, That a person

making expenditures in the amount of $1,000 or more for any

statewide or legislative candidate on or after the fifteenth day

but more than twelve hours before the day of any election shall

report such expenditures in accordance with section two-b of this

article and shall not file an additional report as provided herein.

(2) Any person who files a report under subdivision (1) of

this subsection, shall file an additional report within twenty-four

hours after each time the person makes or contracts to make

independent expenditures aggregating an additional $500 with

respect to the same election, for any county office, single-county

judicial candidate, committee supporting or opposing a candidate on

the ballot in more than one county, or any municipal candidate on

a municipal election ballot, as that to which the initial report

relates.

(d) (1) A person, including a political committee, who makes

or contracts to make independent expenditures aggregating $10,000

or more at any time up to and including the fifteenth day before

the date of an election shall file a report on a form prescribed by

the Secretary of State, describing the expenditures within

forty-eight hours.

(2) A person who files a report under subdivision (1) of this

subsection, the person shall file an additional report within

forty-eight hours after each time the person makes or contracts to

make independent expenditures aggregating an additional $10,000

with respect to the same election as that to which the initial

report relates.

(e) Any communication paid for by an independent expenditure

must include a clear and conspicuous public notice that:

(1) Clearly states that the communication is not authorized by

the candidate or the candidate's committee; and

(2) Clearly identifies the person making the expenditure:

Provided, That if the 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) Any person who has spent a total of $5,000 or more for the

direct costs of purchasing, producing or disseminating

electioneering communications during any calendar year shall

maintain all financial records and receipts related to such expenditure for a period of six months following the filing of a

disclosure pursuant to subsection (a) of this section and, upon

request, shall make such records and receipts available to the

Secretary of State or county clerk for the purpose of an audit as

provided in section seven of this article.

(g) Any person who willfully fails to comply with this section

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

fined not less than $500, or confined in jail for not more than one

year, or both fined and confined.

(h) (1) Any person who is required to file a statement under

this section may file the statement by facsimile device or

electronic mail, in accordance with such rules as the Secretary of

State may promulgate.

(2) The Secretary of State shall make any document filed

electronically pursuant to this subsection accessible to the public

on the internet not later than twenty-four hours after the document

is received by the secretary.

(3) In promulgating a rule under this subsection, the

secretary shall provide methods, other than requiring a signature

on the document being filed, for verifying the documents covered by

the rule. Any document verified under any of the methods shall be

treated for all purposes, including penalties for perjury, in the

same manner as a document verified by signature.

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

office.

(j) The Secretary of State may promulgate emergency and

legislative rules, in accordance with the provisions of chapter

twenty-nine-a of this code, to establish guidelines for the

administration of this section.



WVC 3 - 8 - 2 A

§3-8-2a. Detailed accounts and verified financial statements for

certain inaugural events; limitations; reporting

requirements.

(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 a person elected to a

statewide public office; and

(2) "Inaugural event" means any event or events held between

the general election of a person elected to a statewide public

office and ninety days after 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 and for which the person elected is a prominent participant

or for which solicitations of contributions include the name of the

person elected 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.

(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 ninety days 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 for any person

elected to a statewide public office in excess of the amount

expended for an inaugural event may be contributed to any

educational, cultural or charitable organization, or to the

Governor's Mansion Fund created in section two, article four,

chapter five-a of this code. 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, any amounts contributed to the Governor's Mansion Fund, any amounts contributed to

educational, cultural or charitable organizations and the names of

the organizations to which such excess moneys were contributed.

The Secretary of State shall file and retain such records as public

records for a period of not less than six years.







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.







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.







WVC 3 - 8 - 3

§3-8-3. Committee treasurers; required to receive and disburse

funds.

Every political committee shall appoint and retain a treasurer

to receive, keep and disburse all sums of money which may be

collected or received by such committee, or by any of its members,

for election expenses, and, unless such treasurer is first

appointed and thereafter retained, it shall be unlawful for any

such committee or any of its members to collect, receive or

disburse money for any such purposes. All moneys collected or

received by any such committee, or by any of its members, for

election expenses shall be paid over to, and pass through the hands

of, the treasurer, and shall be disbursed by him, and it shall be

unlawful for any such committee, or any of its members, to disburse

any money for election expenses unless such money shall be paid to,

and disbursed by, the treasurer. The same person may be designated

to act as treasurer for two or more political party committees.







WVC 3 - 8 - 4



§3-8-4. Treasurers and financial agents; written designation

requirements.

(a) No person may act as the treasurer of any political

action committee or political party committee supporting, aiding or

opposing the nomination, election or defeat of any candidate for an

office encompassing an election district larger than a county

unless a written statement of organization, on a form to be

prescribed by the Secretary of State, is filed with the Secretary

of State at least twenty-eight days before the election at which

that person is to act as a treasurer and is received by the

Secretary of State before midnight, eastern standard time, of that

day or, if mailed, is postmarked before that hour. The form shall

include the name of the political committee; the name of the

treasurer; the mailing address, telephone number and e-mail

address, if applicable, of the committee and of the treasurer if

different from the committee information; the chairman of the

committee; the affiliate organization, if any; type of committee

affiliation, as defined in subdivisions (21) and (24), section

one-a of this article, if any; and whether the committee will

participate in statewide, county or municipal elections. The form

shall be certified as accurate and true and signed by the chairman

and the treasurer of the committee: Provided, That a change of

treasurer or financial agent may be made at any time by filing a

written statement with the Secretary of State.

(b) No person may act as the treasurer for any candidate for nomination or election to any statewide office, or to any office

encompassing an election district larger than a county or to any

legislative office unless a written statement designating that

person as the treasurer or financial agent is filed with the

Secretary of State at least twenty-eight days before the election

at which that person is to act as a treasurer and is received by

the Secretary of State before midnight, eastern standard time, of

that day or if mailed, is postmarked before that hour: Provided,

That a change of treasurer or financial agent may be made at any

time by filing a written statement with the Secretary of State.

(c) No person may act as treasurer of any committee or as

financial agent for any candidate to be nominated or elected by the

voters of a county or a district therein, except legislative

candidates, or as the financial agent for a candidate for the

nomination or election to any other office, unless a written

statement designating him or her as the treasurer or financial

agent is filed with the clerk of the county commission at least

twenty-eight days before the election at which he or she is to act

and is received before midnight, eastern standard time, of that day

or if mailed, is postmarked before that hour: Provided, That a

change of treasurer may be made at any time by filing a written

statement with the clerk of the county commission.

(d) Notwithstanding the provisions of subsections (a), (b) and

(c) of this section, a filing designating a treasurer for a state

or county political executive committee may be made anytime before the committee either accepts or spends funds. Once a designation

is made by a state or county political executive committee, no

additional designations are required under this section until a

successor treasurer is designated. A state or county political

executive committee may terminate a designation made pursuant to

this section by making a written request to terminate the

designation and by stating in the request that the committee has no

funds remaining in the committee's account. This written request

shall be filed with either the Secretary of State or the clerk of

the county commission as provided by subsections (a), (b) and (c)

of this section.







WVC 3 - 8 - 4 A

§3-8-4a. Termination of political committees.

(a) A political committee may terminate by filing a written

request, in accordance with the provisions of section four of this

article, and by stating in the request that it will no longer

receive any contributions or make any disbursements and that it has

no outstanding debts or obligations. At such time, any excess

funds of the committee may be transferred to a political committee

established by the same candidate pursuant to the provisions of

section four or five-e of this article.

(b) The provisions of this section may not be construed to

eliminate or limit the authority of the secretary of state, in

consultation with the state election commission, to establish

procedures for: (1) The determination of insolvency with respect

to any political committee; (2) the orderly liquidation of an

insolvent political committee and the orderly application of its

assets for the reduction of outstanding debts; and (3) the

termination of an insolvent political committee after such

liquidation and application of assets.

(c) Notwithstanding any other provision of this code, any

political committee which has been terminated within three years

prior to the effective date of the reenactment of this section

during the regular session of the Legislature in the year two

thousand two, pursuant to a written request made in accordance with the provisions of section four of this article, may file a written

request and be authorized by the secretary of state to reestablish

the political committee. Any request to reestablish a political

committee pursuant to the provisions of this subsection must be

filed on or before the first day of July, two thousand two. The

provisions of this subsection may not be construed to increase the

maximum contribution authorized during an election cycle, as

provided in section twelve of this article.







WVC 3 - 8 - 5

§3-8-5. Detailed accounts and verified financial statements

required.

(a) Every candidate, treasurer, person and association of

persons, organization of any kind, including every corporation,

directly, or by an independent expenditure, 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 this section and also including the

treasurer or equivalent officer of the association or organization,

expressly advocating the election or defeat of a clearly identified

candidate for state, district, county or municipal office, and the

treasurer of every political committee shall keep detailed accounts

of every sum of money or other thing of value received by him or

her, including all loans of money or things of value and of all

expenditures and disbursements made, liabilities incurred, by the

candidate, financial agent, person, association or organization or

committee, for political purposes, or by any of the officers or

members of the 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 sworn statement:

(1) Of all financial transactions, whenever the total exceeds

$500, which have taken place before the last Saturday in March, to

be filed within six days thereafter and annually whenever the total of all financial transactions relating to an election exceeds $500;

(2) Of all financial transactions which have taken place

before the fifteenth day preceding each primary or other election

and subsequent to the previous statement, if any, to be filed

within four business days after the fifteenth day;

(3) Of all financial transactions which have taken place

before the thirteenth day after each primary or other election and

subsequent to the previous statement, if any, to be filed within

twenty business days after the thirteenth day; and

(4) Of all financial transactions, whenever the total exceeds

$500 or whenever any loans are outstanding, which have taken place

before the forty-third day preceding the general election day, to

be filed within four business days after the forty-third day.

(c) Every person who announces as a write-in candidate for any

elective office and his or her financial agent or election

organization of any kind shall comply with all of the requirements

of this section after public announcement of the 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 to be

voted on.

(e) Candidates for the office of conservation district supervisor elected pursuant to the provisions of article

twenty-one-a, chapter nineteen of this code are required to file

only the reports required by subdivisions (2) and (3), subsection

(b) of this section immediately prior to and after the primary

election: Provided, That during the election in the year 2008, the

statements required by this subsection shall be filed immediately

prior to and after the general election.







WVC 3 - 8 - 5 A

§3-8-5a. Information required in financial statement.

(a) Each financial statement required by the provisions of

this article, other than a disclosure of electioneering

communications pursuant to section two-b of this article, shall

contain only the following information:

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

number of each candidate, financial agent, treasurer or person and

the name, address and telephone number of each association,

organization or committee filing a financial statement.

(2) 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.

(3) The name of any person making a contribution and the

amount of the contribution. If the total contributions of any one

person in any one election cycle amount to more than two hundred

fifty dollars, the residence and mailing address of the contributor

and, if the contributor is an individual, his or her major business

affiliation and occupation shall also be reported. A contribution

totaling more than fifty dollars of currency of the United States

or currency of any foreign country by any one contributor is

prohibited and a violation of section five-d of this article. The

statement on which contributions are required to be reported by

this subdivision may not distinguish between contributions made by

individuals and contributions made by partnerships, firms,

associations, committees, organizations or groups.

(4) The total amount of contributions received during the

period covered by the financial statement.

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

or the name and mailing address of each lending institution making

a loan or of the spouse cosigning a loan, as appropriate, 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.

(6) 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.

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

the period.

(8) The name, residence and mailing address of any person to

whom each expenditure was made or liability incurred, including

expenditures made on behalf of a candidate or political committee

that otherwise are not made directly by the candidate or political

committee, together with the amount and purpose of each expenditure

or liability incurred and the date of each transaction.

(9) The total expenditure for the nomination, election or

defeat of a candidate or any person supporting, aiding or opposing the nomination, election or defeat of any candidate in whose behalf

an expenditure was made or a contribution was given for the primary

or other election.

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

covered by the financial statement.

(b) Any unexpended balance at the time of making the financial

statements herein provided for shall be properly accounted for in

that financial statement and shall appear as a beginning balance in

the next financial statement.

(c) Each financial statement required by this section shall

contain a separate section setting forth the following information

for each fund-raising event held during the period covered by the

financial statement:

(1) The type of event, date held and address and name, if any,

of the place where the event was held.

(2) All of the information required by subdivision (3),

subsection (a) of this section.

(3) The total of all moneys received at the fund-raising

event.

(4) The expenditures incident to the fund-raising event.

(5) The net receipts of the fund-raising event.

(d) When any lump sum payment is made to any advertising

agency or other disbursing person who does not file a report of

detailed accounts and verified financial statements as required in

this section, such lump sum expenditures shall be accounted for in the same manner as provided for herein.

(e) Any contribution or expenditure made by or on behalf of a

candidate for public office, to any other candidate or committee

for a candidate for any public office in the same election shall be

accounted for in accordance with the provisions of this section.

(f) No person may make any contribution except from his, her

or its own funds, unless such person discloses in writing to the

person required to report under this section the name, residence,

mailing address, major business affiliation and occupation of the

person which furnished the funds to the contributor. All such

disclosures shall be included in the statement required by this

section.

(g) Any firm, association, committee or fund permitted by

section eight of this article to be a political committee shall

disclose on the financial statement its corporate or other

affiliation.

(h) No contribution may be made, directly or indirectly, in a

fictitious name, anonymously or by one person through an agent,

relative or other person so as to conceal the identity of the

source of the contribution or in any other manner so as to effect

concealment of the contributor's identity.

(i) No person may accept any contribution for the purpose of

influencing the nomination, election or defeat of a candidate or

for the passage or defeat of any ballot issue unless the identity

of the donor and the amount of the contribution is known and reported.

(j) When any person receives an anonymous contribution which

cannot be returned because the donor cannot be identified, that

contribution shall be donated to the General Revenue Fund of the

state. Any anonymous contribution shall be recorded as such on the

candidate's financial statement, but may not be expended for

election expenses. At the time of filing, the financial statement

shall include a statement of distribution of anonymous

contributions, which total amount shall equal the total of all

anonymous contributions received during the period.

(k) Any membership organization which raises funds for

political purposes by payroll deduction, assessing them as part of

its membership dues or as a separate assessment, may report the

amount raised as follows:

(1) If the portion of dues or assessments designated for

political purposes equals twenty-five dollars or less per member

over the course of a calendar year, the total amount raised for

political purposes through membership dues or assessments during

the period is reported by showing the amount required to be paid by

each member and the number of members.

(2) If the total payroll deduction for political purposes of

each participating member equals twenty-five dollars or less over

the course of a calendar or fiscal year, as specified by the

organization, the organization shall report the total amount

received for political purposes through payroll deductions during the reporting period and, to the maximum extent possible, the

amount of each yearly payroll deduction contribution level and the

number of members contributing at each such specified level. The

membership organization shall maintain records of the name and

yearly payroll deduction amounts of each participating member.

(3) If any member contributes to the membership organization

through individual voluntary contributions by means other than

payroll deduction, membership dues, or assessments as provided in

this subsection, the reporting requirements of subdivision (3),

subsection (a) of this section shall apply. Funds raised for

political purposes must be segregated from the funds for other

purposes and listed in its report.

(l) Notwithstanding the provisions of section five of this

article or of the provisions of this section to the contrary, an

alternative reporting procedure may be followed by a political

party committee in filing financial reports for fund-raising events

if the total profit does not exceed five thousand dollars per year.

A political party committee may report gross receipts for the sale

of food, beverages, services, novelty items, raffle tickets or

memorabilia, except that any receipt of more than fifty dollars

from an individual or organization shall be reported as a

contribution. A political party committee using this alternative

method of reporting shall report:

(i) The name of the committee;

(ii) The type of fund-raising activity undertaken;

(iii) The location where the activity occurred;

(iv) The date of the fundraiser;

(v) The name of any individual who contributed more than fifty

dollars worth of items to be sold;

(vi) The name and amount received from any person or

organization purchasing more than fifty dollars worth of food,

beverages, services, novelty items, raffle tickets or memorabilia;

(vii) The gross receipts of the fundraiser; and

(viii) The date, amount, purpose and name and address of each

person or organization from whom items with a fair market value of

more than fifty dollars were purchased for resale.







WVC 3 - 8 - 5 B

§3-8-5b. Where financial statements shall be filed; filing date

prescribed.

(a) The financial statements provided for in this article

shall be filed, by or on behalf of candidates, with:

(1) The Secretary of State for legislative offices and for

statewide and other offices to be nominated or elected by the

voters of a political division greater than a county;

(2) The clerk of the county commission by candidates for

offices to be nominated or elected by the voters of a single county

or a political division within a single county; or

(3) The proper municipal officer by candidates for office to

be nominated or elected to municipal office.

(b) The statements may be filed by mail, in person, or by

facsimile or other electronic means of transmission: Provided,

That the financial statements filed by or on behalf of candidates

for Governor, Secretary of State, Attorney General, Auditor,

Treasurer, Commissioner of Agriculture and Supreme Court of Appeals

shall be filed electronically by the means of an internet program

to be established by the Secretary of State.

(c) Committees required to report electronically may apply to

the State Election Commission for an exemption from mandatory

electronic filing in the case of hardship. An exemption may be

granted at the discretion of the State Election Commission.

(d) For purposes of this article, the filing date of a

financial statement shall, in the case of mailing, be the date of the postmark of the United States Postal Service, and in the case

of hand delivery or delivery by facsimile or other electronic means

of transmission, the date delivered to the office of the Secretary

of State or to the office of the clerk of the county commission, in

accordance with the provisions of subsection (a) of this section,

during regular business hours of such office.

(e) The sworn financial statements required to be filed by

this section with the Secretary of State shall be posted on the

internet by the Secretary of State within ten business days from

the date the financial statement was filed.







WVC 3 - 8 - 5 C

§3-8-5c.

Repealed.

Acts, 2005 4 Ex. Sess., Ch. 9.







WVC 3-8-5D

§3-8-5d. Offenses and penalties.

(a) Any person who makes or receives a contribution of

currency of the United States or currency of any foreign country of

more than fifty dollars in value is guilty of a misdemeanor, and,

upon conviction, shall be fined a sum equal to three times the

amount of the contribution.

(b) Notwithstanding any provision of section twenty-four,

article nine of this chapter to the contrary, a criminal

prosecution or civil action for a violation of this article may be

commenced within five years after the violation occurred.

(c) No person required to report under this article shall be

found in violation of this article if any person, firm, association

or committee making a contribution has provided false information

to such person: Provided, That any person, firm, association or

committee who provides false information to a person required to

report under this article is guilty of a misdemeanor and subject to

the penalties provided in section twenty-three, article nine of

this chapter.







WVC 3 - 8 - 5 E

§3-8-5e. Precandidacy financing and expenditures.

(a) Notwithstanding any other provisions of this code, it is

lawful for a person, otherwise qualified to be a candidate for any

public office or position to be determined by public election, to

receive contributions or make expenditures, or both, personally or

by another individual acting as a treasurer, to determine the

advisability of becoming such a candidate or preparing to be such

a candidate: Provided, That such contributions may be received and

such expenditures made only during the four years immediately

preceding the term for which such person may be a candidate or

during the term of office immediately preceding the term for which

such person may be a candidate, whichever is less: Provided,

however, That no person is disqualified from receiving

contributions or making expenditures as permitted under the

provisions of this section solely because such person then holds a

public office or position.

(b) Any person undertaking to determine the advisability of

becoming or preparing to be a candidate, who desires to receive

contributions before filing a certificate of candidacy, shall name

himself or another individual to act as a treasurer and shall file

a designation of treasurer in the manner provided in section four

of this chapter before receiving any contributions permitted by

this section. Any expenditures made before the filing of a

designation of treasurer shall be reported in accordance with the

provisions of this section, regardless of the source of funds used for such expenditures.

(c) A person who receives a contribution who is acting for and

by himself or as treasurer or agent for another pursuant to the

provisions of this section shall keep detailed accounts of every

sum of money or other thing of value received by him, and of all

expenditures and disbursements made, and liabilities incurred, in

the same manner as such accounts are required by section five of

this article, for the period prior to the date of filing for

candidacy for the office he is considering seeking. Any person who

has received contributions or made expenditures subject to the

provisions of this section shall file annually on the last Saturday

in March or within six days thereafter preceding the election at

which the names of candidates would appear on the ballot for the

public office or position which the person originally considered

seeking, a detailed itemized statement setting forth all

contributions received and expenditures made pursuant to the

provisions of this section concerning the candidacy of that person.

If the person on whose behalf such contributions are received or

expenditures are made becomes a candidate for any office or

position to be decided at such election then the itemized statement

shall be included within the first statement required to be filed

by the provisions of section five of this article. If such person

does not become a candidate for any office or position to be

decided at such election, then the detailed itemized statements

required by this subsection shall be the only statements required to be filed by such person. Regardless of whether such person

becomes a candidate as originally intended, or becomes a candidate

for some office other than the office or position originally

intended, or does not become a candidate, all limits on campaign

contributions and campaign expenditures applicable to the candidacy

of or advocacy of the candidacy of such person for the office he

actually seeks, shall be applicable to and inclusive of the

receipts had and expenditures made during such precandidacy period

as well as after the person becomes a candidate.







WVC 3 - 8 - 5 F

§3-8-5f. Loans to candidates, organizations or persons for

election purposes.

(a) 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 may receive any money or any other thing of

value as a loan toward election expenses 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.







WVC 3-8-6

§3-8-6. Financial statement forms; filing; disposition.

Blank forms for all financial statements required under this

article shall be provided by the state election commission. The

content of the forms shall be as prescribed by legislative rule

promulgated in accordance with the provisions of chapter

twenty-nine-a of this code. Pending legislative approval of such

legislative rule, the state election commission may by emergency

rule prescribe the contents of the forms. Copies thereof, together

with a copy of this article, shall be furnished through the county

clerk or otherwise, as the secretary of state may deem expedient,

to all treasurers of political committees, to all political

financial agents, and to all candidates for nomination or election

to any office, upon the filing of a petition or announcement for

nomination, and to all other persons required by law to file such

statements who shall apply therefor. The form shall also be

furnished, at a nominal cost, on computer disc or magnetic media.

All statements filed in accordance with the provisions of this

article shall be received, endorsed and filed by the secretary of

state and county clerks, and shall be preserved for five years,

after which time they may be destroyed, if not required to be

further preserved by the order of any court.







WVC 3 - 8 - 7

§3-8-7. Failure to file statement; delinquent or incomplete

filing; criminal and civil penalties.

          (a) Any person, candidate, financial agent or treasurer of a

political party committee who fails to file a sworn, itemized

statement required by this article within the time limitations

specified in this article or who willfully files a grossly

incomplete or grossly inaccurate statement is guilty of a

misdemeanor and, upon conviction thereof, shall be fined not less

than $500 or confined in jail for not more than one year, or both

fined and confined. Sixty days after any primary or other election,

the Secretary of State, county clerk or municipal recorder, as the

case may be, shall give notice of any failure to file a sworn

statement or the filing of any grossly incomplete or grossly

inaccurate statement by any person, candidate, financial agent or

treasurer of a political party committee and forward copies of any

grossly incomplete or grossly inaccurate statement to the

prosecuting attorney of the county where the person, candidate,

financial agent or treasurer resides, is located or has its

principal place of business.

          (b) (1) Any person, candidate, financial agent or treasurer of

a political party committee who fails to file a sworn, itemized

statement as required in this article or who files a grossly

incomplete or grossly inaccurate statement may be assessed a civil

penalty by the Secretary of State of $25 a day for each day after

the due date the statement is delinquent, grossly incomplete or grossly inaccurate. Sixty days after any primary or other election,

the county clerk shall give notice to the Secretary of State of any

failure to file a sworn statement or the filing of any grossly

incomplete or grossly inaccurate statement by any person,

candidate, financial agent or treasurer of a political party

committee and forward copies of such delinquent, incomplete or

inaccurate statements to the Secretary of State.

          (2) A civil penalty assessed pursuant to this section shall be

payable to the state of West Virginia and is collectable as

authorized by law for the collection of debts.

          (3) The Secretary of State may negotiate and enter into

settlement agreements for the payment of civil penalties assessed

as a result of the filing of a delinquent, grossly incomplete or

inaccurate statement.

          (4) The Secretary of State and county clerk may review and

audit any sworn statement required to be filed pursuant to this

article. The State Election Commission shall propose legislative

rules for promulgation, in accordance with chapter twenty-nine-a of

this code, to establish procedures for the assessment of civil

penalties as provided in this section.

          (c) (1) Any candidate, whether nominated by primary election

or appointed by executive committee or executive committee chair,

who has failed to file any sworn statement as required by this

article, relating to the immediately preceding primary election for

any office by the eighty-fourth day before the general election, is disqualified and may not have his or her name appear on the general

election ballot. The provisions of subsection (d), section five-b

of this article notwithstanding, any sworn statement filed after

the deadline required by section five of this article must be

received in the office indicated by subsection (a), section five-b

of this article by the close of business on the eighty-fourth day

before the general election.

          (2) It is unlawful to issue a commission or certificate of

election, or to administer the oath of office, to any person

elected to any public office who has failed to file any sworn

statement required by this article and no person may enter upon the

duties of his or her office until he or she has filed such

statement, nor may he or she receive any salary or emolument for

any period prior to the filing of the statement.

          (3) The vacancy on the ballot created by the disqualification

in this subsection is subject to section nineteen, article five,

chapter three of this code.

          (d) As used in this section, "grossly" means substantive and

material, and specifically includes false or misleading

representations and acts of omissions.

          (e) The Secretary of State shall provide by rule protocols for

written notice via certified mail, return receipt requested, to the

person, candidate, financial agent or treasurer of a political

party committee that is not in compliance with the requirements of

this section. With respect to a violation of subsection (c) of this section, the notice shall be provided sixty days after any

primary or other election.







WVC 3 - 8 - 8

§3-8-8. Corporation contributions forbidden; exceptions;

penalties; promulgation of rules; additional powers

of State Election Commission.

(a) An officer, agent or person acting on behalf of any

corporation, whether incorporated under the laws of this or any

other state or of a foreign country, may not pay, give, lend or

authorize to be paid, any money or other thing of value belonging

to the corporation to any candidate or candidate's campaign for

nomination or election to any statewide office or any other

elective office in the state or any of its subdivisions.

(b) A person may not solicit or receive any payment,

contribution or other thing from any corporation or from any

officer, agent or other person acting on behalf of the corporation

to any candidate or candidate's campaign for nomination or election

to any statewide office or any other elective office in the state

or any of its subdivisions.

(c)(1) The provisions of this section do not prohibit a

corporation from soliciting, through any officer, agent or person

acting on behalf of the corporation, contributions to a separate

segregated fund to be used for political purposes. Any separate

segregated fund is considered a political action committee for the

purpose of this article and is subject to all reporting

requirements applicable to political action committees;

(2) It is unlawful for:

(A) A corporation or separate segregated fund to make a primary or other election contribution or expenditure by using

money or anything of value secured: (i) By physical force, job

discrimination or financial reprisal; (ii) by the threat of force,

job discrimination or financial reprisal; or (iii) as a condition

of employment;

(B) Any person soliciting a stockholder or executive or

administrative personnel and members of their families for a

contribution to a corporation or separate segregated fund to fail

to inform the person solicited of the political purposes of the

separate segregated fund at the time of the solicitation;

(C) Any person soliciting any other person for a contribution

to a corporation or separate segregated fund to fail to inform the

person solicited at the time of the solicitation of his or her

right to refuse to contribute without any reprisal;

(D) A separate segregated fund established by a corporation:

(i) To solicit contributions to the fund from any person other than

the corporation's stockholders and their families and its executive

or administrative personnel and their families; or (ii) to

contribute any corporate funds;

(E) A separate segregated fund established by a corporation to

receive contributions to the fund from any person other than the

corporation's stockholders and their immediate families and its

executive or administrative personnel and their immediate families;

(F) A corporation to engage in job discrimination or to

discriminate in job promotion or transfer because of an employee's failure to make a contribution to the corporation or a separate

segregated fund;

(G) A separate segregated fund to make any contribution,

directly or indirectly, in excess of $1,000 in connection with or

on behalf of any campaign for nomination or election to any

elective office in the state or any of its subdivisions, or in

connection with or on behalf of any committee or other organization

or person engaged in furthering, advancing, supporting or aiding

the nomination or election of any candidate for any such office;

(H) A corporation to pay, give or lend or to authorize

payment, giving or lending of any moneys or other things of value

belonging to the corporation to a separate segregated fund for the

purpose of making a contribution to a candidate or a candidate's

committee. This provision does not prohibit a separate segregated

fund from using the property, real or personal, facilities and

equipment of a corporation solely to establish, administer and

solicit contributions to the fund, subject to the rules of the

State Election Commission as provided in subsection (d) of this

section: Provided, That any such corporation shall also permit any

group of its employees represented by a bona fide political action

committee to use the real property of the corporation solely to

establish, administer and solicit contributions to the fund of the

political action committee, subject to the rules of the State

Election Commission promulgated in accordance with said subsection.

(3) For the purposes of this section, the term "executive or administrative personnel" means individuals employed by a

corporation who are paid on a salary rather than hourly basis and

who have policy-making, managerial, professional or supervisory

responsibilities.

(d) Any person or corporation violating any provision of this

section is guilty of a misdemeanor and, upon conviction thereof,

shall be fined not more than $10,000. A corporation may not

reimburse any person the amount of any fine imposed pursuant to

this section.

(e) To ensure uniform administration and application of the

provisions of this section and of those of the Federal Election

Campaign Act Amendments of 1976 relating to corporate

contributions, the State Election Commission shall propose rules

for legislative approval in accordance with the provisions of

article three, chapter twenty-nine-a of this code to implement the

provisions of this section consistent, insofar as practicable, with

the rules and regulations promulgated by the Federal Election

Commission to carry out similar or identical provisions of 2 U.S.C.

§441b.

(f) In addition to the powers and duties set forth in article

one-a of this chapter, the State Election Commission has the

following powers and duties:

(1) To investigate, upon complaint or on its own initiative,

any alleged violations or irregularities of this article.

(2) To administer oaths and affirmations, issue subpoenas for the attendance of witnesses, issue subpoenas duces tecum to compel

the production of books, papers, records and all other evidence

necessary to any investigation.

(3) To involve the aid of any circuit court in the execution

of its subpoena power.

(4) To report any alleged violations of this article to the

appropriate prosecuting attorney having jurisdiction, which

prosecuting attorney shall present to the grand jury such alleged

violations, together with all evidence relating thereto, no later

than the next term of court after receiving the report.

(g) The Attorney General shall, when requested, provide legal

and investigative assistance to the State Election Commission.

(h) Any investigation, either upon complaint or initiative,

shall be conducted in an executive session of the State Election

Commission and shall remain undisclosed except upon an indictment

by a grand jury.

(i) Any person who discloses the fact of any complaint,

investigation or report or any part thereof, or any proceedings

thereon, is guilty of a misdemeanor and, upon conviction thereof,

shall be fined not less than $1,000, nor more than $5,000, and

shall be confined in jail not less than six months nor more than

one year.

(j) The amendments to this section enacted during the second

extraordinary session of 2008 are intended to conform to the

existing proscription to constitutionally permissible limits and not to create a new offense or offenses.

(k) The effective date of the amendments to this section

enacted during the second extraordinary legislative session of 2008

is October 1, 2008.



WVC 3 - 8 - 9

§3-8-9. Lawful and unlawful election expenses; public opinion

polls and limiting their purposes; limitation upon

expenses; use of advertising agencies and reporting

requirements; delegation of expenditures.

(a) No financial agent or treasurer of a political committee

shall pay, give or lend, either directly or indirectly, any money

or other thing of value for any election expenses, except for the

following purposes:

(1) For rent, maintenance, office equipment and other

furnishing of offices to be used as political headquarters and for

the payment of necessary clerks, stenographers, typists, janitors

and messengers actually employed therein;

(2) In the case of a candidate who does not maintain a

headquarters, for reasonable office expenses, including, but not

limited to, filing cabinets and other office equipment and

furnishings, computers, computer hardware and software, scanners,

typewriters, calculators, audio visual equipment, the rental of the

use of the same, or for the payment for the shared use of same with

the candidate's business and for the payment of necessary clerks,

stenographers and typists actually employed;

(3) For printing and distributing books, pamphlets, circulars

and other printed matter and radio and television broadcasting and

painting, printing and posting signs, banners and other

advertisements, including contributions to charitable, educational

or cultural events, for the promotion of the candidate, the candidate's name or an issue on the ballot;

(4) For renting and decorating halls for public meetings and

political conventions, for advertising public meetings and for the

payment of traveling expenses of speakers and musicians at such meetings;

(5) For the necessary traveling and hotel expenses of

candidates, political agents and committees and for stationery,

postage, telegrams, telephone, express, freight and public

messenger service;

(6) For preparing, circulating and filing petitions for

nomination of candidates;

(7) For examining the lists of registered voters, securing

copies thereof, investigating the right to vote of the persons

listed therein and conducting proceedings to prevent unlawful

registration or voting;

(8) For conveying voters to and from the polls;

(9) For securing publication in newspapers and by radio and

television broadcasting of documents, articles, speeches, arguments

and any information relating to any political issue, candidate or

question or proposition submitted to a vote;

(10) For conducting public opinion poll or polls. For the

purpose of this section, the phrase "conducting of public opinion

poll or polls" shall mean and be limited to the gathering,

collection, collation and evaluation of information reflecting

public opinion, needs and preferences as to any candidate, group of

candidates, party, issue or issues. No such poll shall be deceptively designed or intentionally conducted in a manner

calculated to advocate the election or defeat of any candidate or

group of candidates or calculated to influence any person or

persons so polled to vote for or against any candidate, group of

candidates, proposition or other matter to be voted on by the

public at any election: Provided, That nothing herein shall

prevent the use of the results of any such poll or polls to

further, promote or enhance the election of any candidate or group

of candidates or the approval or defeat of any proposition or other

matter to be voted on by the public at any election;

(11) For legitimate advertising agency services, including

commissions, in connection with any campaign activity for which

payment is authorized by subdivisions (3), (4), (5), (6), (7), (9)

and (10) of this subsection;

(12) For the purchase of memorials, flowers or citations by

political party executive committees or political action committees

representing a political party;

(13) For the purchase of nominal noncash expressions of

appreciation following the close of the polls of an election or

within thirty days thereafter;

(14) For the payment of dues or subscriptions to any national,

state or local committee of any political party;

(15) For contributions to a county party executive committee,

state party executive committee or a state party legislative caucus

political committee; and

(16) For contributions to a candidate committee: Provided,

That a candidate committee may not contribute to another candidate

committee except as otherwise provided by section ten of this

article.

(b) A political action committee may not contribute to another

political action committee or receive contributions from another

political action committee: Provided, That a political action

committee may receive contributions from its national affiliate, if

any.

(c) Every liability incurred and payment made shall be for the

fair market value of the services rendered.

(d) Every advertising agency subject to the provisions of this

article shall file, in the manner and form required by section

five-a of this article, the financial statements required by

section five of this article at the times required therein and

include therein, in itemized detail, all receipts from and

expenditures made on behalf of a candidate, financial agent or

treasurer of a political party committee.

(e) Any candidate may designate a financial agent by a writing

duly subscribed by him which shall be in such form and filed in

accordance with the provisions of section four of this article.







WVC 3 - 8 - 10

§3-8-10. Use of certain contributions.

(a) Notwithstanding any provision of this code to the

contrary, amounts received by a candidate as contributions that are

in excess of any amount necessary to defray his or her expenditures

may be:

(1) Used by the candidate to defray any usual and customary

expenses incurred in connection with his or her duties as a holder

of public office; and

(2) Contributed by the candidate, after the general election,

to:

(A) Any charitable organization or subsequent campaign by the

same candidate, without limitation;

(B) Any national committee in accordance with federal

requirements;

(C) Any state party executive committee or state party

legislative caucus committee, in an amount not to exceed fifteen

thousand dollars in a calendar year; or

(D) Any local committee of any political party or any other

candidate for public office, in accordance with the existing

limitations on contributions.

(b) The State Election Commission shall promulgate emergency

and legislative rules, in accordance with the provisions of chapter

twenty-nine-a of this code, to establish guidelines for the

administration of this section.







WVC 3-8-11

§3-8-11. Specific acts forbidden; penalties.

(a) Any person who shall, directly or indirectly, by himself,

or by any other person on his behalf, make use of, or threaten to

make use of, any force, violence or restraint, or inflict, or

threaten to inflict, any damage, harm or loss, upon or against any

person, or by any other means attempt to intimidate or exert any

undue influence, in order to induce such person to vote or refrain

from voting, or on account of such person having voted or refrained

from voting, at any election, or who shall, by abduction, duress or

any fraudulent device or contrivance, impede or prevent the free

exercise of the suffrage by any elector, or shall thereby compel,

induce or prevail upon any elector either to vote or refrain from

voting for or against any particular candidate or measure; or

(b) Any person who, being an employer, or acting for or on

behalf of any employer, shall give any notice or information to his

employees, containing any threat, either express or implied,

intended or calculated to influence the political view or actions

of the workmen or employees; or

(c) Any person who shall, knowingly, make or publish, or cause

to be made or published, any false statement in regard to any

candidate, which statement is intended or tends to affect any

voting at any election whatever; or

(d) Any person who shall pay any owner, publisher, editor or

employee or any newspaper or other periodical, to advocate or

oppose editorially, any candidate for nomination or election, or

any political party, or any measure to be submitted to the vote of

the people; or any owner, publisher, editor or employee, who shall solicit or accept such payment:

Is guilty of a misdemeanor, and, on conviction thereof, shall

be fined not more than ten thousand dollars, or confined in jail

for not more than one year, or, in the discretion of the court,

shall be subject to both such fine and imprisonment.







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.



WVC 3-8-13

§3-8-13. Parties liable and subject to penalties.

In all cases of violation of the provisions of this article by

any partnership, committee, association, corporation, or other

organization or group of persons, the officers, directors, or

managing or controlling heads thereof, who knowingly and willingly

participate in such violation, shall be subject to the penalties

and punishments provided herein.







WVC 3 - 8 - 14

§3-8-14. Effective date of certain criminal offenses.

The criminal offenses created in sections two, seven and

twelve of this article by the provisions of Enrolled Committee

Substitute for House Bill No. 402 during the fourth extraordinary

session, two thousand five, shall be effective ninety days from

passage.





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.