W. Va. Code R. § 146-5-3

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 146-5-3 - Exploratory Period; Contributions; Expenditures

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.

3.6. Receipts.

3.6.1. Each exploratory contribution must be accompanied by a written receipt. Receipt forms will be provided by the SEC.

3.6.2. For contributions of $250 or more, the receipt must include:

3.6.2.a. The name of the participating candidate for whom the contribution is being made;

3.6.2.b. The contributor's name, residence and mailing address;

3.6.2.c. The contributor's business affiliation and occupation;

3.6.2.d. The amount of the contribution; and

3.6.2.e. A disclosure notifying the contributor any amount contributed counts against the $1,000 limit on contributions to any candidate for an election.

3.6.3. For contributions of less than $250, the receipt must include:

3.6.3.a. The name of the participating candidate for whom the contribution is being made;

3.6.3.b. The contributor's name;

3.6.3.c. The amount of the contribution;

3.6.3.d. A disclosure statement notifying the contributor any amount contributed counts against the $1,000 limit on contributions to any candidate for an election; and

3.6.4. Receipts for contributions of less than $250 must also comport to the disclosure and reporting requirements of W.Va. Code § 3-8-5a.

3.6.5. Receipts, expenditures and obligations shall be reported to the Secretary at the beginning of each month.

3.6.5.a. Reports shall be made electronically.

3.6.5.b. A committee may apply to the Commission for an exemption pursuant to W.Va. Code § 3-8-5b(c).

3.7. Exploratory contributions in excess of $20,000 in the aggregate must be sent on the first of each month to the Commission for deposit in the Fund.

3.8. A participating candidate must comply with the restrictions on campaign contribution and expenditures in section 9 and the reporting requirements of section 11 of this rule.

3.9. A candidate who decides not to run for office shall pay to the Fund all unspent or unobligated exploratory contributions.

3.10. A candidate who fails to qualify or decides to run for office as a non-participating candidate may use unspent or unobligated exploratory contributions in accordance with articles 8 and 12, chapter 3, of the West Virginia Code.

W. Va. Code R. § 146-5-3