H. B. 2462


(By Delegates Brown, Manuel, Douglas, Compton, Petersen and Doyle)
[Introduced March 4, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section eight, article five, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article eight of said chapter three by adding thereto a new section, designated section two-a; to amend and reenact sections five, five-a, five-b, five-f and seven of said article eight; to further amend said article eight by adding thereto two new sections, designated sections five-g and eight-a; and to further amend said chapter three by adding thereto a new article, designated article eight-a, all relating to elections generally; election campaigns; filing fees; increasing certain filing fees; providing for reduced filing fees for certain candidates signing a fair campaign practices statement; providing for fines for exceeding certain expenditure limitations; requiring inaugural committees to report receipts and expenditures; providing
for waiver of reporting of financial activities under five hundred dollars; requiring an additional financial report; requiring certain minimal information about contributors of more than one hundred dollars; requiring candidates for member of the House of Delegates and the state Senate to file financial statements with the secretary of state and certain county clerks; limiting recovery of loaned money; requiring reports by persons and organizations making independent expenditures; requiring disclosure statements; providing a penalty for failing to file or filing grossly inaccurate disclosure statements; and establishing a volunteer code of fair campaign practices.
Be it enacted by the Legislature of West Virginia:
That section eight, article five, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that article eight of said chapter be amended by adding thereto a new section, designated section two-a; that sections five, five-a, five-b, five-f and seven of said article eight be amended and reenacted; that said article eight be further amended by adding thereto two new sections, designated sections five-g and eight-a; and to further amend said chapter three by adding thereto a new article, designated article eight-a, all to read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.

§3-5-8. Filing fees and their disposition; penalties.

Every person who becomes a candidate for nomination for orelection to office in any primary election, shall, at the time of filing the certificate of announcement as required in this article, pay a filing fee as follows:
(a) A candidate for president of the United States and for vice-president of the United States for United States Senator, for member of the United States house of representatives, for governor and for all other statewide offices shall pay a fee equivalent to one percent of the annual salary of the office for which the candidate announces;
(b) A candidate for United States senator, for member of the United States house of representatives, for governor and for all other state elective offices shall pay a fee equivalent to three percent of the annual salary of the office for which the candidate announces;
In lieu of the requirements of subdivision (b) of this article, a candidate for United States senator, for member of the United States house of representatives, for governor and for all other state elective offices shall pay a fee equivalent to one percent of the annual salary of the office for which the candidate announces: Provided, That such candidate signs the code of fair campaign practices as provided in section three, article eight-a of this chapter.
(b) (c) A candidate for the office of judge of a circuit court and judge of any court of record of limited jurisdiction shall pay a fee equivalent to one three percent of the total annual salary of the office paid from any and all sources forwhich the candidate announces;
In lieu of the requirements of subdivision (c) of this section, a candidate for the office of judge of a circuit court and judge of any court of record of limited jurisdiction shall pay a fee equivalent to one percent of the total annual salary of the office paid from any and all sources for which the candidate announces: Provided, That such candidate signs the code of fair campaign practices as provided in section three, article eight-a of this chapter.
(c) (d) A candidate for member of the House of Delegates shall pay a fee of thirty-three ninety-nine dollars, and a candidate for state senator shall pay a fee of sixty-six one hundred ninety-four dollars;
In lieu of the requirements of subdivision (d) of this section, a candidate for member of the House of Delegates shall pay a fee of thirty-three dollars, and a candidate for state senator shall pay a fee of sixty-six dollars: Provided, That such candidate signs the code of fair campaign practices as provided in section three, article eight-a of this chapter.
(e) A candidate who signs the code of fair campaign practices as provided in section three, article eight-a of this chapter and subsequently pays the lower filing fee as provided in subdivisions (b), (c) and (d) of this section, but who exceeds the appropriate limits as provided in such statement shall pay a fine to the appropriate filing officer of three times the amount by which the candidate exceeds the appropriate expenditurelimits.
(d) (f) A candidate for sheriff, prosecuting attorney, circuit clerk, county clerk, assessor, member of the county court commission and member of the county board of education shall pay a fee equivalent to one percent of the annual salary of the office for which the candidate announces: Provided, That the fee in no case shall be less than five dollars. A candidate for any other county office shall pay a fee of five dollars;
(e) (g) A candidate for justice of the peace magistrate in districts having a population of five thousand or less shall pay a fee of ten dollars; in districts having a population of more than five thousand and not more than twenty-five thousand, fifteen dollars; and in districts having more than twenty-five thousand population, each candidate shall pay a fee of twenty- five dollars;
(f) A candidate for constable in districts having a population of five thousand or less shall pay a fee of five dollars; in districts having a population of more than five thousand and not more than twenty-five thousand, ten dollars; and in all other districts fifteen dollars;
(g) (h) Delegates to the national convention of any political party shall pay the following filing fees:
A candidate for delegate-at-large shall pay a fee of twenty dollars; and a candidate for delegate from a congressional district shall pay a fee of ten dollars;
(h) (i) Candidates for members of political executivecommittees and other political committees shall pay the following filing fees:
A candidate for member of a state executive committee of any political party shall pay a fee of ten dollars; a candidate for member of a county executive committee of any political party shall pay a fee of one dollar; and a candidate for member of a congressional, senatorial or delegate district committee of any political party shall pay a fee of one dollar.
Candidates filing for an office to be filled by the voters of one county shall pay the filing fee to the clerk of the circuit court, and candidates filing for an office to be filled by the voters of more than one county shall pay the filing fee to the secretary of state at the time of filing their certificates of announcement, and no certificate of announcement shall be received until the filing fee is paid.
All moneys received by such clerk from such fees shall be credited to the general county fund. Moneys received by the secretary of state from fees paid by candidates for offices to be filled by all the voters of the state shall be deposited in a special fund for that purpose and shall be apportioned and paid by him to the several counties on the basis of population, and that received from candidates from a district or judicial circuit of more than one county shall be apportioned to the counties comprising the district or judicial circuit in like manner. When such moneys are received by sheriffs, it shall be credited to the general county fund.
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.

§3-8-2a. Reporting by inaugural committees.

(a) All inaugural committees shall file and keep records of receipts and expenditures which it makes in support of inauguration activities. All such receipts and expenditures are subject to regulation under the provisions of this article. Verified financial statements of receipts and expenditures shall be made and filed as public records in the office of the secretary of state by all inaugural committees or by their financial agents, representatives, or any person acting for and on behalf of any inauguration activities.
For purposes of this section, "inaugural committee" means one or more persons who receive contributions and make expenditures in support of inauguration activities for any candidate elected to any state, county, city or district office.
(b) All inaugural committees shall file verified financial statements with the secretary of state on forms as prescribed by the secretary of state not more than thirty days after the conclusion of the inauguration of an elected official.
§3-8-5. Detailed accounts and verified financial statements required.

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 inother activities permitted by said section eight of this article and also including the treasurer or equivalent officer of such 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, including all loans of money or things of value, and of all expenditures and disbursements made, liabilities incurred, by such candidate, financial agent, person, association or organization or committee, for political purposes, or by any of the officers or members of such committee, or any person acting under its authority or on its behalf.
Every person or association of persons required to keep detailed accounts under this section shall file with the officers hereinafter prescribed a detailed itemized statement, subscribed and sworn to before an officer authorized to administer oaths, according to the following provisions and times:
(a) 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 years under this section, or if no previous statement was filed, all financial transactions made within thepreceding five years. and If the total level of financial activity does not exceed five hundred dollars, a statement of waiver as prescribed by the secretary of state may be filed in lieu of the required financial statement; and
(b) 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 statement, subsequent to the previous statement, if any; and
(c) 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 statement, subsequent to the previous statement; and
(d) On the first Saturday in October or within ten days thereafter, a statement including all financial transactions which have taken place by that date and subsequent to the next previous statement; and
(d) (e) 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 report, subsequent to any previous report.
Financial transactions shall include all contributions or loans received and all repayments of loans or expenditures made to promote the candidacy of any person by any candidate or anyorganization 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.
Every person who shall announce as a write-in candidate for any elective office and his financial agent or election organization of any kind shall comply with all of the requirements of this section after public announcement of such person's candidacy has been made.
§3-8-5a. Information required in financial statement.

(a) Each financial statement required by the provisions of this article shall contain the following information:
(1) The first name, middle initial, if any, and last name, residence and mailing address and telephone number of each candidate, financial agent, treasurer or person, and the full name, address and telephone number of each association, organization or committee filing a financial statement.
(2) The balance of cash and any other sum of money on hand at the beginning and the end of the period covered by the financial statement.
(3) The first name, middle initial, if any, and the last name in the case of an individual, and the full name of each firm, association or committee, and the amount of such contribution of such individual, firm, association or committee, and, if the aggregate of the sum or sums contributed by any one such individual, firm, association or committee exceeds two hundred fifty one hundred dollars there shall also be reportedthe residence and mailing address, the age of the contributor if the contributor is under the legal voting age and, in the case of an individual, the major business affiliation employer and occupation of each contributor, or if the contributor is self- employed, the name under which he or she is doing business. A contribution totaling more than fifty dollars by any one contributor is prohibited unless it is made by money order or by check, and a violation of this provision is subject to section five-d of this article. As used herein, the term "check" shall have the meaning ascribed to that term in section one hundred four, article three, chapter forty-six of this code.
(4) The total amount of contributions received during the period covered by the financial statement.
(5) The first name, middle initial, if any, and the last name, residence and mailing address of any individual or the full name and mailing address of each firm, association or committee making or cosigning a loan and the amount of any loan received, the date and terms of the loan, including interest and repayment schedule, along with a copy of the loan agreement.
(6) The first name, middle initial, if any, and the last name, residence and mailing address of any individual or the full name and mailing address of each firm, association or committee having previously made or cosigned a loan for which payment is made or a balance is outstanding at the end of the period, together with the amount of repayment on the loan made during the period and the balance at the end of the period.
(7) The total outstanding balance of all loans at the end of the period.
(8) The first name, middle initial, if any, and the last name, residence and mailing address of any individual, or the full name and mailing address of each firm, association or committee to whom each expenditure was made or liability incurred, together with the amount and purpose of each expenditure or liability incurred and the date of each transaction.
(9) The total expenditure for the nomination, election or defeat of a candidate or any person 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, in whose behalf an expenditure was made or a contribution was given for the primary or other election.
(10) The total amount of expenditures made during the period covered by the financial statement.
(b) Any unexpended balance at the time of making the financial statements herein provided for shall be properly accounted for in that financial statement and shall appear as a balance in the next following financial statement.
(c) Each financial statement required by this section shall contain a separate section setting forth the following information for each fund-raising event held during the period covered by the financial statement:
(1) The type of event, date held, and address and name, ifany, of the place where the event was held.
(2) All of the information required by subdivision (3), subsection (a) of this section.
(3) The total of all moneys received at the fund-raising event.
(4) The expenditures incident to the fund-raising event.
(5) The net receipts of the fund-raising event.
(d) When any lump sum payment is made to any advertising agency or other disbursing person who does not file a report of detailed accounts and verified financial statements as required in this section, such lump sum expenditures shall be accounted for in the same manner as provided for herein.
(e) Any contribution or expenditure made by or on behalf of a candidate for public office, to any other candidate, or committee for a candidate for any public office in the same election shall be accounted for in accordance with the provisions of this section.
(f) No person, firm, association or committee may make any contribution except from their own funds, unless such person, firm, association or committee discloses in writing to the person required to report under this section the first name, middle initial, if any, and the last name in the case of an individual, or the full name in case of a firm, association or committee, residence and mailing address and the major business affiliation and occupation of the person, firm, association or committee which furnished the funds to such contributor. All suchdisclosures shall be included in the statement required by this section.
(g) Any firm, association, committee or fund permitted by section eight of this article to be a political committee shall disclose on the financial statement its corporate or other affiliation.
(h) No contribution may be made, directly or indirectly, in a fictitious name, anonymously or by one person through an agent, relative or other person so as to conceal the identity of the source of the contribution or in any other manner so as to effect concealment of the contributor's identity.
(i) No person, firm, association or committee may accept any contribution for the purpose of influencing the nomination, election or defeat of a candidate or for the passage or defeat of any issue or thing to be voted upon unless the identity of the donor and the amount of the contribution is known and reported.
(j) When any candidate, organization, committee or person receives any anonymous contribution which cannot be returned because the donor cannot be identified, that contribution shall be donated to the general revenue fund of the state. Any anonymous contribution shall be recorded as such on the candidate's financial statement, but may not be expended for election expenses. At the time of filing, the financial statement shall include a statement of distribution of anonymous contributions, which total amount shall equal the total of all anonymous contributions received during the period.
(k) Any membership organization which raises funds for political purposes by payroll deduction assessing them as part of its membership dues or as a separate assessment may report the amount raised as follows:
(1) If the portion of dues or assessments designated for political purposes equals twenty-five dollars or less per member over the course of a calendar year, the total amount raised for political purposes through membership dues or assessments during the period is reported by showing the amount required to be paid by each member and the number of members.
(2) If the total payroll deduction for political purposes of each participating member equals twenty-five dollars or less over the course of a calendar or fiscal year, as specified by the organization, the organization shall report the total amount received for political purposes through such payroll deductions during the reporting period, and to the maximum extent possible, the amount of each yearly payroll deduction contribution level and the number of members contributing at each such specified level. The membership organization shall maintain records of the name and yearly payroll deduction amounts of each participating member.
(3) If any member contributes to the membership organization through individual voluntary contributions by means other than payroll deduction, membership dues, or assessments as provided in this subsection, the reporting requirements of subdivision (3), subsection (a) of this section shall apply. Funds raised forpolitical purposes must be segregated from the funds for other purposes and listed in its report.
(l) For purposes of this section:
(1) "Political purposes" means advocating or opposing the nomination, election or defeat of one or more candidates, supporting the retirement of the debt of a candidate or activities of an established political party or an organization which has declared itself a political party, supporting the administration or activities of a political committee or advocating or opposing the passage of a ballot issue.
(2) "Membership organization" means a group that grants bona fide rights and privileges, such as the right to vote, to elect officers or directors, and the ability to hold office, to its members, and which uses a majority of its membership dues for purposes other than political purposes. This term shall not include organizations that grant membership upon receiving a contribution.
(3) "Fund-raising event" means an event such as a dinner, reception, testimonial, cocktail party, auction or similar affair through which contributions are solicited or received by such means as the purchase of a ticket, payment of an attendance fee or by the purchase of goods or services.
§3-8-5b. Where financial statements shall be filed.

(a) The sworn financial statements provided for in sections five and five-a shall be filed with the secretary of state by candidates for state and other offices to be nominated or electedby 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. Candidates for the House of Delegates and candidates for the state Senate shall file sworn financial statements with the secretary of state and with the clerk of the county commission of the candidate's county of residence. Political committees shall file sworn financial statements with the secretary of state and with the clerk of the county commission in which the committee is headquartered. All other candidates for public office shall file statements with the clerk of the county commission in the county in which they seek office.
§3-8-5f. Loans to candidates, organizations or persons for election purposes; limitation on recovery of certain loans.

(a) Every candidate, financial agent, person or association of persons or organization advocating or opposing the nomination or election of any candidate or the passage or defeat of any issue or item to be voted upon, who receives money or any other thing of value as a loan toward election expenses shall execute, in writing, an agreement with the individual, lending institution or organization making the loan. Such The agreement shall state the date and amount of the loan, the terms, including interest and repayment schedule, and a description of the collateral, if any, and the full names and addresses of all parties to the agreement. A copy of the agreement shall be filed with thefinancial statement next required after the loan is executed.
(b)(1) For purposes of this chapter, a loan made to a candidate or a candidate committee is considered a contribution from the maker and the guarantor of the loan;
(2) The proceeds of a loan made to a candidate which meet the requirements of this subdivision are not subject to contribution limits if the loan is:
(A) By a commercial lending institution;
(B) Made in the regular course of business;
(C) Made on the same terms ordinarily available to members of the public; and
(D) One which is secured or guaranteed.
(c) The following limitations apply to the repayment of loans made by a candidate or the candidate's immediate family:
(1) A candidate for governor, or a member of the candidate's immediate family who has made a loan to the candidate's committee shall not recover more than fifty thousand dollars in the aggregate for such loans outstanding after the election.
(2) A candidate for nonfederal state-wide elective office other than governor, or a member of the candidate's immediate family who has made a loan to the candidate's committee shall not recover more than twenty-five thousand dollars in the aggregate for such loans outstanding after the election.
(3) A candidate for office other than those specified above, or a member of the candidate's immediate family who has made a loan to the candidate's committee shall not recover more than tenthousand dollars in the aggregate for such loans outstanding after the election.
(d) A campaign debt incurred on behalf of a candidate or candidate committee shall be considered a loan to the candidate or candidate committee subject to the repayment limitation of this subsection if the credit was extended based upon the personal reputation, standing in the community or wealth of the candidate, of a member of the candidate's immediate family, or of one or more of the members of the candidate's campaign committee.
The balance of debt shall be the responsibility of any cosigner of the note. Any outstanding balance of a loan which is discharged shall be considered a contribution to the candidate.
§3-8-5g. Independent expenditures; reporting.

Every person or organization, making an independent expenditure to advocate or oppose the nomination, election or defeat of any candidate, or the passage or defeat of any issue, thing or item to be voted upon, is required to maintain and file detailed campaign finance and expenditure reports as provided in section five of this article. Every person or organization making an independent expenditure shall include a sworn statement on a form prepared by the secretary of state that the independent expenditure was not made with the cooperation or prior consent of, or in consultation with or at the request or suggestion of, the candidate or any person or committee acting on behalf of the candidate, issue, thing or item to be voted upon.
Any advertisement which is an independent expenditure shallinclude a clear and conspicuous statement that the advertisement is not authorized by the candidate, committee or other person and shall state the name and address of the person or organization making the expenditure.
§3-8-7. Failure to file and grossly inaccurate statements; penalty.

(a) Each candidate, financial agent or treasurer of a candidate committee must file a sworn, itemized statement as in this article provided, within the time required. Such statement shall not be grossly incomplete or inaccurate.
(b) Any candidate, financial agent or treasurer of a candidate committee who is in violation of subsection (a) or who has failed to pay the fines for such violation shall be subject to the following civil penalties, upon a finding by a proper court of law pursuant to subsection (c):
(1) For a first time offense, the fee shall be an amount not less than one hundred dollars nor more than five hundred dollars; and
(2) For the second and any subsequent offense, an amount not less than five hundred dollars nor more than one thousand dollars.
(c) If either the secretary of state or clerk of the county commission determines that a violation of the provisions of subsection (a) has occurred, an action to enjoin such candidate or candidate committee from continuing such violation may be brought in the circuit court of the candidate's county ofresidence, or in the case of a candidate committee, in the treasurer's county of residence.
(d) If found guilty of violating the provisions of subsection (a), the fines shall be paid from the personal funds of the candidate or treasurer of the candidate committee, whichever person is found guilty of violating the provisions of subsection (a).
(e) For purposes of this section, "grossly incomplete or inaccurate" means a statement that is not notarized, or is improperly notarized, lists contributions or expenditures improperly, or does not document loans properly.
(f) All fees collected hereunder by the secretary of state shall be paid to the treasurer of the state and deposited in the general fund. All fees collected hereunder by the clerk of the county commission shall be deposited in the county general revenue fund.
§3-8-8a. Limitation on acceptance of moneys from political action committees.

(a) A candidate for the offices listed below may not accept contributions from political action committees in either the primary or general election in excess of the following:
(1) For governor, not more than forty thousand dollars;
(2) For any other state-wide office, not more than twenty thousand dollars;
(3) For member of the Senate, not more than ten thousand dollars; and
(4) For all other offices, not more than five thousand dollars.
(b) For purposes of this section, "political action committee" means an organization that comes into existence by specific written authorization of the board or directors, or equivalent governing body, of one or more corporation(s) the purpose of which is to solicit funds for, and make expenditures and contributions on behalf of, public issues or political candidates and their agents, political committees or political party committees.
(c) For purposes of this section, "political action committee" does not include:
(1) A candidate committee; or
(2) Any local committee of a political party.
ARTICLE 8A. FAIR CAMPAIGN PRACTICES.

§3-8A-1. Intent of Legislature.

The Legislature hereby declares that the purpose of this article is to give every candidate for public office and every chairperson or treasurer of a political committee in this state the opportunity to subscribe voluntarily to the code of fair campaign practices.
It is the goal and intent of the Legislature that every candidate and person responsible for the activities of a political committee in this state follow the basic principles of decency, honesty and fair play. It is the further intent of the Legislature that candidates for high office have the opportunityto voluntarily limit campaign spending to the reasonable specific amounts contained herein.
The purpose in creating the code of fair campaign practices is to give voters guidelines in determining fair play and to encourage candidates and others to discuss issues instead of untruths or distortions.
§3-8A-2. Definitions.

As used in this article, unless otherwise specified:
(a) "Campaign advertising or communication" means a communication authorized by a candidate or a candidate's committee for the purpose of advocating the nomination, election or defeat of a candidate;
(b) "Candidate for public office" means an individual who has filed a precandidacy statement according to the provisions of section five-e, article eight of this chapter, has qualified to have his or her name listed on the ballot of any election, or who has declared his or her intention to seek nomination or election through a petition or write-in procedure for any state, regional, county, municipal, or district office which is to be filled at an election;
(c) "Chairperson of a political committee" means the person appointed to direct the activities of a committee organized for political purposes, including any candidate's committee, political party committee, corporate political action committee, or independent political action committee;
(d) "Code" means the code of fair campaign practices; and
(e) "Treasurer of a political action committee" means the person designated to act on behalf of a political committee to conduct the financial transactions of the committee.
§3-8A-3. Code of fair campaign practices.

At the time an individual files his or her precandidacy statement, declaration of candidacy, nominating petition, any other paper evidencing an intention to be a candidate for public office, or when an individual files the statement of organization of a political committee, the circuit clerk, county clerk, or secretary of state receiving such filing shall give the individual a copy of the code of fair campaign practices and of the provisions of this article. The form shall state that subscription to the code is voluntary.
The text of the code shall read as follows:
CODE OF FAIR CAMPAIGN PRACTICES

I SHALL CONDUCT this campaign openly and publicly, discussing the issues as I see them, presenting positions and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of candidates or political parties which merit such criticism.
I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life.
I SHALL CONDEMN the use of campaign advertising or communication of any sort which misrepresents, distorts, or otherwise falsifies the facts regarding any candidate or issueraised in my campaign.
I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on race, sex, religion, national origin, physical handicap, physical health status or age.
I SHALL NOT USE OR PERMIT any dishonest or unethical practice which tends to corrupt or undermine our American system of free elections, or which hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, or from voting, or which is intended to affect voting through the buying of influence or votes.
I SHALL NOT COERCE election help or campaign contributions for myself or my committee or for any other candidate or any ballot issue from my employees or from any person under my authority, influence or control.
I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support on behalf of or in opposition to any candidacy deriving from any individual or group which resorts to the methods and tactics which I condemn. I shall accept responsibility to take firm action against any subordinate or associate who violates any provision of this code or the laws governing elections.
I PERSONALLY SUPPORT a limit on campaign expenditures that when reasonable, sufficient and fairly applied, does not limit or restrict the expression of ideas of the candidate or others on behalf of the candidate, but instead challenges individuals to engage in open dialogue on the issues rather than merely topurchase the excessive repetition of images and slogans.
ACCORDINGLY, IF I AM A CANDIDATE for one of the offices listed below, I will, in conjunction with the committee or committees organized on my behalf, adhere to the following limit on campaign spending specified for the office I seek:
PRIMARY GENERAL
U.S. Senate$1,000,000$1,000,000
U.S. House of Representatives$ 333,333$ 333,333
Governor$1,000,000$1,000,000
Constitutional Officers$ 100,000$ 100,000
Supreme Court of Appeals$ 125,000$ 125,000
State Senate$ 25,000$ 25,000
House of Delegates$ 12,500$ 12,500
Circuit Judge$ 40,000$ 40,000
Expenditures which do not exceed the limits designated for the primary election may not be added to the limits for the general election.
I SHALL DEFEND AND UPHOLD the right of every qualified voter to full and equal participation in the electoral process.
AS A PUBLIC OFFICIAL, I PLEDGE to conduct my official duties in the public interest of all people without discrimination against any person, faction or group. Furthermore, as a public official I pledge not to utilize my office personnel or equipment on behalf of any ballot issue or candidate.
I, the undersigned, a candidate for election to public office in the State of West Virginia, or the chairperson of apolitical committee supporting one or more candidates for election, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct this campaign in accordance with the above principles and practices.

Date Signature

Candidate for/Committee Name Address and City
§3-8A-4. Forms.

The secretary of state shall prepare forms containing the code and shall supply the forms to the circuit clerks, county clerks and municipal clerks or recorders in quantities and at times requested by the clerks.
§3-8A-5. Retention of forms; public inspection.

The appropriate officer shall accept, at all times prior to the election, all completed forms. The appropriate officer means the secretary of state for candidates or political committees supporting candidates for office within the state or a district larger than a county, the circuit clerk or county clerk for candidates or political committees supporting candidates for office within a single county, and the municipal recorder or clerk for offices in a municipality.
Forms filed with the circuit clerk shall be immediately forwarded to the county clerk. The county clerk, secretary of state, and municipal recorder or clerk shall retain such forms filed with them for public inspection until one hundred eightydays after the general election.
§3-8A-6. Voluntary subscription to the code.

The subscription to the code provided for in this article is voluntary and in no event shall any person be required to subscribe to or endorse the code.



NOTE: The purpose of this bill is to raise filing fees for candidates for election to office. The bill also lowers filing fees for candidates who adhere to expenditure limits. The bill also requires inaugural committees to report expenditures and contributions and adhere to contribution limits. The bill increases the number of reporting periods for filing of financial statements relating to an election, and provides exceptions for filing. The bill lowers from $250 to $100 the amount contributed which requires reporting of the residence and mailing address and, in the case of an individual, the major employer and occupation of the contributor in financial statements filed in relation to an election. The bill also requires reporting the age of a contributor if the contributor is below the legal voting age, and, if the contributor is self-employed, the name under which he or she is doing business. The bill limits the amount of loaned money that a candidate or a certain entity may recover from a campaign after an election. The bill requires people or organizations making independent expenditures during an election to file a sworn statement that the expenditure is not made in cooperation with, at the request of, or in consultation with a candidate or an organization acting on behalf of a candidate, issue, thing or item to be voted on in an election. This bill requires that political advertisements paid for by independent expenditures include a disclosure statement identifying the source of the funds used to pay for the advertisement. This bill also sets forth fines for candidates to public office who fail to file or who file grossly inaccurate campaign financial statements. This bill limits the amount of contributions a candidate may accept from political action committees. The bill also establishes the code of fair campaign practices, and requires that it be circulated by the secretary of state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

Sections two-a, five-g, eight-a, and article eight-a are new; therefore, strike-throughs and underscoring have beenomitted.

Section seven has been completely rewritten; therefore, strike-throughs and underscoring have been omitted.