H. B. 2514


(By Delegate McKinley)
[Introduced March 9, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend article eight, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-g, relating to election campaigns generally; requiring reporting of independent expenditures and volunteer contributions; and providing a penalty.

Be it enacted by the Legislature of West Virginia:
That article eight, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five- g, to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.

§3-8-5g. Independent expenditures and volunteer contributions; reporting; independent expenditures by political action committees prohibited.

Every person, group or organization, making an independent expenditure or providing in kind services including organizedactivities 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 which include the names of any volunteers or paid persons and their affiliated organizations 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 person, group or organization violating the provisions of this section or failing to file the required reports required in section five of this article, is guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount equal to the amount of money expended which was not reported or one thousand dollars, whichever is higher.
Any advertisement which is an independent expenditure shall include 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.



NOTE: The purpose of this bill is to require full disclosure of independent expenditures in election campaigns.

This section is new; therefore, strike-throughs and underscoring have been omitted.