Signed by Governor Jim Justice, Jr.

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that increases limits on campaign contributions donated to candidates and political action committees.

Highlights:

• Defines “contribution” as a gift, subscription, loan, assessment, payment for services, dues, advance, donation, pledge, contract, agreement, forbearance, promise of money, or other tangible thing of value whether conditional or legally enforceable, or a transfer of money or other tangible thing of value to a person, made for the purpose of influencing the nomination, election, or defeat of a candidate (Article 8).

• Specifies that a coordinated expenditure is a contribution for the purposes of this act (Article 8).

• Defines “coordinated expenditure” as an expenditure made in cooperation with or at the request or suggestion of a candidate or candidate’s committee (Article 8).

• Specifies that a person, political party, or political action committee may not contribute more than $2,800 either directly or indirectly to a candidate or candidate’s committee seeking nomination (Article 8).

• Defines “political party” to include any committee established, financed, maintained, or controlled by the party, including any subsidiary, branch, or local unit thereof and any national or regional affiliates of the party (Article 8).

• Defines “candidate’s committee” as a political committee established with the approval or cooperation of the candidate to explore the possibilities of seeking a particular office or to support or aid his or her nomination or election (Article 8).

• Specifies that if a candidate directs or influences the activities of 1 or more active committees, including corporate political action committees in a current campaign then those committees shall be considered 1 committee for the purpose of contribution limits (Article 8).

• Defines “political action committee” as a committee organized by one or more individual for the primary purpose of supporting or opposing the nomination or election of 1 or more candidates, including the following committees (Article 8):

• Corporate political action committees;

• A membership organization; and

• Unaffiliated political action committees.

• Defines “membership organization” as a group that grants bona fide rights and privileges, such as the right to vote, to elect officers or directors, and the ability to hold office to its members and which uses a majority of its membership dues for purposes other than political and specifies that membership organizations do not include organizations that grant membership upon receiving a contribution (Article 8).

• Specifies that any individual who makes an independent expenditure in excess of $1,000 shall document all of the following information, including (Article 8):

• The name of the individual making the expenditure or anyone sharing in direction or control;

• The name of the custodian of the books and accounts of the individual making the expenditure;

• If the individual making the expenditure is an entity, the principal place of business for the partnership, corporation, committee, association, organization, or group which made the expenditure;

• The elections to which the independent expenditure pertain, and the names of the candidates referred to; and

• The name and address of any individual who contributed a total of more than $250 between January 1 and the disclosure date, and whose contributions were made for the purpose of furthering the expenditure.

• Increases other requirements for contributors making independent expenditures on behalf of political action committees, including documenting the following information free for public access (Article 8):

• The month, day, and year that the contributions of any single contributor exceeded $250;

• If contributor is a political action committee then the name and address registered with the Secretary of State, county clerk, or municipal clerk;

• If the contributor is an individual than their address, occupation, name and address of current employer, or if self-employed then the name and address of the individual’s business;

• A description of the contribution if something other than money and the value in dollars and cents; and

• A certification that such independent expenditure was not made in cooperation, consultation, or at the request or suggestion of any candidate or authorized committee or agent of such candidate.

• Prohibits a foreign national from directly or indirectly making an independent expenditure or disbursement for electioneering communication related to state or local elections or a contribution or donation, or an express or implied promise to make a contribution or donation to a candidate's committee, political committee, or political party (Article 8).

• Specifies that an individual shall be guilty of a misdemeanor and subject to a fine between $500 and $1,000 or a jail term if they fail to comply with the above provisions on electronically documenting and disclosing their independent expenditures (Article 8).

• Authorizes the Secretary of State to publish online a list of all names of individuals who failed to file, or submitted late to the state their independent expenditures made in the previous 5 years to that election cycle (Article 8).

• Requires that individual candidates themselves pay fines for late reporting on their campaign finance records (Article 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendments a bill that increases limits on campaign contributions donated to candidates and political action committees.

Highlights:

• Defines “contribution” as a gift, subscription, loan, assessment, payment for services, dues, advance, donation, pledge, contract, agreement, forbearance, promise of money, or other tangible thing of value whether conditional or legally enforceable, or a transfer of money or other tangible thing of value to a person, made for the purpose of influencing the nomination, election, or defeat of a candidate (Article 8).

• Specifies that a coordinated expenditure is a contribution for the purposes of this act (Article 8).

• Defines “coordinated expenditure” as an expenditure made in cooperation with or at the request or suggestion of a candidate or candidate’s committee (Article 8).

• Specifies that a person, political party, or political action committee may not contribute more than $2,800 either directly or indirectly to a candidate or candidate’s committee seeking nomination (Article 8).

• Defines “political party” to include any committee established, financed, maintained, or controlled by the party, including any subsidiary, branch, or local unit thereof and any national or regional affiliates of the party (Article 8).

• Defines “candidate’s committee” as a political committee established with the approval or cooperation of the candidate to explore the possibilities of seeking a particular office or to support or aid his or her nomination or election (Article 8).

• Specifies that if a candidate directs or influences the activities of 1 or more active committees, including corporate political action committees in a current campaign then those committees shall be considered 1 committee for the purpose of contribution limits (Article 8).

• Defines “political action committee” as a committee organized by one or more individual for the primary purpose of supporting or opposing the nomination or election of 1 or more candidates, including the following committees (Article 8):

• Corporate political action committees;

• A membership organization; and

• Unaffiliated political action committees.

• Defines “membership organization” as a group that grants bona fide rights and privileges, such as the right to vote, to elect officers or directors, and the ability to hold office to its members and which uses a majority of its membership dues for purposes other than political and specifies that membership organizations do not include organizations that grant membership upon receiving a contribution (Article 8).

• Specifies that any individual who makes an independent expenditure in excess of $1,000 shall document all of the following information, including (Article 8):

• The name of the individual making the expenditure or anyone sharing in direction or control;

• The name of the custodian of the books and accounts of the individual making the expenditure;

• If the individual making the expenditure is an entity, the principal place of business for the partnership, corporation, committee, association, organization, or group which made the expenditure;

• The elections to which the independent expenditure pertain, and the names of the candidates referred to; and

• The name and address of any individual who contributed a total of more than $250 between January 1 and the disclosure date, and whose contributions were made for the purpose of furthering the expenditure.

• Increases other requirements for contributors making independent expenditures on behalf of political action committees, including documenting the following information free for public access (Article 8):

• The month, day, and year that the contributions of any single contributor exceeded $250;

• If contributor is a political action committee then the name and address registered with the Secretary of State, county clerk, or municipal clerk;

• If the contributor is an individual than their address, occupation, name and address of current employer, or if self-employed then the name and address of the individual’s business;

• A description of the contribution if something other than money and the value in dollars and cents; and

• A certification that such independent expenditure was not made in cooperation, consultation, or at the request or suggestion of any candidate or authorized committee or agent of such candidate.

• Prohibits a foreign national from directly or indirectly making an independent expenditure or disbursement for electioneering communication related to state or local elections or a contribution or donation, or an express or implied promise to make a contribution or donation to a candidate's committee, political committee, or political party (Article 8).

• Specifies that an individual shall be guilty of a misdemeanor and subject to a fine between $500 and $1,000 or a jail term if they fail to comply with the above provisions on electronically documenting and disclosing their independent expenditures (Article 8).

• Authorizes the Secretary of State to publish online a list of all names of individuals who failed to file, or submitted late to the state their independent expenditures made in the previous 5 years to that election cycle (Article 8).

• Requires that individual candidates themselves pay fines for late reporting on their campaign finance records (Article 8).

Full Bill Text