§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


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
WEST VIRGINIA CODE











‹ Back



 |   Print







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.





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.