H. B. 3036
(By Delegate Keener)
[Introduced March 28, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section five, article eight, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to increasing time for the
filing requirements of accounts and financial statements of
political candidates between such transactions from five years
to a period of ten years.
Be it enacted by the Legislature of West Virginia:
That section five, article eight, chapter three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-5. Detailed accounts and verified financial statements
required.
(a) Every candidate, financial agent, person and association
of persons, organization of any kind, including every corporation, directly or indirectly, 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 said that section and also including the treasurer or
equivalent officer of such the association or organization,
advocating or opposing the nomination, election or defeat of any
candidate or the passage or defeat of any issue, thing or item to
be voted upon, and the treasurer of every political party 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 such the candidate, financial agent,
person, association or organization or committee, for political
purposes, or by any of the officers or members of such 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 in this section a detailed itemized
statement, subscribed and sworn to before an officer authorized to
administer oaths, according to the following provisions and times:
(1) On the last Saturday in March or within fifteen days
thereafter next preceding the primary election day whenever the
total of all financial transactions relating to an election exceed five hundred dollars a statement which shall include all financial
transactions which have taken place by the date of that statement,
subsequent to any previous statement filed within the previous five
ten years under this section, or if no previous statement was
filed, all financial transactions made within the preceding five
ten years; and
(2) Not less than seven nor more than ten days preceding each
primary or other election, a statement which shall include all
financial transactions which have taken place by the date of such
the statement, subsequent to the previous statement, if any; and
(3) Not less than twenty-five nor more than thirty days after
each primary or other election, a statement which shall include all
financial transactions which have taken place by the date of such
the statement, subsequent to the previous statement; and
(4) On the first day of July, one thousand nine hundred
eighty-five, and thereafter on the last Saturday in March or within
fifteen days thereafter annually, whenever contributions or
expenditures relating to an election exceed five hundred dollars or
whenever any loans are outstanding, a statement which shall include
all financial transactions which have taken place by the date of
such the report, subsequent to any previous report; and
(5) On the last Saturday in September or within fifteen days
thereafter next preceding the general election day whenever the
total of all financial transactions relating to an election exceed five hundred dollars or whenever any loans are outstanding, a
statement which shall include all financial transactions which have
taken place by the date of such the statement, subsequent to the
previous statement.
(c) Every person who shall announce 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 such that
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 or to
promote the passage or defeat of any issue, thing or item to be
voted on.
(e) (1) Except as provided in subdivision (2) of this
subsection, any person, association, organization, corporation or
other legal entity who publishes, distributes or disseminates any
scorecard, voter guide or other written analysis of a candidate's
position or votes on specific issues within sixty days of an
election is presumed to be engaging in such the activity for the
purpose of advocating or opposing the nomination, election or
defeat of any candidate.
(2) The provisions of subdivision (1) of this subsection shall
may not apply to:
(A) The publication, distribution or dissemination of such
materials in the form of a news release to broadcast or print
media;
(B) Persons who engage in news or feature reporting activities
and editorial comment as working members of the press, radio or
television, and persons who publish, distribute or disseminate such
news, features or editorial comment through a newspaper, book,
regularly published periodical, radio station or television
station;
(C) The members of a nonprofit corporation or other
organization who have such membership in accordance with the
provisions of the articles of incorporation, bylaws or other
instruments creating its form of organization and who have bona
fide rights and privileges in the organization such as the right to
vote, to elect officers, directors and issues, to hold office or
otherwise as ordinarily conferred on members of such these
organizations who publish, distribute or disseminate materials
described in subdivision (1) of this subsection to other such
members; or
(D) The employees of a church or synagogue which currently
holds or is eligible to hold an exemption as a church issued by the
internal revenue service under the provisions of §26 U.S.C. 501(c) (3) who publish, distribute or disseminate materials described in
subdivision (1) of this subsection within the membership of the
church or synagogue or upon the premises of any facility owned or
controlled by the church or synagogue: Provided, That the
exemption from the presumption provided by this subparagraph shall
may not apply to such employees of a church when the church or
synagogue otherwise advocates or opposes the nomination, election
or defeat of any candidate, or the passage of any issue, thing or
item to be voted upon.
(f) No scorecard, voter guide or other written analysis of a
candidate's position or votes on specific issues shall may be
published, distributed or disseminated within sixty days of an
election unless it shall state states thereon the name of the
person, association, organization, corporation or other legal
entity authorizing its publication, distribution or dissemination.
NOTE: The purpose of this bill is to
increase the time for
the filing requirements of accounts and financial statements of
political candidates between such transactions from five years to
a period of ten years.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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