W. Va. Code R. § 146-5-12
Current through Register Vol. XLI, No. 44, November 1, 2024
Section 146-5-12 - Criminal Penalties12.1. A participating or certified candidate is guilty of a misdemeanor and, upon conviction, shall be fined not less than $50 nor more than $500, or confined in jail for up to thirty days or both for knowingly doing any of the following: 12.1.a. Personally or through his or her candidate's committee, accepting contributions or benefits in excess of what article 12 allows;12.1.b. Spending or obligating funds in excess of the public campaign funding to which he or she is entitled; or12.1.c. Using benefits or funds for a purpose other than those permitted under article 12.12.2. A participating or certified candidate is guilty of a misdemeanor and, upon conviction, shall be fined not less than $1,000 nor more than $10,000, or confined to jail for up to one year or both for the following violations: 12.2.a. Personally or through his or her candidate's committee or financial agent, providing false information to the Secretary or the SEC;12.2.b. Concealing or withholding information from Secretary or SEC.12.3. The SEC, upon receipt of information that suggests a violation may have occurred, shall cause the allegations or suggestions to be investigated by appropriate employees of the Secretary.12.3.a. The participating candidate will be given notice of the issues, allegations, and facts being investigated and will be permitted an opportunity to respond.12.3.b. At the conclusion of the investigation, a confidential report will be submitted to the SEC.12.3.c. The SEC will review the report in executive session and will determine, by majority vote, whether to recommend prosecution.12.4. If a determination is made to recommend prosecution, a report will be prepared and presented to the prosecutor with appropriate jurisdiction.12.5. All investigations and reports, and individuals involved, are subject to the non-disclosure provisions of W. Va. Code § 3-8-8(i).W. Va. Code R. § 146-5-12