Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
               Introduced Senate Bill 747
              By Senator Woodrum [Introduced February 12, 2024; referred to the Committee on Government Organization]
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  A BILL to amend and reenact §3-8-2c of the Code of West Virginia, 1931, as amended, relating to
          authorized uses of political party headquarters’ funds and funding sources to include
          corporate contributors.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
     §3-8-2c. Party headquarters committee; detailed accounts and verified financial statements; funding for headquarters; limitations; reporting requirements.
          (a) Notwithstanding the definitions contained in section one-a of this article, for purposes of
  this section:
          (1) "Contribution" means a gift, subscription, loan, assessment, payment for services,
  dues, advance, donation, pledge, contract, agreement, forbearance or 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 funding the rental, purchase,
  construction or financing of the lease, purchase or construction of a party headquarters, and for
  the utilities, maintenance, furniture, fixtures, and equipment for the party headquarters. An offer or
  tender of a contribution is not a contribution if expressly and unconditionally rejected or returned. A
 contribution does not include volunteer personal services provided without compensation:
 Provided, That a nonmonetary contribution is to be considered at fair market value for reporting
 requirements and contribution limitations.
         (2) "Party headquarters" means a physical structure or structures that is the physical
 location of the office of a state executive committee of a political party.
         (3) "Party headquarters committee" includes any person, organization or group of persons
 soliciting or receiving contributions for the purpose of funding the lease, purchase, construction or
 financing of the lease, purchase, or construction of a party headquarters, including utilities,
 maintenance, furniture, fixtures, and equipment for the party headquarters, or for a county
 executive committee's headquarters.
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         (4) "County executive committee" means the executive committee of a political party, as
 defined by §3-1-8 of this code, which is situate in, and responsible for, the conduct of that party's
 business in one of the constituent counties of the state.
         (b) A political party, or a county executive committee of a political party, may establish a
 party headquarters committee to solicit and receive contributions for the exclusive purpose of the
 purchase, construction or lease of an office building or financing of the lease, purchase, or
 construction of a party headquarters, including utilities, maintenance, furniture, fixtures, and
 equipment, to be used as a state political party's headquarters, or, as a county executive
 committee’s headquarters. Such funds may also be used for the purpose of paying fundraising
 consulting fees or campaign finance compliance fees to a consultant or vendor for the
 maintenance of the party headquarters account.
         (c) Contributions received pursuant to this section may not be expended for:
         (1) The purchase, construction or lease of satellite offices or other facilities;
         (2) Utilities, maintenance, furniture, fixtures, equipment or signage for satellite offices or
 other facilities; or
         (3) Political purposes.
         (d) A party headquarters committee may not accept unlimited contributions in excess of
 $10,000, in the aggregate from any person, corporation, or political action committee, or entity, for
 the purposes of this section. A party headquarters committee may accept unlimited transfers of
 funds from another party headquarters committee of that same political party.
         (e) A party headquarters committee may not receive contributions or make expenditures
 for the purpose of funding the rental, purchase, construction, or financing of a state executive
 committee headquarters, or a county executive committee’s headquarters, which are in excess of
 $1 million
         (f) (1) A party headquarters committee, financial agent, or any person or officer acting on
 behalf of the committee, that is subject to the provisions of this section, shall file a verified financial
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 statement with the Secretary of State, on a form prescribed by the secretary, within 90 days of any
 contribution or expenditure in excess of $250.
        (2) Each financial statement shall contain, but is not limited to, the following information:
        (A) The name, residence and mailing address and telephone number of the party
 headquarters committee, financial agent, or any person or officer acting on behalf of the
 committee, who is filing the financial statement.
        (B) The balance of cash, and any other sum of money, on hand at the beginning and the
 end of the period covered by the financial statement.
        (C) The name of any person making a contribution, the amount of the contribution, and the
 residence and mailing address of the contributor.
        (D) The total amount of contributions received during the period covered by the financial
 statement.
        (E) The name, residence and mailing address of any individual or the name and mailing
 address of each lending institution making a loan, the amount of any loan received, the date and
 terms of the loan, including the interest and repayment schedule, and a copy of the loan
 agreement.
        (F) The name, residence, and mailing address of any individual, or the name and mailing
 address of each partnership, firm, association, committee, organization, or group having
 previously made or cosigned a loan for which payment is made or a balance is outstanding at the
 end of the period, together with the amount of repayment on the loan made during the period and
 the balance at the end of the period.
        (G) The total outstanding balance of all loans at the end of the period.
        (H) The name, residence, and mailing address of any person to whom each expenditure
 was made, or liability incurred, together with the amount and purpose of each expenditure or
 liability incurred, and the date of each transaction.
        (I) The total amount of expenditures made during the period covered by the financial
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 statement.
        (3) The Secretary of State shall file and retain the statements as public records for not less
 than six years.
        (g) Contributions received by a party headquarters committee may be contributed to any
 educational, cultural, or charitable organization.
        (h) The Secretary of State shall propose rules for legislative approval in accordance with
 §29A-3-1 et seq. of this code to effectuate the provisions of this section.
            NOTE: The purpose of this bill is to authorize uses of political party headquarters funds and funding sources to include corporate contributors.
            Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected: 
Introduced Version: 3-8-2c