West Virginia Legislature
2016 Regular Session
Introduced
House Bill 2588
2015 Carryover
(By Delegates E. Nelson, Lane, Kurcaba, O'Neal, Westfall, McCuskey, Byrd, Gearheart, Storch and Espinosa)
[Introduced January 13, 2016; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §3-8-5b of the Code of West Virginia, 1931, as amended, relating to the filing of financial statements with the Secretary of State; providing that these must be an electronic format; and providing for exceptions in the case of hardship.
Be it enacted by the Legislature of West Virginia:
That §3-8-5b of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-5b.
Where financial statements shall be filed; filing date prescribed.
(a) The financial statements provided for
in this article shall be filed, by or on behalf of candidates, with:
(1) The Secretary of State for legislative offices and for statewide and other offices to be nominated or elected by the voters of a political division greater than a county;
(2) The clerk of the county commission by candidates for offices to be nominated or elected by the voters of a single county or a political division within a single county; or
(3) The proper municipal officer by candidates for office to be nominated or elected to municipal office.
(b) The statements may be filed by
mail, in person, or by facsimile or other electronic means of transmission:
Provided, That the financial statements filed by or on behalf of candidates
for Governor, Secretary of State, Attorney General, Auditor, Treasurer,
Commissioner of Agriculture and Supreme Court of Appeals shall be filed
electronically by the means of an Internet program to be established by the
Secretary of State on forms or in a format prescribed by the Secretary of
State: Provided, That a committee may apply for an exemption, in case
of hardship, pursuant to subsection (c) of this section.
(c) Committees required to report electronically may apply to the State Election Commission for an exemption from mandatory electronic filing in the case of hardship. An exemption may be granted at the discretion of the State Election Commission.
(d) For purposes of this article, the
filing date of a financial statement shall, in the case of mailing, be the date
of the postmark of the United States Postal Service, and in the case of hand
delivery or delivery by facsimile or other electronic means of transmission,
the date delivered to the office of the Secretary of State or to the office of
the clerk of the county commission, in accordance with the provisions of
subsection (a) of this section, during regular business hours of such that
office.
(e) The sworn financial statements required
to be filed by this section with the Secretary of State shall be posted on the
Internet by the Secretary of State within ten business days from the date the
financial statement was is filed.
NOTE: The purpose of this bill is to require financial disclosure forms to be filed with the Secretary of State electronically. Committees claiming hardship can request an exemption.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.