§3-12-9. Qualifying contributions


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 12 - 9

§3-12-9. Qualifying contributions.

     (a) A participating candidate or his or her candidate's

committee may not accept more than one qualifying contribution from

a single individual. A qualifying contribution may not be less

than $1 nor more than $100. To be considered as a proper

qualifying contribution, the qualifying contribution must be made

by a registered West Virginia voter. A participating candidate

shall collect qualifying contributions which in the aggregate are

not less than $35,000 nor more than $50,000. Qualifying

contributions in excess of $50,000 shall be sent to the State

Election Commission for deposit in the fund.

     (b) Each qualifying contribution shall be acknowledged by a

written receipt that includes:

     (1) The printed name of the participating candidate on whose

behalf the contribution is made and the signature of the person who

collected the contribution for the candidate or his or her

candidate's committee;

     (2) For qualifying contributions of $25 or more, the

contributor's signature, printed name, street address, zip code,

telephone number, occupation and name of employer; and for

qualifying contributions of less than $25, the contributor's

signature, printed name, street address and zip code;

     (3) A statement above the contributor's signature that:

     (A) The contributor understands the purpose of the

contribution is to assist the participating candidate in obtaining public campaign financing;

     (B) The contribution was made without coercion;

     (C) The contributor has not been reimbursed, received or

promised anything of value for making the contribution; and

     (4) One copy of the receipt shall be given to the contributor,

one copy shall be retained by the candidate and one copy shall be

sent by the candidate to the Secretary of State. A contribution

which is not acknowledged by a written receipt in the form required

by this subsection is not a qualifying contribution.

     (c) During the qualifying period, a participating candidate or

his or her candidate's committee must obtain at least five hundred

qualifying contributions from registered West Virginia voters. A

minimum of ten percent of the total number of qualifying

contributions received by the candidate must be from each of the

state's congressional districts.

     (d) A participating candidate and each member of the

candidate's immediate family who is a registered voter in this

state may each make one qualifying contribution. A participating

candidate may not use any other personal funds to satisfy the

qualifying contributions requirements.

     (e) A participating candidate may not reimburse, give or

promise anything of value in exchange for a qualifying

contribution.

     (f) At the beginning of each month, a participating or

certified candidate or his or her financial agent or committee shall report all qualifying contributions, expenditures and

obligations along with all receipts for contributions received

during the prior month to the Secretary of State. Such reports

shall be filed electronically: Provided, That a committee may

apply for an exemption in case of hardship pursuant to subsection

(c) of section five-b, article eight of this chapter. If the

candidate decides not to run for office, all unspent or unobligated

qualifying contributions shall be sent to the State Election

Commission for deposit in the fund. If the candidate decides to

run for office as a nonparticipating candidate, the unspent or

unobligated qualifying contributions shall be used in accordance

with articles eight and twelve of this chapter.

     (g) All qualifying contributions collected and all

expenditures by a participating candidate or his or her committee

shall be reported to the Secretary of State no later than two

business days after the close of the qualifying period.

     (h) (1) Individuals are limited to not more than one $100

contribution during the qualifying period.

     (2) An individual may not contribute more than $1,000 in the

aggregate in exploratory and qualifying contributions.

     (3) All contributions to candidates participating in the West

Virginia Supreme Court of Appeals Public Campaign Financing Program

shall be collected by the candidates's designated financial agent.





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.