H. B. 4313
(By Delegates Doyle, Campbell, Guthrie,
Wells, Manchin, T. Walker, Longstreth, Michael,
Overington, Duke and Perdue)
[Introduced February 3, 2010; referred to the
Committee on the Judiciary.]
BILL to amend and reenact §3-8-2
of the Code of West Virginia,
1931, as amended, relating to elections; and providing that
parties advocating passage or defeat of a public question by
referendum vote are subject to reporting requirements of
article eight, chapter three of said code.
Be it enacted by the Legislature of West Virginia:
That §3-8-2 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-2. Accounts for receipts and expenditures in elections;
requirements for reporting independent expenditures.
(a) Except for: (1) Candidates for party committeeman and
committeewoman; and (2) federal committees required to file under
the provisions of 2 U.S.C. §434, all candidates for nomination or
election and all persons supporting, aiding or opposing the
nomination, election or defeat of any candidate shall keep for a
period of six months records of receipts and expenditures which are made for political purposes. All of the receipts and expenditures
are subject to regulation by the provisions of this article.
Verified financial statements of the records and expenditures shall
be made and filed as public records by all candidates and by their
financial agents, representatives or any person acting for and on
behalf of any candidate and by the treasurers of all political
party committees.
(b) In addition to any other reporting required by the
provisions of this chapter, any person making an independent
expenditure in the amount of $1,000 or more for any statewide,
legislative or multicounty judicial candidate or in the amount of
$500 or more for any county office, single-county judicial
candidate, committee supporting or opposing a candidate on the
ballot in more than one county, or any municipal candidate on a
municipal election ballot, on or after the fifteenth day but more
than twelve hours before the day of any election shall report the
expenditure, on a form prescribed by the Secretary of State, within
twenty-four hours after the expenditure is made or debt is incurred
for a communication, to the Secretary of State by hand-delivery,
facsimile or other means to assure receipt by the Secretary of
State within the twenty-four hour period: Provided, That a person
making expenditures in the amount of $1,000 or more for any
statewide or legislative candidate on or after the fifteenth day
but more than twelve hours before the day of any election shall
report such expenditures in accordance with section two-b of this article and shall not file an additional report as provided herein.
(c) Any independent expenditure must include a clear and
conspicuous public notice which identifies the name of the person
who paid for the expenditure and states that the communication is
not authorized by the candidate or his or her committee.
(d) Any person who has spent a total of $5,000 or more for the
direct costs of purchasing, producing or disseminating
electioneering communications during any calendar year shall
maintain all financial records and receipts related to such
expenditure for a period of six months following the filing of a
disclosure pursuant to subsection (a) of this section and, upon
request, shall make such records and receipts available to the
Secretary of State or county clerk for the purpose of an audit as
provided in section seven of this article.
(e) In addition to any other reporting required by the
provisions of this chapter, all parties advocating passage or
defeat of a public question by referendum vote are subject to the
same reporting requirements as candidates for office under the
provisions this article.
(e)(f) Any person who willfully fails to comply with this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $500, or confined in jail for not more
than one year, or both fined and confined.
NOTE: The purpose of this bill is to provide that parties
advocating passage or defeat of a public question by referendum
vote are subject to reporting requirements of article eight,
chapter three of the code.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.