WVC 3 - 12 - 12
§3-12-12. Restrictions on contributions and expenditures.
(a) A certified candidate or his or her committee may not
accept loans or contributions from any private source, including
the personal funds of the candidate and the candidate's immediate
family, during the primary or general election campaign periods
except as permitted by this article.
(b) After filing the declaration of intent and during the
qualifying period, a participating candidate may not spend or
obligate more than he or she has collected in exploratory and
qualifying contributions. After the qualifying period and through
the general election campaign period, a certified candidate may
spend or obligate any unspent exploratory or qualifying
contributions and the moneys he or she receives from the fund under
the provisions of section eleven of this article.
(c) A participating or certified candidate may expend
exploratory and qualifying contributions and funds received from
the fund only for lawful election expenses as provided in section
nine, article eight of this chapter. Moneys distributed to a
certified candidate from the fund may be expended only during the
primary and general election campaign period for which funds were
dispersed. Money from the fund may not be used:
(1) In violation of the law;
(2) To repay any personal, family or business loans,
expenditures or debts; or
(3) To help any other candidate.
(d) A certified candidate or his or her committee shall return
to the fund any unspent and unobligated exploratory contributions,
qualifying contributions or moneys received from the fund within
forty-eight hours after:
(1) The date on which the candidate ceases to be certified; or
(2) The date on which the individual loses the primary
election or otherwise ceases to be a candidate.
(e) Funds remaining unspent or unobligated after the close of
the primary election campaign period may be retained by the
candidate for use during the general election campaign period but
shall be deducted from the amount the candidate is eligible to
receive under subsection (b), section eleven of this article.
(f) A certified candidate or his or her committee shall return
to the fund any unspent or unobligated public campaign financing
funds no later than five business days after the general election.
(g) A contribution from one person may not be made in the name
of another person.
(h) A participating or certified candidate or his or her
committee receiving qualifying contributions or exploratory
contributions from a person not listed on the receipt required by
sections eight and nine of this article is liable to the State
Election Commission for the entire amount of that contribution and
any applicable penalties.
(i) A certified candidate accepting any benefits under the
provisions of this article shall continue to comply with all of its provisions throughout the primary election campaign period and
general election campaign period.
(j) A participating or certified candidate or his or her
financial agent shall provide the Secretary of State with all
requested campaign records, including all records of exploratory
and qualifying contributions received and campaign expenditures and
obligations, and shall fully cooperate with any audit of campaign
finances requested or authorized by the State Election Commission.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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