ENGROSSED

COMMITTEE SUBSTITUTE

FOR

H. B. 4548

(By Mr. Speaker, Mr. Chambers and Delegate Staton)


(Originating in the House Committee on the Judiciary)


[March 2, 1994]


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 three new sections, designated sections one-a, two-a and eight-a; to amend and reenact sections five-a, five-f, and nine of said article eight; and to further amend said chapter by adding thereto a new article, designated article eight-a; all relating to elections generally; raising filing fees for candidates in some instances; relating to the placement and removal of political signs along public rights-of-way and providing criminal penalties therefor; requiring financial reporting by inaugural committees; providing for an alternative reporting procedure for political committees; relating to recovery of loans by political candidates and family members; limiting contributions from political committees; memorials, flowers and citations as lawful election expenses; and providing for a 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 three new sections, designated sections one-a, two-a and eight-a; that sections five-a, five-f and nine of said article eight be amended and reenacted; and that said chapter three be amended 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 or election 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, 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 state elective officers shall pay a fee equivalent to three percent of the annual salary of the office for which the candidate announces: Provided, that in lieu of the requirements of this subsection, a candidate for governor and all other state elective officers may pay a fee equivalent to one percent of the annual salary of the office for which the candidate announces if such candidate signs the code of fair campaign practices as provided in section three, article eight-a of this chapter.
(b) 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 for which the candidate announces;: Provided, That in lieu of the requirements of this subsection, a candidate for the office of judge of a circuit court and judge of any court of record of limited jurisdiction may 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 if such candidate signs the code of fair campaign practices as provided in section three, article eight-a of this chapter.
(c) A candidate for member of the House of Delegates shall pay a fee of ninety-nine thirty three dollars, and a candidate for state senator shall pay a fee of one hundred and ninety-four sixty six dollars;: Provided, That in lieu of the requirements of this subsection, a candidate for member of the House of Delegates may pay a fee of thirty-three dollars, and a candidate for state senator may pay a fee of sixty-six dollars if such candidate signs the code of fair campaign practices as provided in section three, article eight-a of this chapter.
(d) Any candidate for any office mentioned in subsections (b) and (c) of this section who takes advantage of the relevant lowered fee amounts set forth in such subsections, as a result of the candidate having signed the code of fair campaign practices as provided in section three, article eight-a of this chapter, shall plainly indicate the fact that he or she has signed that code in all of his or her campaign literature and in all of his or her other campaign advertising.
(e) A candidate who signs the code of fair campaign practices as provided in section three, article eight-a of this chapter and who subsequently pays the lower filing fee as provided in subdivisions (b) and (c) of this section, but who exceeds the campaign spending limits as provided in such code of fair campaign practices shall pay a fine to the appropriate filing officer of three times the amount by which the candidate exceeds said limits.
(f) (d) 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 executive committees 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 or 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.
§ 3-8-1a. Regulation of political campaign signs on public rights - of - way, penalty.

(a) Notwithstanding the provisions of section one, article nineteen, chapter seventeen of this code or the provisions of any county or municipal ordinance prohibiting the placement of political campaign signs on public rights-of-way, candidates for public office in this state may, not earlier than thirty days before any primary, general or special election, place political campaign signs on public rights-of-way if:

(1) The signs are less than four square feet in surface area attached to stakes driven into the ground or attached to other mechanisms which allow the signs to stand alone and they are not affixed to utility structures, guardrails, fences or other public structures along the right-of-way;
(2) The sign or signs do not obscure any other public sign;
(3) The candidate notifies the right-of-way authority of an intent to place political campaign signs on public rights-of-way;
(4) The candidate provides the right-of-way authority with a copy or facsimile of the proposed sign or signs and the name of the person responsible for removing the sign; and
(5) The candidate receives a permit from the right-of-way authority to place the sign or signs at locations along the right-of-way.
(b) For the purpose of this section a right-of-way authority is the county maintenance supervisor for the state highway department, the county commission or the governing body of a municipality.
(c) The right-of-way authority shall issue a permit to place political campaign signs and may charge a five dollar administrative fee for the permit. If the authority determines that the placement of a sign at a specific location along the right-of-way would conflict with federal law or statute, be hazardous, interfere with traffic or normal commerce or obstruct, to an appreciable degree, the view of any governmental, historical or cultural building or edifice, then the authority may remove the sign or signs. The authority shall notify the candidate when signs are to be removed and shall allow thirty days for the candidate to recover the signs that have been removed by the authority, if any.
(d) All political campaign signs authorized to be placed on public rights-of-way by the provisions of this section shall be removed by the candidate within forty-eight hours after election day. The candidate shall be assessed five dollars for each sign that must be removed by the authority after forty-eight hours post election.
(e) A candidate or anyone working on behalf of a candidate shall not attach a political campaign sign to the political campaign sign of another candidate.
(f) No one, other than a candidate or a candidate's designee may remove the candidate's campaign signs which have been authorized to be placed along public rights-of-way by a right-of-way authority unless removed in an emergency or by mutual consent of the candidate and the authority, or according to subsection c of this section.
(g) Any person who removes a sign or attaches another political sign in violation of the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars, and imprisoned in the county jail not less than twenty-four hours nor more than one year, or both fined and imprisoned.
 § 3-8-2a. Reporting by inaugural committees.
(a) Each inaugural committee established for the purpose of financing all or any part of an inaugural ceremony or activity for any person elected to any office, other than any federal office, or an activity or function open to the public to honor or to provide a public forum for any person elected to public office 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:
 Provided, That any such ceremony or activity that requires a total expenditure of funds by an inaugural committee of one thousand dollars or any lesser amount shall be exempt from the filing and recordkeeping requirements of this section.
(b) 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 office, other than any federal office or in support of an activity or function open to the public to honor or to provide a public forum for any person elected to public office.
(c) 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 date of the inauguration of the elected official for whose inauguration the inaugural committee was formed.
(d) Receipts and expenditures of state, federal or other public funds for such ceremonies or activities are not subject to the provisions of this section.
§ 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 dollars there shall also be reported the residence and mailing address and, in the case of an individual, the major business affiliation and occupation. 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, if any, 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 such disclosures 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 for political 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.
(m) Notwithstanding the provisions of section five of this article or the provisions of this section, an alternative reporting procedure may be followed by a political committee in filing financial reports for fund-raising events if the total profit from such events does not exceed five thousand dollars per year. A political committee may report gross receipts for the sale of food, beverages, services, novelty items, raffle tickets or memorabilia, except that any receipt of more than fifty dollars from an individual or organization shall be reported as a contribution. A political committee using this alternative method of reporting shall report (i) the name of the committee, (ii) the type of fund-raising activity undertaken, (iii) the location where the activity occurred, (iv) the date of the fund raiser, (v) the name of any individual who contributed more than fifty dollars worth of items to be sold, (vi) the name and amount received from any person or organization purchasing more than fifty dollars worth of food, beverages, services, novelty items, raffle tickets or memorabilia, (vii) the gross receipts of the fund raiser, and (viii) the date, amount, purpose and name and address of each person or organization from whom items with a fair market value of more than fifty dollars were purchased for resale. For purposes of this subsection, a "political committee" shall include a state or county political executive committee, a political committee organized pursuant to paragraph (C), subdivision (1), subsection (b), section 8 of this article, or any other committee, club, association or other group of persons which raises funds to be used for political purposes.
§ 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 the financial 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;
(D) One which is secured or guaranteed; and
(E) One which is not secured or guaranteed by a candidate or candidate's immediate family, or by property or other items owned by any such persons, in excess of the amounts allowed by subsection (c) of this section, or by any individual in an amount in excess of a lawful contribution by that individual to the candidate.
(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 ten thousand 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.
 § 3-8-8a. Limitation on use of political committee contributions.
 (a) No individual who is a candidate for state or local office or the financial agent of a campaign committee acting on behalf of such candidate may receive and accept more than fifty percent of the dollar amounts set forth in this section from political committees during any primary or general election campaign as campaign contributions.
(b) For purposes of this section, the limitation set forth in subsection a of this section shall apply to the following total campaign contribution amounts for the offices listed:
PRIMARYGENERAL
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
(c) For purposes of this section, "political committee" includes:
(1) Any committee, club, association, or other group of persons which receives contributions for political candidates 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 of this article.
(d) For purposes of this section, "political committee" does not include:
(1) A candidate's own campaign committee; or
(2) Any state, county or local political party committee.
§ 3 - 8 - 9. Lawful and unlawful election expenses; public opinion polls and limiting their purposes; limitation upon expenses; use of advertising agencies and reporting requirements; delegation of expenditures.

(a) No candidate, financial agent, or treasurer of a political party committee, shall pay, give or lend, either directly or indirectly, any money or other thing of value for any election expenses, except for the following purposes:

(1) For rent, maintenance and furnishing of offices to be used as political headquarters and for the payment of necessary clerks, stenographers, typists, janitors and messengers actually employed therein;
(2) In the case of a candidate who does not maintain a headquarters, for reasonable office expenses and for the payment of necessary clerks, stenographers and typists, actually employed;
(3) For printing and distributing books, pamphlets, circulars and other printed matter and radio and television broadcasting and painting, printing and posting signs, banners and other advertisements, all relating to political issues and candidates;
(4) For renting and decorating halls for public meetings and political conventions, for advertising public meetings, and for the payment of traveling expenses of speakers and musicians at such meetings;
(5) For the necessary traveling and hotel expenses of candidates, political agents and committees, and for stationery, postage, telegrams, telephone, express, freight and public messenger service;
(6) For preparing, circulating and filing petitions for nomination of candidates;
(7) For examining the lists of registered voters, securing copies thereof, investigating the right to vote of the persons listed therein, and conducting proceedings to prevent unlawful registration or voting;
(8) For conveying voters to and from the polls;
(9) For securing publication in newspapers and by radio and television broadcasting of documents, articles, speeches, arguments and any information relating to any political issue, candidate, or question or proposition, submitted to a vote;
(10) For conducting public opinion poll or polls. For the purpose of this section, the phrase "conducting of public opinion poll or polls" shall mean and be limited to the gathering, collection, collation, and evaluation of information reflecting public opinion, needs and preferences as to any candidate, group of candidates, party, issue or issues. No such poll shall be deceptively designed or intentionally conducted in a manner calculated to advocate the election or defeat of any candidate or group of candidates or calculated to influence any person or persons so polled to vote for or against any candidate, group of candidates, proposition or other matter to be voted on by the public at any election: Provided, That nothing herein shall prevent the use of the results of any such poll or polls to further, promote or enhance the election of any candidate or group of candidates or the approval or defeat of any proposition or other matter to be voted on by the public at any election; and
(11) For legitimate advertising agency services, including commissions, in connection with any campaign activity for which payment is authorized by subdivisions three, four, five, six, seven, nine and ten of this subsection.
(12) For the purchase of memorials, flowers or citations by political party executive committees or political action committees representing a political party.
(b) Every liability incurred and payment made shall be at a rate and for a total amount which is proper and reasonable and fairly commensurate with the services rendered.
(c) Every advertising agency subject to the provisions of this article shall file, in the manner and form required by section five-a of this article, the financial statements required by section five of this article at the times required therein and include therein, in itemized detail, all receipts from and expenditures made on behalf of a candidate, financial agent or treasurer of a political party committee.
(d) Any candidate may designate a financial agent by a writing duly subscribed by him which shall be in such form and filed in accordance with the provisions of section four of this article.
 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) "Political committee" shall include all those persons and entities required to keep accounts and file financial statements pursuant to the provisions of section five, article eight of this chapter; and
(d) "Code" means the code of fair campaign practices.
 § 3-8A-3. Code of fair campaign practices.
At the time an individual files his or her precandidacy statement, certificate of announcement, nominating petition, and 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 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 provisions 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:
PRIMARYGENERAL
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.
_______________________________ ______________________________
DateSignature
_______________________________ ______________________________
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 officer receiving the filing shall accept, at all times prior to the election, all completed forms.
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.