reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-02 - Fair Campaign Practices › Section 146-2-5 - Complaint and Hearing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
The complaint will be in writing on the forms prescribed by
				  the commission. The form will include, at least, the following sworn and
				  notarized information:
5.1.1. The
				name, address and telephone number of the complainant; and
5.1.2. The name, address and telephone number
				of the subscribing candidate; and
5.1.3. A narrative section, which will
				include the complainant's allegations of violation(s) by the subscribing
				candidate, with as much particularly as possible requested on the face of the
				form; and,
5.1.4. The signature of
				the complainant, with a proper verification as is used in other civil cases,
				wherein the complainant affirms that he or she believes the allegations
				complained of are true and correct; and
5.1.5. Within five (5) days of receiving the
				written complaint, the commission will forward a copy of the complaint to the
				subscribing candidate, requesting a written answer to the alleged violations of
				the code; and,
5.1.6. Within ten
				(10) days of his or her receipt of the complaint, the subscribing candidate
				will file his or her answer; and
5.1.7. The answer of the subscribing
				candidate:
(a) will be made in writing, with
				the proper complaint number on the face of the answer; and
(b) should address each allegation made by
				the complainant; and
(c) will have
				the signature of the subscribing candidate, along with a statement swearing or
				affirming that the information contained in the answer is true and correct to
				the best of the candidate's knowledge.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule clarifies and
				provides for implementation of state law relating to the regulation of campaign
				finance, reporting requirements and prohibited activities set forth under W.
				Va. Code §
									3-8-1
et
				seq
.
1.2. Authority. -- W.
				Va. Code §§
									3-1A-5,
				3-8-2,
				3-8-7,
				3-8-8,
				3-8-9 and
				29A-3-1
et
				seq
.
1.3. Filing Date. --
				May 8, 2024
1.4. Effective Date.
				May 8, 2024.
1.5. Sunset Provision.
				-- This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Ballot issue" means a constitutional
				amendment, special levy, bond issue, local option referendum, municipal charter
				adoption or revision, an increase or decrease of corporate limits, or any other
				question placed before the voters for a binding decision under the provisions
				of the West Virginia Code.
2.2.
				"Ballot issue committee" means a committee established solely for the purpose
				of advocating or opposing a ballot issue and which makes no expenditures to or
				on behalf of a political committee.
2.3. "Business affiliation" means the name of
				an individual's employer, or the name of the firm, business or organization, if
				any, with which a self-employed individual is primarily affiliated.
2.4. "Candidate" means an individual who:
2.4.1. Has filed a certificate of
				announcement under W. Va. Code §
										3-5-7 or a municipal
				charter;
2.4.2. Has filed
				declaration of candidacy under W. Va. Code §
										3-5-23;
2.4.3. Has been named to fill a vacancy on a
				ballot; or
2.4.4. Has declared a
				write-in candidacy or otherwise publicly declared his or her intention to seek
				nomination or election to a state, district, county or municipal office or
				party office to be filled at any primary, general or special
				election.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-3 - Contributions for Primary and General Elections

Current through Register Vol. XLI, No. 28, July 12, 2024
Candidate Committee Contributions:
3.1. A contribution to a pre-candidate or
				pre-candidate's committee is a contribution in connection with a primary
				election when a candidate seeks to be nominated to a general election ballot by
				the voters on a primary election ballot as prescribed by law. Contributions to
				a pre-candidate or pre-candidate's committee that does not seek a party
				nomination are attributed as contributions to a general election.
3.2. A contribution to a candidate's
				committee is a contribution attributed to the primary election in the following
				circumstances:
3.2.1. For a candidate for
				nomination or election in the primary, all contributions received on or before
				the primary election day that are not expressly indicated for use as a general
				election contribution;
3.2.2. For a
				candidate nominated in the primary election, a contribution received after the
				primary which is designated in writing on the financial report, with the
				consent of the contributor, as a contribution for the primary election,
				providing the aggregate of all these designated contributions do not exceed the
				total of unpaid bills, loans or other financial obligations incurred for the
				primary election;
3.2.3. For a
				candidate defeated for nomination in the primary election, all contributions
				received after the primary, not to exceed the total of unpaid primary election
				expenses; and
3.2.4. For a
				candidate for nomination in a party convention, all contributions received on
				or before the day of that convention.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-4 - Contributions for Inaugural Events

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An inaugural committee established for
				the purpose of soliciting or receiving contributions for the funding of all or
				any part of an inaugural event for any person elected to any state public
				office shall file a verified financial statement with the Secretary of State's
				Office relating to any contributions from one person in excess of
				$250.
4.2. An inaugural committee
				shall file and retain detailed records of any contribution from one person in
				excess of $250.
4.3. For purposes
				of this Section, "detailed records" shall contain the following information:
4.3.1. The full name of each person, firm,
				association or committee;
4.3.2.
				The residence and mailing address of the contributor and may include a business
				telephone number, if available;
4.3.3. In the case of an individual, his or
				her major business affiliation and occupation; and
4.3.4. The amount of the
				contribution.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-5 - Contribution Limitations, Sources and Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
Contribution Limits:
5.1. Aggregated contributions limits that can
				be accepted by political committees are as follows:
5.1.1. Contributions from a person to a
				candidate or pre-candidate committee in which the candidate is seeking the
				nomination of a political party may not exceed $2,800. Provided, the candidate
				may contribute to their own campaign committee without limitation.
5.1.2. Contributions received by a
				candidate's committee prior to a primary election or nominating event that are
				expressly attributed by the contributor for the subsequent general election, as
				referenced in 146 CSR 3-3, are considered against the aggregate limitation to
				the general election.
5.1.3.
				Contributions from a person to a candidate or pre-candidate committee seeking
				election in a general or special election may not exceed $2,800. Provided, the
				candidate may contribute to their own campaign without limitation.
5.1.4. Contributions from a person to a
				political action committee after the state's scheduled general election and
				prior to the state's scheduled primary election may not exceed $5,000.
				Provided, an independent expenditure only political action committee does not
				have a limitation on aggregate contribution amounts.
5.1.5. Contributions from a person to a
				political action committee after the state's scheduled primary and prior to the
				state's scheduled general or special election may not exceed $5,000. Provided,
				an independent expenditure only political action committee does not have a
				limitation on aggregate contribution amounts.
5.1.6. Contributions from a person to a
				political party committee, including a political party caucus campaign
				committee, may not exceed $10,000 in any calendar year.
5.1.7. Limitations on contributions to
				candidates for federal elective office (including President, Vice President,
				U.S. Senate and U.S. House of Representatives) are established in Chapter 14,
				Title 2 of the United States Code and the Code of Federal Regulations and are
				not subject to West Virginia laws and regulations.
5.1.8. For all nonpartisan offices, which
				races typically appear on a Primary Election ballot, with the exception of a
				special election to fill a vacancy in a nonpartisan office at a special
				election or on a General Election ballot, the contribution limits shall be
				limited to those permissible during one (1) election period.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-6 - Lawful Expenditures

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Funds belonging to or received by a candidate or political committee may be
				used to employ persons to perform those functions enumerated in W. Va. Code
				§
									3-8-9, either on a full-time,
				part-time or temporary basis, and in compliance with the provisions of this
				rule.
6.2. Funds belonging to or
				received by a political committee may be used for reasonable office expenses
				enumerated in W. Va. Code §
									3-8-9.
6.3. No money or thing of value derived from
				contributions received by a political committee may be paid to or given to any
				person, except:
6.3.1. As lawful payment for
				goods provided, services rendered or reimbursement of expenses incurred for
				political purposes as defined in Section 2.32 of this Rule;
6.3.2. As food and drink, entertainment or
				costs incidental to a fund-raising event, or public meeting, for political
				purposes;
6.3.3. As printed
				campaign promotional items of nominal value which clearly identify the
				candidate, or party;
6.3.4. As a
				nominal noncash expression of appreciation to campaign workers as defined in
				Section 2.24 of this Rule, following the close of the polls or within 30 days
				thereafter;
6.3.5. As payment for
				services provided, bonds, and other expenses related to the costs of recounts
				and contesting elections;
6.3.6. As
				payment for necessary traveling and hotel expenses; or
6.3.7. As lawful payment for legal and
				accounting services rendered to a candidate or candidate committee if the
				services are solely related to the candidacy campaign;
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-7 - Disposing of Excess Campaign Assets, Terminating a Political Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Excess
				campaign assets are those monies, materials, equipment or other things of value
				derived from contributions which:
7.1.1.
				Remain in the possession of the pre-candidate or pre-candidate's committee at
				the conclusion of pre-candidacy when the pre-candidate decides not to become a
				candidate;
7.1.2. Remain in the
				possession of the candidate or candidate's committee after the candidate loses
				in the primary election or after the candidate's general election and after
				debts, loans and other liabilities are repaid; or
7.1.3. Belong to a political committee which
				wishes to discontinue activity and dissolve.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-8 - Receiving, Distributing and Reporting Contributions and Expenditures

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The treasurer
				of a political committee receives all contributions and disburses all funds,
				and it is unlawful for a person or persons other than the treasurer to receive
				and disburse funds without the treasurer's knowledge and
				participation.
8.2. A candidate who
				does not appoint another person as financial agent or organize a candidate's
				committee and appoint a treasurer shall be considered to be the financial agent
				for his or her own campaign.
8.3.
				Every candidate, treasurer, person, association of persons, organization, or
				corporation supporting a political committee permitted to engage in and
				required to report activities under W. Va. Code §§
									3-8-5a and
				3-8-5b 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 the candidate financial agent, person,
				organization or the committee for political purposes.
8.4. A financial report shall include all
				financial transactions occurring during the accounting period just completed,
				and any other financial transactions which have not been reported previously.
				Financial reports shall be in the form prescribed by the State Election
				Commission and meet the requirements under W. Va. Code §
									3-8-5.
8.5. Any person or political committee who is
				required to file a statement to the Secretary of State under this Section shall
				file the statement electronically in a Campaign Finance Reporting System that
				is offered by the Secretary of State.
8.6. Every person required to keep detailed
				accounts under Section 8.3 of this Rule shall file a detailed, itemized, sworn
				statement, as prescribed in W. Va. Code §§
									3-5-8(a),
				3-8-5(b) and
				3-8-5e(c).
8.6.1. On April 1 of each year, financial
				transactions dating from January 1 to March 31 of the same year shall be filed
				within six (6) days thereafter.
8.6.2. On July 1 of each year, financial
				transactions dating from April 1 to June 30 of the same year shall be filed
				within six (6) days thereafter.
8.6.3. On October 1 of each year, financial
				transactions dating from July 1 to September 30 of the same year shall be filed
				within six (6) days thereafter.
8.6.4. On January 1 of each year, financial
				transactions dating from October 1 to December 31 of the previous year shall be
				filed within six (6) days thereafter.
8.6.5. Provided, the campaign finance
				statement that is required by 146 CSR 3-8.6.2. for the year 2019 will include
				financial transactions dating from March 30, 2019 to June 30, 2019 and shall be
				filed within six (6) days thereafter.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-9 - State and Local Activity by Federal Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A political committee which properly
				establishes and maintains an account with the Federal Election Commission shall
				be in compliance with the state financial reporting requirements in W. Va. Code
				§
									3-8-5 if all requirements are met
				in reporting with the Federal Election Commission. Of candidate committees,
				only candidate committees that are seeking election to a federal position
				qualify for this exemption.
9.2.
				When a federally registered political committee also maintains a state
				registered account, the treasurer shall not place in its federal account, funds
				which have been designated by the contributor for use in state, district,
				county and municipal election activities. The funds shall be placed directly
				into the state account, and are subject to state reporting requirements,
				restrictions, and contribution limits.
9.3. A person required to file reports with
				the Federal Election Commission is not exempt from the state-level
				electioneering communication reports requirements in W. Va. Code §
									3-8-2b or the independent
				expenditure reporting requirements in W. Va. Code §
									3-8-2.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-10 - Solicitation for Political Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Solicitations by a candidate committee:
10.1.1. No person may lawfully solicit and
				accept funds for political purposes on behalf of any individual before that
				individual becomes a pre-candidate or a candidate as defined in this
				rule.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-11 - Procedures for Levying Civil Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A civil penalty of $10 a day, provided
				by W. Va. Code §
									3-8-7(b), shall be
				assessed by the Secretary of State when a mandated report for independent
				expenditures, electioneering communications or a political committee's campaign
				finance statement as required by W. Va. Code §
									3-8-5 is filed delinquently.
11.1.1. The public list shall be published on
				the Secretary of State's online Campaign Finance Reporting System and/or
				official agency website.
11.1.2.
				The public list shall be published no later than 10 days following the close of
				each campaign finance report filing period, or by the next business day
				following a weekend or legal holiday, and shall remain online for a period of
				five (5) years.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-12 - Political Disclaimers

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. No
				person may publish, issue or circulate, or cause to be published, issued or
				circulated, any anonymous letter, circular, placard, radio or television
				advertisement or other publication supporting or aiding the election or defeat
				of a clearly identified candidate.
12.2. No person will be in violation of
				Section 12.1. of this Rule if on the communication the words "Paid for by (name
				of the person paying for the communication)" are visible and legible on the
				face of the communication or spoken clearly in an audio
				advertisement.
12.3. Any
				communication paid for by an independent expenditure shall include a clear and
				conspicuous public notice that:
12.3.1.
				Clearly states that the communication is not authorized by the candidate or the
				candidate's committee;
12.3.2.
				Clearly identifies the person making the expenditure; and
12.3.3. If the communication appears on or is
				disseminated by broadcast, cable or satellite transmission, the statement
				required by this Subsection shall be both spoken clearly and appear in clearly
				readable writing at the end of the communication.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-13 - Joint Fundraising Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Applicability.
13.1.1. The provisions of this Section, in
				addition to all applicable laws, shall govern all joint fundraising activity
				conducted under W. Va. Code §
										3-8-9c.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-03 - Regulation of Campaign Finance › Section 146-3-14 - Coordinated Activity

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				"Coordinated expenditure" is an expenditure made in concert with, in
				cooperation with, or at the request or suggestion of a candidate's committee
				and meeting the criteria provided in W. Va. Code §
									3-8-9a.
14.1.1. For the purpose of this Section, "In
				concert or cooperation with or at the request or suggestion of," means that a
				candidate or his or her agent consulted with:
14.1.1.a. The sender regarding the content,
				timing, place, nature, or volume of a particular communication or a
				communication to be made; or
14.1.1.b. A person making an expenditure that
				would otherwise offset the necessity for an expenditure of the candidate or
				candidate's committee.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules regulate the employment of election workers and regular
				campaign staff, rate of payment, method of payment, reporting requirements and
				forms utilized for compliance. These legislative rules apply to all municipal,
				county, state or national elections conducted in this State.
1.2. Authority. -- W. Va. Code §§
									3-1A-5,
				3-1A-6,
				3-8-1,
				3-8-11,
				3-8-12,
				3-9-12,
				3-9-13,
				3-9-16
				and West Virginia Supreme Court of Appeals Order No. 16884
1.3. Filing Date. -- April 10,
				2008.
1.4. Effective Date. -- April
				10, 2008.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-2 - Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
The Legislature through West Virginia Code subsection (d),
				  section six, article one-a; section one, article eight; subsection (c), section
				  eleven; subsection (e), section twelve, article eight; sections twelve,
				  thirteen and sixteen, article nine, all of chapter three clearly addresses the
				  intent of the Legislature to prevent the buying and selling of votes. Pursuant
				  to statutory authority, it is the policy of the State Election Commission and
				  the Secretary of State that unreasonable, excessive and grossly
				  disproportionate expenditure of money in relation to services rendered
				  represents the buying of votes or influence to obtain a public office. The
				  following rules are established to carry out this policy.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Candidate's
				Committee" means a political committee established with the approval of or in
				cooperation with a candidate or a prospective candidate to explore the
				possibilities of seeking a particular office or to support or aid his or her
				nomination or election to an office in an election cycle. If a candidate
				directs or influences the activities of more than one active committee in a
				current campaign, those committees shall be considered one committee for the
				purpose of contribution limits.
3.2. "Paid Campaign Staff" means an
				individual employed by a political committee who works in excess of twenty (20)
				hours per week on a regular and continuing basis and who is paid a regular
				salary out of which is deducted withholding tax and social security
				obligations.
3.3. "Paid Election
				Worker" means an individual employed by a political committee on an
				intermittent, temporary or irregular basis.
3.4. "Political Action Committee" means a
				committee organized by one or more persons for the purpose of supporting or
				opposing the nomination or election of one or more candidates.
3.5. "Political Committee" means any
				candidate's committee, political action committee or political party
				committee.
3.6. "Political Party
				Committee" means a committee established by a political party or political
				party caucus for the purposes of engaging in the influencing of the election,
				nomination or defeat of a candidate in any election.
3.7. "Political Subdivision" means those
				precincts comprising the electoral district from which a candidate is to be
				elected. (i.e. senatorial district, delegate district)
3.8. "Volunteer Election Worker" means an
				individual providing services to a political committee without pay or other
				compensation for services, not including expenses.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-4 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Payments for
				contracted services with a person or business licensed to do business in the
				State of West Virginia are not limited by these regulations: Provided, however,
				that payments to election workers or campaign staff employed or provided by a
				licensed person or business on behalf of a candidate's committee are subject to
				these regulations. Such paid election workers employed for election day work
				will be calculated as part of the total paid workers allowed for that candidate
				or committee pursuant to Section 8 of these rules.
4.2. The number of volunteer election workers
				utilized on election day is not limited by these regulations.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-5 - Payment Of Election Workers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				An election worker's pay, including direct or indirect payments for expenses,
				shall not exceed nine dollars ($9.00) per hour up to a maximum of seventy-five
				dollars ($75.00) per day regardless of the source or sources of the payment or
				the hours worked in any given day.
5.2. Payment shall be by check for any and
				all services provided or expenses incurred by any paid election
				worker.
5.3. Any check issued for
				payment to any paid election worker shall clearly indicate the name of the
				candidate's committee issuing the check, and the name and social security
				number of the person to whom the check is issued.
5.4. No check may be issued to any paid
				election worker before that worker has submitted to the candidate's committee
				an itemized statement on a form prescribed by the Secretary of State showing
				the specific work performed, the times and dates of the work and the amount of
				pay to be issued by the candidate or committee to the election worker for the
				work reported.
5.5. The candidate's
				committee shall attach all itemized statements, upon which payment was made,
				with the financial statement, for the reporting period during which the check
				was issued.
5.6. The candidate's
				committee shall comply with all Internal Revenue Service laws, regulations and
				reporting requirements as they relate to the payment of election
				workers.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-6 - Payment Of Campaign Staff

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Paid campaign staff may be paid in excess of seventy-five dollars ($75.00) per
				day, but such pay may not exceed that which is reasonable and fairly
				commensurate with similar services rendered in the private sector.
6.2. Payment shall be by check for any or all
				service provided by any paid campaign staff worker.
6.3. Any check issued for payment to any paid
				campaign staff worker shall clearly indicate the name of the organization or
				person issuing the check and the name and social security number of the person
				to whom the check is issued.
6.4.
				The candidate's committee shall file with the financial statement the names and
				social security number of each paid campaign staff worker employed during the
				reporting period covered by the financial statement, along with the job title,
				description of duties, rate of pay, beginning and ending employment dates and
				work schedule of each paid campaign staff worker.
6.5. The political committee shall comply
				with all Internal Revenue Service laws, regulations and reporting requirements
				as they apply to the payment of campaign staff.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-7 - Reimbursement For Expenses Of Volunteer Election Workers

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 A volunteer election worker may, by
				presentment of a receipt or receipts for the expenditures, be reimbursed for
				out-of-pocket purchases of goods or services made for the candidate's
				committee. Such out-of-pocket expenditure reimbursements shall be reflected in
				the candidate committee's financial report as an expenditure, as required by
				W.Va. Code
				3-8-5a(a)(8).
7.2. Payment to a volunteer
				election worker for any and all expenses incurred shall be made by the
				candidate or committee by check.
7.3. Reimbursement for mileage shall not
				exceed the current state-mandated reimbursement rate per mile.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-8 - Employment Of Election Workers By Candidates Or Candidate's Authorized Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each
				candidate's committee may employ paid election workers solely for the
				candidate's personal campaign: Provided, however, That within the limits of one
				(1) election worker per precinct, as set forth in Section 8.2 of these rules,
				two (2) or more candidates' committees may jointly employ paid election workers
				only when the payment to each worker is equally divided among the candidate's
				committees.
8.2. Under no
				circumstances shall a candidate's committee employ directly or indirectly in
				excess of one (1) paid election worker per number of precincts within the area
				the candidate is seeking to represent. The total number of election worker(s)
				employed to work within any political subdivision shall not exceed the total
				number of precincts in which the candidate appears on the ballot within that
				political subdivision. The candidate's committee may employ any number of
				worker(s) per day per political subdivision, so long as the total number of
				worker-days do not exceed the number of precincts in the political subdivision.
				(Example: In a delegate district with thirty (30) precincts, thirty (30)
				workers may be employed for one (1) day; or, one (1) worker may be employed for
				thirty (30) days; or, three (3) workers may be employed for ten (10) days; or,
				any variation so long as the number of workers or worker-days do not exceed the
				total precincts within that delegate district).
8.3. A candidate's committee may not make
				indirect contributions to other candidates or committees by having paid
				election workers drive voters, distribute literature or perform any other task
				on behalf of another candidate.
8.4. The candidate's committee shall comply
				with all Internal Revenue Service laws, regulations and reporting requirements
				as they apply to the payment of campaign staff.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-9 - Employment Of Election Workers By Party Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Each party committee may employ election
				workers: Provided, however, That a municipal executive committee may not employ
				election workers on any county, district or statewide election day and a
				county, district or statewide executive committee may not employ election
				workers on any municipal election day.
9.2. Any state party executive committee may
				employ not more than one (1) paid election worker per precinct within any
				county.
9.3. Any county executive
				committee, or combination of county and district executive committees of the
				same political party, may employ not more than one (1) election worker per
				precinct within a county.
9.4. Any
				municipal executive committee may employ not more than one (1) paid election
				worker per precinct within the city.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-10 - Employment Of Election Workers By Political Action Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Each
				political action committee may employ election workers.
10.2. Regardless of the number of candidates
				supported or opposed by a political action committee, the total number of paid
				election workers employed by such committee to work within any county may not
				exceed the total number of precincts within that county in which candidates or
				issues supported or opposed appear on the ballot.
10.3. Each political action committee shall
				report the amount of expenditures made on behalf of each candidate or to
				promote the defeat of a candidate.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-04 - Election Expenditures › Section 146-4-11 - Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
All forms necessary to comply with this rule shall be
				  prescribed by the State Election Commission and available from the Secretary of
				  State's office, county clerk's office, and the municipal election
				  officer.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule controls the
				processes by which the State Election Commission administers the West Virginia
				Supreme Court of Appeals Public Campaign Financing Program for West Virginia
				Supreme Court elections.
1.2.
				Authority. -- W. Va. Code §§
									3-1A-5,
				3-12-11,
				and
				3-12-14.
1.3. Filing Date. -- June 22, 2016.
1.4. Effective Date. -- July 1,
				2016
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-3 - Exploratory Period; Contributions; Expenditures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The exploratory period begins on the
				first day of January of the calendar year preceding the election year and ends
				on the last Saturday in January of the election year.
3.2. During the exploratory period a
				participating candidate or his or her committee may not accept, spend or
				obligate exploratory contributions exceeding $20,000 in the aggregate. Amounts
				raised in excess of $20,000 must be given to the Fund.
3.3. Upon filing a declaration of intent, any
				remaining unexpended or undedicated pre-candidacy contributions received prior
				to the exploratory period are treated as exploratory contributions. A candidate
				may not accept additional exploratory contributions after filing a declaration
				of intent.
3.4. Monies paid to the
				Fund, as required by any section of this rule, will not be refunded to the
				candidate should the candidate later fail to qualify for public
				financing.
3.5. Contribution
				Limitations.
3.5.1. No individual may
				contribute more than a total of $1,000.
3.5.2. Participating candidate may loan,
				contribute or obligate up to $1,000 of his or her own money for exploratory
				purposes.
3.5.3. An exploratory
				contribution by one person may not be made in another person's name.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-4 - Declaration of Intent to Participate

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Before attempting to qualify to receive
				public campaign financing funds, a candidate must file with the Secretary a
				declaration of intent on a form provided by the SEC.
4.2. The time limit for filing the
				declaration is
4.3. The filing date
				of the declaration is the date of the postmark if mailed, and is the date
				delivered to the Secretary if hand-delivered or if delivered by facsimile or by
				electronic means.
4.4. The
				declaration shall contain a statement that the candidate is eligible to be
				placed on the ballot and, if elected, to hold the office sought.
4.5. The declaration shall contain a
				statement that the candidate has, and will continue to, comply with all
				requirements of article 12, chapter 3, of the West Virginia Code, including
				contributions and expenditure restrictions.
4.6. A candidate may not accept qualifying
				contributions before filing the declaration of intent.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-5 - Qualifying Contributions, Requirements and Receipts

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Qualifying requirements. To be eligible
				for public campaign financing funds, a participating candidate or his or her
				candidate's committee must obtain contributions of at least $1, but not more
				than $100:
5.1.a. That are contributed by at
				least 500 West Virginia registered voters;
5.1.b. That total at least $35,000;
5.1.c. That total no more than $50,000;
				and
5.1.d. At least 10% of the
				total number of voters contributing must be registered to vote in each
				Congressional District.
5.1.d.1. Example: A
				candidate obtains 650 qualifying contributions. A minimum of 65 contributions
				must have been received from voters registered in Congressional District 1. A
				minimum of 65 contributions must have been received from voters registered in
				Congressional District 2. And, a minimum of 65 contributions must have been
				received from voters registered in Congressional District
				3.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-6 - Certification of Candidates

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. After
				collecting sufficient numbers and amounts of qualifying contributions, and no
				later than two business days after the close of the qualifying period, a
				candidate who desires to apply for public financing funds shall file an
				Application for Certification with the Secretary.
6.2. The Application for Certification must
				contain a sworn statement by the candidate that he or she has complied with,
				and will continue to comply with, all provisions of article 12 and that the
				candidate is eligible to hold the office of Justice of the West Virginia
				Supreme Court of Appeals.
6.3. The
				Secretary shall record the filing so that the filing is available to the
				general public.
6.4. The Secretary
				shall:
6.4.a. Confirm the number and amounts
				of qualifying contributions;
6.4.b.
				Determine whether any challenges have been filed; and
6.4.c. Notify the SEC of the
				findings.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-7 - Challenges to the Validity of a Contribution

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person may challenge the validity of
				any qualifying contribution.
7.2. A
				challenge is to be filed on a form provided by the SEC providing:
7.2.a. Name, mailing address, phone
				number;
7.2.b. Signature of
				challenger;
7.2.c. Identity of
				receipt challenged; and
7.2.d.
				Reason for challenge;
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-8 - Payment Procedures, Schedules and Amounts

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General. This section provides the
				procedures by which payment amounts are determined and payment delivery is
				made.
8.2. Electronic transfer. A
				candidate who desires to receive payment from the Fund by electronic transfer
				must provide on the Application for Certification sufficient information and
				authorization for the State Treasurer to transfer payment to the candidate's
				campaign depository account.
8.3.
				Change of election status from uncontested to contested. In an uncontested
				election, no monies are allocated from the fund. If, due to other candidates'
				later filing for the office, the election becomes contested, a payment to the
				certified candidate will be made in the amount specified in section 8.6.b of
				this rule. The payment will be made within two business days of the SEC
				receiving information of the changed nature of the election.
8.4. Order of payment. When more than one
				candidate qualifies for payments on the same day, then payment will be made to
				all such candidates on the same day.
8.5. Pro rata payments. If, at the time any
				payment is due, there is an insufficient balance to make full payment to all
				entitled candidates, the following procedure shall be followed:
8.5.a. The SEC will determine the amount of
				funds available;
8.5.b. The SEC
				will determine when the next deposit may be reasonably expected, and the amount
				of that deposit;
8.5.c. The SEC
				will determine the amount of administrative expenses due until the next deposit
				and will subtract the anticipated administrative expenses amount from the
				current Fund balance;
8.5.d. The
				SEC will then divide the difference equally among all entitled candidates and
				authorize payments in the pro rata amounts.
8.5.e. Candidates receiving reduced payments
				due to insufficient funds are permitted to solicit and receive campaign
				contributions, as permitted by article 8, chapter 3, of the West Virginia Code,
				but total contributions may not exceed the difference between the amount paid
				and the amount that would have been due had full payment been possible. Excess
				contributions will be paid to the Fund.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-9 - Restrictions on Campaign Contributions and Expenditures

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. During the qualifying period a
				participating candidate may spend or obligate only that amount which he or she
				has collected in exploratory and qualifying contributions.
9.2. At the end of the qualifying period, a
				certified candidate may spend or obligate any unspent exploratory or qualifying
				contributions and the moneys he or she receives from the Fund.
9.3. A participating or certified candidate
				may expend exploratory and qualifying contributions and money from the Fund
				only for lawful election expenses as provided W.Va. Code §
									3-8-9.
9.4. Moneys distributed from the Fund may be
				expended only during the non-partisan judicial election campaign periods for
				which the funds were dispersed.
9.5. Money from the Fund may not be used:
9.5.a. In violation of law;
9.5.b. To repay any personal, family or
				business loans, expenditures or debts; or
9.5.c. To help any other candidate.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-10 - Withdrawal from Participation

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A
				candidate who wants to withdraw from being a certified candidate and become a
				nonparticipating candidate may at any time file an Application for Withdrawal
				from Participation, on a form provided by the SEC, with the
				Commission.
10.2. No certified
				candidate may withdraw until he or she has repaid all moneys received from the
				Fund unless the Commission has waived the repayment requirement due to
				exceptional circumstances.
10.3. If
				a candidate seeks to avoid repayment of all monies received, the candidate
				shall explain on the Application for Withdrawal from Participation the
				circumstances which justify a waiver of the repayment requirement.
10.4. Upon receiving an Application for
				Withdrawal the Commission shall meet and make a determination within three
				business days.
10.5. The Commission
				shall consider Applications for Withdrawal on a case-by-case basis to determine
				the sufficiency of the reason for withdrawal.
10.6. The Commission may assess a penalty not
				to exceed $10,000 against any candidate who withdraws without approval from the
				Commission.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-11 - Reporting Requirements for Participating and Certified Candidates

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Participating candidates must comply with the provisions of this section in
				addition to any reporting requirements of article 8, chapter 3 of the West
				Virginia Code.
11.2. A certified
				candidate or his or her financial agent shall file periodic financial
				statements in accordance with W. Va. Code §
									3-8-5
				on forms approved by the Secretary.
11.3. Monthly reports. During the exploratory
				and qualifying periods, a participating candidate or his or her financial agent
				must submit, on the first of each month, a report of all exploratory and
				qualifying contributions along with their receipts and an accounting of all
				expenditures and obligations received during the immediately preceding month.
11.3.a. The reports shall be on forms or in a
				format prescribed by the Secretary.
11.3.b. The reports shall be filed
				electronically unless a hardship exemption has been granted pursuant to W. Va.
				Code §
										3-8-5b(c).