ENGROSSED
H. B. 3175
(By Mr. Speaker, Mr. Kiss, and Delegates Staton, Amores, Mahan,
Coleman, Craig and C. White)
[Introduced March 30, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twelve, article eight, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to contributions to state
party legislative caucus committees.
Be it enacted by the Legislature of West Virginia:
That section twelve, article eight, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-12. Additional acts forbidden; circulation of written
matter; newspaper advertising; solicitation of
contributions; intimidation and coercion of employees;
promise of employment or other benefits; limitations
on contributions; public contractors; penalty.
(a) No person shall may publish, issue or circulate, or cause to be published, issued or circulated, any anonymous letter,
circular, placard, or other publication expressly advocating the
election or defeat of a clearly identified candidate.
(b) No owner, publisher, editor or employee of a newspaper or
other periodical shall may insert, either in its advertising or
reading columns, any matter, paid for or to be paid for, which
tends to influence the voting at any election, unless directly
designating it as a paid advertisement and stating the name of the
person authorizing its publication and the candidate in whose
behalf it is published.
(c) No person shall may, in any room or building occupied for
the discharge of official duties by any officer or employee of the
state or a political subdivision thereof of the state, solicit
orally or by written communication delivered therein within the
room or building, or in any other manner, any contribution of money
or other thing of value for any party or political purpose, from
any postmaster or any other officer or employee of the federal
government, or officer or employee of the state, or a political
subdivision thereof of the state. No officer, agent, clerk or
employee of the federal government, or of this state, or any
political subdivision thereof of the state, who may have charge or
control of any building, office or room, occupied for any official
purpose, shall may knowingly permit any person to enter the same
any building, office or room, occupied for any official purpose for
the purpose of therein soliciting or receiving any political assessments from, or delivering or giving written solicitations
for, or any notice of, any political assessments to, any officer or
employee of the state, or a political subdivision thereof of the
state.
(d) Except as provided in section eight of this article, no
person entering into any contract with the state or its
subdivisions, or any department or agency thereof of the state,
either for rendition of personal services or furnishing any
material, supplies or equipment or selling any land or building to
the state, or its subdivisions, or any department or agency thereof
of the state, if payment for the performance of such the contract
or payment for such the material, supplies, equipment, land or
building is to be made, in whole or in part, from public funds
shall may, during the period of negotiation for or performance
under such the contract or furnishing of materials, supplies,
equipment, land or buildings, directly or indirectly, make any
contribution to any political party, committee or candidate for
public office or to any person for political purposes or use; nor
shall may any person or firm solicit any contributions for any such
purpose during any such period.
(e) No person shall may, directly or indirectly, promise any
employment, position, work, compensation or other benefit provided
for, or made possible, in whole or in part, by act of the
Legislature, to any person as consideration, favor or reward for
any political activity for the support of or opposition to any candidate, or any political party in any election.
(f) No person shall may, directly or indirectly, make any
contribution in excess of the value of one thousand dollars in
connection with any campaign for nomination or election to or on
behalf of any statewide or national elective office, or in excess
of the value of one thousand dollars, in connection with any other
campaign for nomination or election to or on behalf of any other
elective office in the state or any of its subdivisions, or in
connection with or on behalf of any committee or other organization
or person engaged in furthering, advancing or advocating the
nomination or election of any candidate for any of such office the
offices.
(g)(1) Notwithstanding the provisions of subsection (f) of
this section to the contrary, the aggregate contributions made to
a state party executive committee or state party legislative caucus
committee shall are to be permitted only pursuant to the
limitations imposed by the provisions of this subsection.
(2) No person shall may, directly or indirectly, make
contributions to a state party executive committee or state party
legislative caucus committee which, in the aggregate, exceed the
value of one thousand dollars in any calendar year.
(h) The limitations on contributions contained in this section
do not apply to transfers between and among a state party executive
committee or a state party's legislative caucus political committee
from national committees of the same political party: Provided, That transfers permitted herein by this subsection shall may not
exceed fifty thousand dollars in the aggregate in any calendar year
to any such state party executive committee or state party
legislative caucus political committee: Provided, however, That
such the moneys transferred shall may only be used for voter
registration and get-out-the-vote activities of the state
committees.
(i) No person shall may solicit any contribution from any
nonelective salaried employee of the state government or of any of
its subdivisions or coerce or intimidate any such nonelective
salaried employee into making such a contribution. No person shall
may coerce or intimidate any nonsalaried employee of the state
government or any of its subdivisions into engaging in any form of
political activity. The provisions hereof of this subsection shall
may not be construed to prevent any such employee from making such
a contribution or from engaging in political activity voluntarily,
without coercion, intimidation or solicitation.
(j) No person shall may solicit a contribution from any other
person without informing such the other person at the time of such
the solicitation of the amount of any commission, remuneration or
other compensation that the solicitor or any other person will
receive or expect to receive as a direct result of such the
contribution being successfully collected. Nothing in this
subsection shall may be construed to apply to solicitations of
contributions made by any person serving as an unpaid volunteer.
(k) No person shall may place any letter, circular, flyer,
advertisement, election paraphernalia, solicitation material or
other printed or published item tending to influence voting at any
election in a roadside receptacle unless it is: (1) Approved for
placement into a roadside receptacle by the business or entity
owning the receptacle; and (2) contains a written acknowledgment of
such the approval. This subdivision does not apply to any printed
material contained in a newspaper or periodical published or
distributed by the owner of the receptacle. The term "roadside
receptacle" means any container placed by a newspaper or
periodical business or entity to facilitate home or personal
delivery of a designated newspaper or periodical to its customers.
(l) Any person violating any provision of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one thousand dollars, or confined in a regional
or county jail for not more than one year, or, in the discretion of
the court, be subject to both such fine and confinement.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.