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 146-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For purposes of this rule:
2.1.a. "Application for certification" is a
				form prescribed by the State Election Commission that a candidate must file to
				formally apply for public campaign financing funds and request an eligibility
				determination from the Commission.
2.1.b. "Application for withdrawal from
				participation" is a form prescribed by the State Election Commission that a
				candidate seeking to withdraw as a certified candidate must file with the
				Commission. The Commission will determine if the candidate can withdraw from
				participation without penalty or repayment of funds received. Waiver of the
				penalty or repayment of funds is determined at the discretion of the
				Commission.
2.1.c. "Article 12"
				means the West Virginia Supreme Court of Appeals Public Campaign Financing
				Program, as codified in W.Va. Code §
										3-12-1,
et.
				seq
.
2.1.d. "Certified
				candidate" means a candidate for the West Virginia Supreme Court of Appeals who
				has been determined by the State Election Commission to qualify for receipt of
				public campaign financing funds.
2.1.e. "Contested election" means
				anon-partisan judicial election in which more candidates have been certified by
				the Secretary of State as eligible for election than positions to be
				elected.
2.1.f. "Declaration of
				intent" is a form prescribed by the State Election Commission which a candidate
				must file with the Secretary of State before accepting any qualifying
				contributions.
2.1.g. "Election
				year" means the calendar year beginning January 1 during which a Justice, or
				more than one Justice, is to be elected to the West Virginia Supreme Court of
				Appeals.
2.1.h. "Exploratory
				contributions" means a contribution of not more than $1,000 made by an
				individual adult, including a participating candidate and members of his or her
				immediate family, during the exploratory period but prior to the filing of a
				declaration of intent.
2.1.i.
				"Exploratory period" means the period during which a participating candidate
				may raise and spend exploratory contributions to examine his or her chances of
				election and to qualify for public campaign financing funds. The exploratory
				period begins January 1 of the calendar year preceding the election year, and
				ends on the last Saturday in January of the election year.
2.1.j. "Financial agent" means any individual
				acting for and by himself or herself, or any two or more individuals acting
				together or cooperating in a financial way to aid or take part in the
				nomination or election of any candidate for public office.
2.1.k. "Fund" means the Supreme Court of
				Appeals Public Campaign Financing Fund created by W.Va. Code §
										3-12-5.
2.1.l. "Non-partisan judicial election
				campaign period" means the period beginning on the first day of the candidate
				filing period and ending on the day of the non-partisan judicial
				election.
2.1.m. "Non-partisan
				judicial election payment" means the amount of monies approved by the
				Commission and paid from the Fund to a certified candidate per W.Va. Code
				§
										3-12-11(a).
2.1.n. "Participating candidate" means a
				candidate who is seeking election to the Supreme Court of Appeals and is
				attempting to be certified to receive public campaign financing from the
				Fund.
2.1.o. "Qualifying
				contribution" means a contribution, made by a West Virginia registered voter,
				of between $1 and $100, received during the qualifying period. The contribution
				may be in cash, if not more than $50 (W.Va. Code §
										3-8-5d),
				check or money order, electronic transmission, debit or credit card, made
				payable to the candidate or candidate's committee.
2.1.p. "Qualifying period" means the period
				during which participating candidates may raise and spend qualifying
				contributions. The period begins September 1 of the calendar year preceding the
				election year and ends the last Saturday in January of the election
				year.
2.1.q. "Secretary" means the
				Secretary of State.
2.1.r. "State
				Election Commission" means the government body referenced in W.Va. Code §
										3-1A-1
				and may hereinafter be referred to as "SEC" or "Commission".