Chapter 3. Elections


Published: 2015

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WEST VIRGINIA CODE











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WVC 3-

CHAPTER 3. ELECTIONS.

ARTICLE 12 - WEST VIRGINIA SUPREME COURT OF APPEALS PUBLIC CAMPAIGN FINANCING PILOT PROGRAM

ARTICLE 12. WEST VIRGINIA SUPREME COURT OF APPEALS PUBLIC

CAMPAIGN FINANCING PILOT PROGRAM.



WVC 3 - 12 - 1

§3-12-1. Short title.

     This article is known as the "West Virginia Supreme Court of

Appeals Public Campaign Financing Program."







WVC 3 - 12 - 2

§3-12-2. Legislative findings and declarations.

     The Legislature finds and declares the following:

     (1) Current campaign finance laws permit candidates to spend

unlimited amounts of money raised from private sources;

     (2) Current campaign finance laws permit certain independent

parties to raise and spend unlimited amounts of money to influence

the outcome of elections;

     (3) Over the last decade, fundraising and campaign

expenditures in elections for a seat on the Supreme Court of

Appeals have dramatically increased in West Virginia;

     (4) In 2000, candidates running for a seat on the Supreme

Court of Appeals raised a total of $1.4 million;

     (5) In 2004, candidates running for a seat on the Supreme

Court of Appeals raised a total of $2.8 million;

     (6) In 2008, candidates running for a seat on the Supreme

Court of Appeals raised a total of $3.3 million;

     (7) In 2012, candidates running for a seat on the Supreme

Court of Appeals raised a total of $3.7 million.

     (8) As spending by candidates and independent parties

increases, so does the perception that contributors and interested

third parties hold too much influence over the judicial process;

     (9) The detrimental effects of spending large amounts by

candidates and independent parties are especially problematic in

judicial elections because impartiality is uniquely important to

the integrity and credibility of courts;

     (10) As demonstrated by the 2012 West Virginia Supreme Court

of Appeals Public Campaign Financing Pilot Program, an alternative

public campaign financing option for candidates running for a seat

on the Supreme Court of Appeals will ensure the fairness of

democratic elections in this state, protect the Constitutional

rights of voters and candidates from the detrimental effects of

increasingly large amounts of money being raised and spent to

influence the outcome of elections, protect the impartiality and

integrity of the judiciary, and strengthen public confidence in the

judiciary; and

     (11) Funding the "West Virginia Supreme Court of Appeals

Public Campaign Financing Program" from a wide range of revenue

sources furthers important state interests in protecting the

integrity of judicial elections and serves to protect the public

interest.







WVC 3 - 12 - 3

§3-12-3. Definitions.

     As used in this article, the following terms and phrases have

the following meanings:

     (1) "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.

     (2) "Certified candidate" means an individual seeking election

to the West Virginia Supreme Court of Appeals who has been

certified in accordance with section ten of this article as having

met all of the requirements for receiving public campaign financing

from the fund.

     (3) "Contribution" means a gift subscription, 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.

     (4) "Exploratory contribution" means a contribution of no more

than $1,000 made by an individual adult, including a participating

candidate and members of his or her immediate family, during the

exploratory period but prior to filing the declaration of intent.

Exploratory contributions may not exceed $20,000 in the aggregate.

     (5) "Exploratory period" means the period during which a

participating candidate may raise and spend exploratory

contributions to examine his or her chances of election and to

qualify for public campaign financing under this article. The

exploratory period begins on January 1 the year before the election

in which the candidate may run for Justice of the Supreme Court of

Appeals and ends on the last Saturday in January of the election

year.

     (6) "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.

     (7) "Fund" means the Supreme Court of Appeals Public Campaign

Financing Fund created by section five of this article.

     (8) "Immediate family" or "immediate family members" means the spouse, parents, step-parents, siblings and children of the

participating candidate.

     (9) "Nonparticipating candidate" means a candidate who is:

     (A) Seeking election to the Supreme Court of Appeals;

     (B) Is neither certified nor attempting to be certified to

receive public campaign financing from the fund; and

     (C) Has an opponent who is a participating or certified

candidate.

     (10) "Nonpartisan judicial election campaign period" means the

period beginning on the first day of the primary election filing

period, as determined under section seven, article five of this

chapter, and ending on the day of the nonpartisan judicial

election.

     (11) "Participating candidate" means a candidate who is

seeking election to the Supreme Court of Appeals and is attempting

to be certified in accordance with section ten of this article to

receive public campaign financing from the fund.

     (12) "Person" means an individual, partnership, committee,

association and any other organization or group of individuals.

     (13) "Qualifying contribution" means a contribution received

from a West Virginia registered voter of not less than $1 nor more

than $100 in the form of cash, check or money order, made payable

to a participating candidate or the candidate's committee, or in

the form of an electronic payment or debit or credit card payment,

received during the qualifying period.

     (14) "Qualifying period" means the period during which

participating candidates may raise and spend qualifying

contributions in order to qualify to receive public campaign

financing.

     For candidates seeking to be placed on the nonpartisan

judicial election ballot, the qualifying period begins on September

1 preceding the election year and ends on the last Saturday in

January of the election year.







WVC 3 - 12 - 4

§3-12-4. Alternative public campaign financing option.

     This article establishes an alternative public campaign

financing option available to candidates for election to the office

of Justice of the West Virginia Supreme Court of Appeals.

Candidates electing the alternative public campaign financing

option shall comply with all other applicable election and campaign

laws and rules.







WVC 3 - 12 - 5

§3-12-5. Supreme Court of Appeals Public Campaign Financing Fund.

There is established within the State Treasury a special

revenue fund to be known as the "Supreme Court of Appeals Public

Campaign Financing Fund" for the dual purpose of providing public

financing for the election campaigns of certified candidates under

the provisions of this article and of paying the administrative and

enforcement costs of the Secretary of State and State Election

Commission related to this article. All moneys collected under the

provisions of this article shall be deposited in the fund, which

shall be administered by the State Election Commission. Funds may

also be accepted from any gift, grant, bequest, endowment fund or

donation which may be received by the State Election Commission

from any person, firm, foundation or corporation. Any balance,

including accrued interest or other earnings in the fund at the end

of any fiscal year do not revert to the General Revenue Fund, but

shall remain in the fund. Expenditures may be made from the fund

only for the purposes set forth in this article and in accordance

with the provisions of article three, chapter twelve of this code

and upon fulfillment of the provisions of article two, chapter

eleven-b of this code.



WVC 3 - 12 - 6

§3-12-6. Sources of revenue for the fund.

     Revenue from the following sources shall be deposited in the

fund:

     (1) All exploratory and qualifying contributions in excess of

the established maximums;

     (2) Money returned by participating or certified candidates

who fail to comply with this article;

     (3) Unspent or unobligated moneys allotted to certified

candidates and remaining unspent or unobligated on the date of the

nonpartisan judicial election for which the money was distributed;

     (4) If a certified candidate loses, all remaining unspent or

unobligated moneys;

     (5) Civil penalties levied by the State Election Commission

against candidates for violations of this article;

     (6) Civil penalties levied by the Secretary of State pursuant

to section seven, article eight of this chapter;

     (7) Voluntary donations made directly to the fund;

     (8) Any interest income or other return earned on the money's

investment;

     (9) On or before July 1, 2010, and for two successive years

thereafter, the State Auditor shall authorize the transfer of the

amount of $1 million from the Purchasing Card Administration Fund

established in section ten-d, article three, chapter twelve of this

code to the fund created by this article;

     (10) On or before July 1, 2015, the state Auditor shall authorize the transfer of the amount of $400,000 from the

Purchasing Card Administration Fund established in section ten-d,

article three, chapter twelve of this code to the fund created by

this article; and

     (11) Money appropriated to the fund.







WVC 3 - 12 - 7

§3-12-7. Declaration of intent.

     A candidate desiring to receive campaign financing from the

fund shall first file a declaration of intent before the end of the

qualifying period and prior to collecting any qualifying

contributions. The declaration shall be on a form prescribed by

the State Election Commission and shall contain a statement that

the candidate is qualified to be placed on the ballot, and, if

elected, to hold the office sought and has complied with and will

continue to comply with all requirements of this article, including

contribution and expenditure restrictions. A candidate may not

collect exploratory contributions after filing the declaration of

intent. Contributions made prior to the filing of the declaration

of intent are not qualifying contributions. Any contributions

received by a candidate during any precandidacy period which

preceded the exploratory period which remain unexpended at the time

of the declaration of intent shall be considered exploratory funds

and subject to the limits and provisions of section eight of this

article.







WVC 3 - 12 - 8

§3-12-8. Exploratory period; contributions; expenditures.

(a) A participating candidate or his or her committee may not

accept, spend or obligate exploratory contributions exceeding

$20,000 in the aggregate, during the exploratory period. At the

time the participating candidate formally declares his or her

intent to qualify for public campaign financing, in accordance with

section five of this article, any unexpended or undedicated

contributions received during any precandidacy period which

preceded the exploratory period shall be deemed to be exploratory

contributions for that candidate. The maximum individual

exploratory contribution which may be accepted from any person

including immediate family members is $1,000. A participating

candidate may loan, contribute or obligate up to $1,000 of his or

her own money for exploratory purposes. Any exploratory

contributions received by the participating candidate in excess of

$20,000 in the aggregate shall be sent to the Election Commission

for deposit in the fund.

(b) Each exploratory contribution shall be acknowledged by a

written receipt. Receipts for exploratory contributions of $250 or

more during an election cycle shall include the contributor's name,

residence and mailing address, business affiliation and occupation.

Receipts for exploratory contributions of less than $250 shall

include the contributor's name and the amount of the contribution,

and otherwise comport with the disclosure and reporting

requirements of section five-a, article eight of this chapter.

(c) An exploratory contribution from one person may not be

made in the name of another person.

(d) At the beginning of each month a participating or

certified candidate or his or her financial agent shall report all

exploratory 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 exploratory

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 exploratory

contributions shall be used in accordance with articles eight and

twelve of this chapter.



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.







WVC 3 - 12 - 10

§3-12-10. Certification of candidates.

     (a) To be certified, a participating candidate shall apply to

the State Election Commission for public campaign financing from

the fund and file a sworn statement that he or she has complied and

will comply with all requirements of this article throughout the

applicable campaign.

     (b) Upon receipt of a notice from the Secretary of State that

a participating candidate has received the required number and

amount of qualifying contributions, the State Election Commission

shall determine whether the candidate or candidate's committee:

     (1) Has signed and filed a declaration of intent as required

by section seven of this article;

     (2) Has obtained the required number and amount of qualifying

contributions as required by section nine of this article;

     (3) Has complied with the contribution restrictions of this

article;

     (4) Is eligible, as provided in section nine, article five of

this chapter, to appear on the nonpartisan judicial election

ballot; and

     (5) Has met all other requirements of this article.

     (c) The State Election Commission shall process applications

in the order they are received and shall verify a participating

candidate's compliance with the requirements of subsection (b) of

this section by using the verification and sampling techniques

approved by the State Election Commission.

     (d) The State Election Commission shall determine whether to

certify a participating candidate as eligible to receive public

campaign financing no later than three business days after the

candidate or the candidate's committee makes his or her final

report of qualifying contributions or, if a challenge is filed

under subsection (g) of this section, no later than six business

days after the candidate or the candidate's committee makes his or

her final report of qualifying contributions. A certified

candidate shall comply with this article through the nonpartisan

judicial election campaign period.

     (e) No later than two business days after the State Election

Commission certifies that a participating candidate is eligible to

receive public campaign financing under this section, the State

Election Commission, acting in concert with the State Auditor's

office and the State Treasurer's office, shall cause a check to be

issued to the candidate's campaign depository account an amount

equal to the public campaign financing benefit for which the

candidate qualifies under section eleven of this article, minus the

candidate's qualifying contributions, and shall notify all other

candidates for the same office of its determination.

     (f) If the candidate desires to receive public financing

benefits by electronic transfer, the candidate shall include in his

or her application sufficient information and authorization for the

State Treasurer to transfer payments to his or her campaign

depository account.

     (g) Any person may challenge the validity of any contribution

listed by a participating candidate by filing a written challenge

with the State Election Commission setting forth any reason why the

contribution should not be accepted as a qualifying contribution.

If a contribution is challenged under this subsection, the State

Election Commission shall decide the validity of the challenge no

later than the end of the next business day after the day that the

challenge is filed, unless the State Election Commission determines

that the candidate whose contribution is challenged has both a

sufficient qualifying number and amount of qualifying contributions

to be certified as a candidate under this section without

considering the challenge. Within five business days of a

challenge, the candidate or candidate's committee who listed any

contribution that is the subject of a challenge may file a report

with the State Election Commission of an additional contribution

collected pursuant to section nine of this article for

consideration as a qualifying contribution.

     (h) A candidate's certification and receipt of public campaign

financing may be revoked by the State Election Commission, if the

candidate violates this article. A certified candidate who violates

this article shall repay all moneys received from the fund to the

State Election Commission.

     (i) The determination of any issue before the State Election

Commission is the final administrative determination. Any meetings

conducted by the State Elections Commission to certify a candidate's eligibility to receive funds under this article shall

not be subject the public notice and open meeting requirements of

article nine-a, chapter six of this code, but the commission shall

concurrently provide public notice of any decision and

determination it makes which impacts the candidate's eligibility to

receive funds pursuant to this article. Any person adversely

affected by a decision of the State Election Commission under this

article may appeal that decision to the circuit court of Kanawha

County.

     (j) A candidate may withdraw from being a certified candidate

and become a nonparticipating candidate at any time with the

approval of the State Election Commission. Any candidate seeking to

withdraw shall file a written request with the State Election

Commission, which shall consider requests on a case-by-case basis.

No certified candidate may withdraw until he or she has repaid all

moneys received from the fund: Provided, That the State Election

Commission may, in exceptional circumstances, waive the repayment

requirement. The State Election Commission may assess a penalty not

to exceed $10,000 against any candidate who withdraws without

approval.







WVC 3 - 12 - 11



§3-12-11. Schedule and amount of Supreme Court of Appeals Public

Campaign Financing Fund payments.

     (a) The State Election Commission, acting in concert with the

State Auditor's office and the State Treasurer's office, shall have

a check issued within two business days after the date on which the

candidate is certified, to make payments from the fund for the

nonpartisan judicial election campaign period available to a

certified candidate.

     In a contested nonpartisan judicial election, a certified

candidate shall receive $525,000 in campaign financing from the

fund, minus the certified candidate's qualifying contributions.

     (b) The State Election Commission shall authorize the

distribution of campaign financing moneys to certified candidates

in equal amounts. The commission shall propose a legislative rule

on distribution of funds.

     (c) The State Election Commission may not authorize or direct

the distribution of moneys to certified candidates in excess of the

total amount of money deposited in the fund pursuant to section six

of this article. If the commission determines that the money in

the fund is insufficient to totally fund all certified candidates,

the commission shall authorize the distribution of the remaining

money proportionally, according to each candidate's eligibility for

funding. Each candidate may raise additional money in the same

manner as a nonparticipating candidate for the same office up to

the unfunded amount of the candidate's eligible funding.







WVC 3 - 12 - 12

§3-12-12. Restrictions on contributions and expenditures.

     (a) A certified candidate or his or her committee may not

accept loans or contributions from any private source, including

the personal funds of the candidate and the candidate's immediate

family, during the nonpartisan judicial election campaign period

except as permitted by this article.

     (b) After filing the declaration of intent and during the

qualifying period, a participating candidate may not spend or

obligate more than he or she has collected in exploratory and

qualifying contributions. After the qualifying period and through

the nonpartisan judicial election campaign period, a certified

candidate may spend or obligate any unspent exploratory or

qualifying contributions and the moneys he or she receives from the

fund under the provisions of section eleven of this article.

     (c) A participating or certified candidate may expend

exploratory and qualifying contributions and funds received from

the fund only for lawful election expenses as provided in section

nine, article eight of this chapter. Moneys distributed to a

certified candidate from the fund may be expended only during the

nonpartisan judicial election campaign period for which funds were

dispersed. Money from the fund may not be used:

     (1) In violation of the law;

     (2) To repay any personal, family or business loans,

expenditures or debts; or

     (3) To help any other candidate.

     (d) A certified candidate or his or her committee shall return

to the fund any unspent and unobligated exploratory contributions,

qualifying contributions or moneys received from the fund within

forty-eight hours after the date on which the candidate ceases to

be certified.

     (e) A certified candidate or his or her committee shall return

to the fund any unspent or unobligated public campaign financing

funds no later than five business days after the nonpartisan

judicial election.

     (f) A contribution from one person may not be made in the name

of another person.

     (g) A participating or certified candidate or his or her

committee receiving qualifying contributions or exploratory

contributions from a person not listed on the receipt required by

sections eight and nine of this article is liable to the State

Election Commission for the entire amount of that contribution and

any applicable penalties.

     (h) A certified candidate accepting any benefits under the

provisions of this article shall continue to comply with all of its

provisions throughout the nonpartisan judicial election campaign

period.

     (i) A participating or certified candidate or his or her

financial agent shall provide the Secretary of State with all

requested campaign records, including all records of exploratory

and qualifying contributions received and campaign expenditures and obligations, and shall fully cooperate with any audit of campaign

finances requested or authorized by the State Election Commission.







WVC 3 - 12 - 13

§3-12-13. Reporting requirements.

     (a) Participating candidates and certified candidates shall

comply with this section in addition to any other reporting

required by this chapter.

     (b) During the exploratory and qualifying periods, a

participating candidate or his or her financial agent shall submit,

on the first of each month, a report of all exploratory and

qualifying contributions along with their receipts and an

accounting of all expenditures and obligations received during the

immediately preceding month. The reports shall be on forms or in

a format prescribed by 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.

     (c) No later than two business days after the close of the

qualifying period, a participating candidate or his or her

financial agent shall report to the Secretary of State on

appropriate forms a summary of:

     (1) All exploratory contributions received and funds expended

or obligated during the exploratory period together with copies of

any receipts not previously submitted for exploratory

contributions; and

     (2) All qualifying contributions received and funds expended

or obligated during the qualifying period together with copies of

any receipts not previously submitted for qualifying contributions.

     (d) A certified candidate or his or her financial agent shall

file periodic financial statements in accordance with section five,

article eight of this chapter, detailing all funds received,

expended or obligated during the specified periods. The reports

shall be on forms approved by the Secretary of State.







WVC 3 - 12 - 14



§3-12-14. Duties of the State Election Commission; Secretary of

State.

     (a) In addition to its other duties, the State Election

Commission shall carry out the duties of this article and complete

the following as applicable:

     (1) Prescribe forms for reports, statements, notices and other

documents required by this article;

     (2) Make an annual report to the Legislature accounting for

moneys in the fund, describing the State Election Commission's

activities and listing any recommendations for changes of law,

administration or funding amounts;

     (3) Propose emergency and legislative rules for legislative

approval, in accordance with article three, chapter twenty-nine-a

of this code, as may be necessary for the proper administration of

this article;

     (4) Enforce this article to ensure that moneys from the fund

are placed in candidate campaign accounts and spent as specified in

this article;

     (5) Monitor reports filed pursuant to this article and the

financial records of candidates to ensure that qualified candidates

receive funds promptly and to ensure that moneys required by this

article to be paid to the fund are deposited in the fund;

     (6) Cause an audit of the fund to be conducted by independent

certified public accountants ninety days after a nonpartisan

judicial election. The State Election Commission shall cooperate with the audit, provide all necessary documentation and financial

records to those persons conducting the audit and shall maintain a

record of all information supplied by the audit;

     (7) In consultation with the State Treasurer and the State

Auditor, develop a rapid, reliable method of conveying funds to

certified candidates. In all cases, the commission shall

distribute funds to certified candidates in a manner that is

expeditious, ensures accountability and safeguards the integrity of

the fund;

     (8) Regularly monitor the receipts, disbursements, obligations

and balance in the fund to determine whether the fund will have

sufficient moneys to meet its obligations and sufficient moneys

available for disbursement during the nonpartisan judicial election

campaign period; and

     (9) Transfer a portion of moneys maintained in the fund to the

West Virginia Investment Management Board for their supervised

investment, after consultation with the State Treasurer, the State

Auditor and the West Virginia Investment Management Board.

     (b) In addition to his or her other duties, the Secretary of

State shall carry out the duties of this article and complete the

following as applicable:

     (1) Prescribe forms for reports, statements, notices and other

documents required by this article;

     (2) Prepare and publish information about this article and

provide it to potential candidates and citizens of this state;

     (3) Prepare and publish instructions setting forth methods of

bookkeeping and preservation of records to facilitate compliance

with this article and to explain the duties of candidates and

others participating in elections under this article;

     (4) Propose emergency and legislative rules for legislative

approval in accordance with article three, chapter twenty-nine-a of

this code as may be necessary for the proper administration of this

article;

     (5) Enforce this article to ensure that moneys from the fund

are placed in candidate campaign accounts and spent as specified in

this article;

     (6) Monitor reports filed pursuant to this article and the

financial records of candidates to ensure that qualified candidates

receive funds promptly and to ensure that moneys required by this

article to be paid to the fund are deposited in the fund;

     (7) Ensure public access to the campaign finance reports

required pursuant to this article, and whenever possible, use

electronic means for the reporting, storing and display of the

information; and

     (8) Prepare a voters' guide for the general public listing the

names of each candidate seeking election to the Supreme Court of

Appeals. Both certified and nonparticipating candidates shall be

invited by the State Election Commission to submit a statement, not

to exceed five hundred words in length, for inclusion in the guide.

The guide shall identify the candidates that are certified candidates and the candidates that are nonparticipating candidates.

Copies of the guide shall be posted on the website of the Secretary

of State, as soon as may be practical.

     (c) To fulfill their responsibilities under this article, the

State Election Commission and the Secretary of State may subpoena

witnesses, compel their attendance and testimony, administer oaths

and affirmations, take evidence and require, by subpoena, the

production of any books, papers, records or other items material to

the performance of their duties or the exercise of their powers.

     (d) The State Election Commission may also propose and adopt

procedural rules to carry out the purposes and provisions of this

article and to govern procedures of the State Election Commission

as it relates to the requirements of this article.







WVC 3 - 12 - 15

§3-12-15. Criminal penalties.

(a) A participating or certified candidate who, either

personally or through his or her committee, knowingly accepts

contributions or benefits in excess of those allowed under this

article, spends or obligates funds in excess of the public campaign

financing funding to which he or she is entitled or uses the

benefits or funding for a purpose other than those permitted under

this article is guilty of a misdemeanor and, upon conviction

thereof, shall be fined not less than $50 nor more than $500, or

confined in jail for up to thirty days or both.

(b) A participating or certified candidate who, either

personally or through his or her committee or financial agent,

provides false information to, or conceals or withholds information

from, the State Election Commission or the Secretary of State is

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

fined not less than $1,000 nor more than $10,000, or confined in

jail for up to one year or both.



WVC 3 - 12 - 16

§3-12-16. Civil penalties.

     (a) If a participating or certified candidate or his or her

committee or financial agent unintentionally accepts contributions

from a private source in violation of this article or spends or

obligates to spend more than the amount of public financing money

he or she is eligible to receive from the fund pursuant to section

eleven of this article, the State Election Commission may order the

candidate to pay to the State Election Commission an amount equal

to the amount of the contribution, expenditure or obligation.

     (b) If a participating or certified candidate or his or her

committee or financial agent intentionally accepts contributions

from a private source in violation of this article or spends or

obligates more than the amount of public campaign financing he or

she is eligible to receive from the fund, the State Election

Commission shall order the candidate to pay to the State Election

Commission an amount equal to ten times the amount of the

contribution, expenditure or obligation. The candidate shall pay

the civil penalty authorized under this subsection within seven

days of receipt of written notice from the State Election

Commission of the imposition of the penalty.

     (c) If a participating or certified candidate fails to pay any

moneys required to be paid to the State Election Commission or

returned to the fund under this article, the State Election

Commission may order the candidate to pay an amount equal to three

times the amount that should have been paid to the State Election Commission or returned to the fund.

     (d) In addition to any other penalties imposed by law, the

State Election Commission may impose a civil penalty for a

violation by or on behalf of any candidate of any reporting

requirement imposed by this article in the amount of $100 a day.

     (e) All penalties collected by the State Election Commission

pursuant to this section shall be deposited into the fund. The

candidate and the candidate's campaign account are jointly and

severally responsible for the payment of any penalty imposed

pursuant to this section.







WVC 3 - 12 - 17

§3-12-17.

     Repealed.

Acts, 2013 Reg. Sess., Ch. 70.





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.