H.
B.
2769
(By Delegate Sorah)
[Introduced March 29, 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 eight-a; and to further amend said chapter three by adding thereto a new article, designated article eight-a, all relating to campaign financing generally; limiting the amount of political action committee money which may be received for an election campaign and defining political action committee for that purpose; relating to the code of fair campaign practices; setting forth legislative intent; defining terms; providing for the form of the code of fair campaign practices; providing procedures for appropriate individuals to receive such form; requiring secretary of state to prepare and supply forms; providing where completed forms to be maintained and for what period of time; requiring signed forms to be available for public inspection; and providing that subscription to the code is voluntary.
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 eight-a; and that said chapter three be further amended by adding thereto a new article, designated article eight-a, all to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§
3-8-8a. Limitation on use of political action committee
contributions.
(a) No individual who is a candidate for state or local office may receive and accept more than fifty percent of the value of the maximum disbursement level, as described in the code of fair campaign practices contained in section three, article eight-a of this chapter, from political action committees during any primary and general election campaign.
(b) For purposes of this section, "political action committee" means:
(1) Any committee, club, association, or other group of persons which receives contributions aggregating in excess of one thousand dollars during a calendar year or which makes expenditures aggregating in excess of one thousand dollars during a calendar year; or
(2) Any separate segregated fund established under the provisions of paragraph (C), subdivision (1), subsection (b) section eight, article eight of this chapter.
(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 opportunity to 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 issue raised 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 to purchase 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 a political 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 eighty days 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 limit the use of political action committee contributions and to implement a voluntary code of Fair Campaign Practices which provides for candidates to voluntarily limit campaign spending.
§3-8-8a and §3-8A-1 through and including §3-8A-6 are new; therefore, strike-throughs and underscoring have been omitted.