West Virginia Code of State Rules Agency 146 - Election Commission
The West Virginia Code of State Rules, Agency 146, specifically outlines the regulations for the West Virginia Election Commission. This commission plays a crucial role in maintaining the integrity and proper functioning of elections within the state.
Here's a breakdown of what you'll find under Agency 146:
Primary Focus: Campaign Finance Regulation (Series 146-03)
The most prominent series under Agency 146 is 146-03: Regulation of Campaign Finance. This set of rules is comprehensive and covers various aspects of how political campaigns are funded and how those funds are reported. Key areas include:
General Provisions: Establishing the overall framework for campaign finance.
Definitions: Clarifying terms used throughout the regulations.
Contributions: Detailing rules for contributions to primary and general elections, as well as for inaugural events. This includes:
Contribution Limitations, Sources, and Restrictions: Setting limits on how much can be contributed, from whom, and any prohibited sources.
Lawful Expenditures: Defining what constitutes permissible spending by campaigns and political committees.
Disposing of Excess Campaign Assets, Terminating a Political Committee: Procedures for handling leftover funds and closing down a committee.
Receiving, Distributing, and Reporting Contributions and Expenditures: Detailed requirements for how contributions and expenditures are recorded, reported, and disclosed to the public.
State and Local Activity by Federal Committees: Rules governing the involvement of federal political committees in state and local elections.
Solicitation for Political Purposes: Regulations on how political donations can be solicited.
Procedures for Levying Civil Penalties: Outlining the process for enforcing violations of campaign finance laws and imposing penalties.
Political Disclaimers: Requirements for disclaimers on political advertising and communications.
Broader Responsibilities of the Election Commission:
Beyond campaign finance, the West Virginia Election Commission has several other important duties, often working in an advisory capacity with the Secretary of State (who is an ex officio member of the commission):
Voting Machine Approval: Historically, a core duty has been to approve voting machines and devices for use in West Virginia elections.
Advisory Role to the Secretary of State: The Commission advises the Secretary of State on:
Policies and practices related to voter registration and election conduct.
Reviewing the Secretary of State's election-related work.
Studying election practices in other jurisdictions to identify ways to eliminate fraud and simplify procedures.
Making recommendations to the Governor regarding election practices and policy.
Advising on and carrying out duties related to the West Virginia Supreme Court of Appeals Public Campaign Financing Program.
Educational Materials: Responsible for providing nonpartisan educational materials to voters and local officials about election laws and the importance of voting.
Rule Promulgation: Proposing and promulgating legislative and emergency rules as necessary for the proper administration of election laws, particularly concerning campaign finance.
Minutes and Records: Maintaining public records of its meetings and transactions.
The West Virginia Election Commission is a bipartisan body, typically composed of two Democrats and two Republicans appointed by the Governor, ensuring a balanced approach to election oversight.
You can find the full text of these rules on the West Virginia Secretary of State's website under their Administrative Law section, or through legal research platforms like the Legal Information Institute (LII) at Cornell Law School or Justia.
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