H. B. 3085
(By Delegates Canterbury, Campbell,
Ashley, Shaver, Evans, L. Smith and Ellem)
[Introduced March 29, 2001; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section five-b, article eight, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to requiring the secretary of
state to develop and implement a system of using the internet
for the filing of campaign financial statements with the
secretary of state, including those required to be filed with
clerks of county commissions.
Be it enacted by the Legislature of West Virginia:
That section five-b, 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.
§3-8-5b. Where financial statements shall be filed; filing date
prescribed.
(a) Except as provided in subsection (e) of this section, the sworn financial statements provided for in this article shall be
filed, by or on behalf of candidates, with the secretary of state
for legislative offices and for state and other offices to be
nominated or elected by the voters of a political division greater
than a county, and with the clerk of the county commission by all
other candidates for offices to be nominated or elected.
(b) The statements may be filed by mail, in person, or by
facsimile or other electronic means of transmission.
(c) 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 the office.
(d) 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 forty-five days from the
date the financial statement was filed.
(e)(1) Notwithstanding any other provision of this section, or
other provision of this code, before the first day of January, two
thousand two, the secretary of state shall develop and implement a
system, in which all financial statements required to be filed by this article, including those required to be filed with clerks of
county commissions, may be filed with the secretary of state,
electronically using the internet.
(2) The system shall, at a minimum:
(A) Include a method for each filing to include an encrypted
electronic signature;
(B) Require in lieu of the requirement that the statements be
subscribed and sworn to before an officer authorized to administer
oaths
:
(1) That prior to an individual filing a statement using the
internet, the individual submit a written statement
subscribed and
sworn to before an officer authorized to administer oaths
that all
statements to be filed by the individual using the internet
relating to an election will be true and correct; and
(2) If all previously required statements have been filed,
that for the final statement filed by the individual for an
election, the individual submit a written statement
subscribed and
sworn to before an officer authorized to administer oaths
that the
final and all previous statements filed by the individual using the
internet relating to the election are true and correct;
(C) A procedure for revoking the privilege to file using the
internet for failure to file timely, complete and accurate
statements; and
(D) Provide that once a statement is filed using the internet, it be immediately viewable by individuals accessing the secretary
of state's web site.
NOTE: The purpose of this bill is to allow real-time campaign
finance filing and disclosure through the Internet.
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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