H. B. 3036


(By Delegate Keener)
[Introduced March 28, 2001; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section five, article eight, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing time for the filing requirements of accounts and financial statements of political candidates between such transactions from five years to a period of ten years.

Be it enacted by the Legislature of West Virginia:
That section five, 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.
 §3-8-5. Detailed accounts and verified financial statements required.
(a) 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 in other activities permitted by said that section and also including the treasurer or equivalent officer of such the 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 or her, including all loans of money or things of value, and of all expenditures and disbursements made, liabilities incurred, by such the candidate, financial agent, person, association or organization or committee, for political purposes, or by any of the officers or members of such the committee, or any person acting under its authority or on its behalf.
(b) Every person or association of persons required to keep detailed accounts under this section shall file with the officers hereinafter prescribed in this section a detailed itemized statement, subscribed and sworn to before an officer authorized to administer oaths, according to the following provisions and times:
(1) 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 ten years under this section, or if no previous statement was filed, all financial transactions made within the preceding five ten years; and
(2) 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 the statement, subsequent to the previous statement, if any; and
(3) 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 the statement, subsequent to the previous statement; and
(4) 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 the report, subsequent to any previous report; and
(5) On the last Saturday in September or within fifteen days thereafter next preceding the general election day whenever the total of all financial transactions 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 the statement, subsequent to the previous statement.
(c) Every person who shall announce announces as a write-in candidate for any elective office and his or her financial agent or election organization of any kind shall comply with all of the requirements of this section after public announcement of such that person's candidacy has been made.
(d) For purposes of this section, the term "financial transactions" includes all contributions or loans received and all repayments of loans or expenditures made to promote the candidacy of any person by any candidate or any organization 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.
(e) (1) Except as provided in subdivision (2) of this subsection, any person, association, organization, corporation or other legal entity who publishes, distributes or disseminates any scorecard, voter guide or other written analysis of a candidate's position or votes on specific issues within sixty days of an election is presumed to be engaging in such the activity for the purpose of advocating or opposing the nomination, election or defeat of any candidate.
(2) The provisions of subdivision (1) of this subsection shall may not apply to:
(A) The publication, distribution or dissemination of such materials in the form of a news release to broadcast or print media;
(B) Persons who engage in news or feature reporting activities and editorial comment as working members of the press, radio or television, and persons who publish, distribute or disseminate such news, features or editorial comment through a newspaper, book, regularly published periodical, radio station or television station;
(C) The members of a nonprofit corporation or other organization who have such membership in accordance with the provisions of the articles of incorporation, bylaws or other instruments creating its form of organization and who have bona fide rights and privileges in the organization such as the right to vote, to elect officers, directors and issues, to hold office or otherwise as ordinarily conferred on members of such these organizations who publish, distribute or disseminate materials described in subdivision (1) of this subsection to other such members; or
(D) The employees of a church or synagogue which currently holds or is eligible to hold an exemption as a church issued by the internal revenue service under the provisions of §26 U.S.C. 501(c) (3) who publish, distribute or disseminate materials described in subdivision (1) of this subsection within the membership of the church or synagogue or upon the premises of any facility owned or controlled by the church or synagogue: Provided, That the exemption from the presumption provided by this subparagraph shall may not apply to such employees of a church when the church or synagogue otherwise advocates or opposes the nomination, election or defeat of any candidate, or the passage of any issue, thing or item to be voted upon.
(f) No scorecard, voter guide or other written analysis of a candidate's position or votes on specific issues shall may be published, distributed or disseminated within sixty days of an election unless it shall state states thereon the name of the person, association, organization, corporation or other legal entity authorizing its publication, distribution or dissemination.


NOTE: The purpose of this bill is to increase the time for the filing requirements of accounts and financial statements of political candidates between such transactions from five years to a period of ten years.

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