SERIES 3 …

                                        SERIES 3

                            REGULATION OF CAMPAIGN FINANCE

Sec.

146­3­1.     General.

146­3­2.     Definitions.

146­3­3.     Contributions for Primary and General Elections.

146­3­4.     Contributions for Inaugural Events.

146­3­5.     Contribution Limitations and Sources.

146­3­6.     Lawful Expenditures.

146­3­7.     Disposing   of    Excess   Campaign   Assets,   Terminating   a   Political
Committee.

146­3­8.    Receiving,        Distributing   and     Reporting    Contributions     and
Expenditures.

146­3­9.     State and Local Activity by Federal Committees.

146­3­10.    Solicitation for Political Purposes.

146­3­11.    Procedures for Levying Civil Penalties

146­3­12.    Penalty Provision.


§ 146­3­1. General.

      1.1. Scope.--This rule clarifies and provides for implementation of state
law relating to the regulation of campaign finance, reporting requirements and
prohibited activities set forth under W. Va. Code § 3­8­1 et seq.
     1.2. Authority.--W. Va. Code § 3­1A­5.

     1.3. Filing Date.--April 25, 2000.

     1.4. Effective Date.--June 12, 2000.

§ 146­3­2. Definitions.

      2.1. "Ballot issue" means a constitutional amendment, special levy, bond
issue, local option referendum, municipal charter adoption or revision, an
increase or decrease of corporate limits, or any other question placed before
the voters under the provisions of the West Virginia Code.

      2.2. "Ballot issue committee" means a political committee established
solely for the purpose of advocating or opposing a ballot issue and which makes
no expenditures to or on behalf of a candidate, political party or other
political committee.

      2.3. "Business affiliation" means the name of an individual's employer,
or the name of the firm, business or organization, if any, with which a
self-employed individual is primarily affiliated.

     2.4. "Candidate" means an individual who:

      2.4.1. has filed a certificate of announcement under W. Va. Code § 3­5­7
or a municipal charter;

     2.4.2. has filed declaration of candidacy under W. Va. Code § 3­5­23;

     2.4.3. has been named to fill a vacancy on a ballot;   or

      2.4.4. has declared a write-in candidacy or otherwise publicly declared
his or her intention to seek nomination or election to a state, district,
county or municipal office or party office to be filled at any primary, general
or special election.

      2.5. "Candidate's committee" means a political committee established with
the approval of or in cooperation with one pre-candidate or candidate to
explore the possibilities of seeking a particular office and/or to advocate his
or her nomination or election to an office in one election cycle.         If a
candidate directs or influences the activities of more than one committee,
those committees shall be considered one committee for the purpose of
contribution limits.

      2.6. "Election" means any primary, general or special election conducted
under the provisions of this code or under the charter of any municipality.

      2.7. "Grossly incomplete or grossly inaccurate" means that a financial
statement as defined under W. Va. Code § 3­8­5 is missing information required
by W. Va. Code § 3­8­1 et seq and State Election Commission, Regulation of
Campaign Finance, 146 CSR 3.

      2.8. "Necessary traveling and hotel expenses" includes mileage at a rate
not to exceed the current state-mandated reimbursement rate per mile or direct
charges for transportation and itemized food and lodging costs incurred
specifically for the purpose of campaigning or conducting the organizational,
political or financial business of a political committee or candidate's
campaign.   The term does not include the purchase cost of any vehicle, or
expenditures for traveling and hotel expenses incurred for activities which
result primarily in personal benefit and are not directly and specifically
undertaken for political purposes.

      2.9. "Nominal noncash expressions of appreciation" means a token of
appreciation, having a cash value of three dollars ($3.00) or less, given to
volunteer or paid campaign workers following the close of the polls or within
30 days thereafter.

      2.10. "Occupation" means the principal work activity which is described
by a general term such as teacher, miner, business executive, homemaker or
doctor.

      2.11. "Political committee" means an association of persons, an
organization of any kind, or any two (2) or more persons acting together,
wholly or in part, to receive or expend money or other thing of value for
political purposes.

      2.11.1. This definition includes but is not limited to political party
executive committees, other committees operating in conjunction with a
political party or using a political party name, political action committees
and any other organizations, whether temporarily or permanently established,
using any portion of their funds for political purposes.

      2.11.2. This definition shall not include family members or members of a
partnership acting together to make joint or individual contributions to a
candidate or political committee.

      2.12. "Political purposes" means advocating or opposing the nomination,
election or defeat of one or more candidates, supporting the administration or
activities of an established political party or an organization which has
declared itself a political party, supporting the administration or activities
of a political committee, advocating or opposing the passage or defeat of a
ballot issue, determining the advisability of becoming a candidate under the
pre-candidacy financing provisions, and supporting the retirement of the debt
of a candidate or political committee incurred for any of the purposes set
forth in this subsection.

      2.13. "Pre-candidate" means, for the purpose of this rule, an individual
who has filed a pre-candidacy statement under the provisions of W. Va. Code §
3­8­5e but has not yet filed a certificate of announcement or declaration of
candidacy.    This definition does not exclude a pre-candidate from the
requirements and prohibitions relating to candidates in the West Virginia Code.

      2.14. "Solicit" or "solicitation" means the act of asking, suggesting,
requiring or inviting, either orally or in writing, a person or persons,
organization of any kind, political committee or other entity to give a
contribution or other thing of value for political purposes, as defined in this
section.
      2.15. "Treasurer" means an individual designated to act on behalf of a
political committee to conduct the financial transactions of the committee.
For the purposes of this rule, the term "treasurer" shall be used in place of
"financial agent" as defined in W. Va. Code § 3­8­4 when the individual acts on
behalf of more than one candidate or person.

§ 146­3­3. Contributions for Primary and General Elections.

      3.1. A contribution to a pre-candidate or pre-candidate's committee is a
contribution in connection with a primary election.

      3.2. A contribution to a candidate or candidate's committee is a
contribution in connection with a primary election in the following
circumstances:

      3.2.1. For a candidate for nomination or election in the primary or for
nomination by petition, all contributions received on or before the primary
election day;

      3.2.2. For a candidate nominated in the primary election, a contribution
received after the primary which is designated in writing on the financial
report, with the consent of the contributor, as a contribution for the primary
election, providing the aggregate of all these designated contributions do not
exceed the total of unpaid bills, loans or other financial obligations incurred
for the primary election;

      3.2.3. For a candidate defeated for nomination in the primary election,
all contributions received after the primary, not to exceed the total of unpaid
primary election expenses; and

      3.2.4. For a candidate for nomination in a party convention,          all
contributions received on or before the day of that convention.

      3.3. A contribution to a candidate or candidate's committee is a
contribution in connection with a general or special election in the following
circumstances:

      3.3.1. For a candidate nominated in a primary election or party
convention, all contributions, except those designated as primary contributions
under subdivision 3.2.2, of this section received after the nomination and not
later than the date when all debts, loans or other financial obligations of the
general election campaign have been repaid; and

      3.3.2. For a candidate appointed to fill a vacancy on the general or
special election ballot by a party executive committee, all contributions
received in connection with the election and not later than the date when all
debts, loans or other financial obligations of the general election campaign
have been repaid.

      3.4. A contribution to a political committee, other than a candidate's
committee, acting for political purposes in both the primary and general
election is a contribution:

     3.4.1. In connection with a primary election, if the contribution is
received on or after the last Saturday in March of a non-election year and by
the date of the primary election in the following calendar year (for example,
from March 27, 1999, to May 8, 2000); and

      3.4.2. In connection with a general election, if the contribution is
received after the date of a primary election and not later than the day before
the last Saturday of March of the following calendar year (for example, from
May 10, 2000 to March 24, 2001).

      3.5. A contribution to a political committee acting for political
purposes only in one election is a contribution in connection with that
election.

§ 146­3­4. Contributions for Inaugural Events.

      4.1. An inaugural committee established for the purpose of soliciting or
receiving contributions for the funding of all or any part of an inaugural
event for any person elected to any state public office shall file a verified
financial statement with the Secretary of State's Office relating to any
contributions from one person in excess of two hundred fifty dollars ($250.)

      4.2. An inaugural committee shall file and retain detailed records of any
contribution from one person in excess of two hundred fifty dollars ($250.).

      4.3. For purposes of this section, "detailed records" shall contain the
following information:

     4.3.1 The full name of each person, firm, association or committee;

      4.3.2 The residence and mailing address of     the   contributor   and   may
include a business telephone number, if available;

      4.3.3 In the case of an individual, his or her major business affiliation
and occupation; and

     4.3.4 The amount of the contribution.

      4.4. The inaugural committee, financial agent or any person or officer
acting on behalf of the committee shall file a sworn and notarized financial
statement, containing the information required by subsection 4.3 of this
section for each person making a contribution in excess of two hundred fifty
dollars ($250.), within ninety (90) days following the inaugural event.

      4.5. The sworn and notarized financial statement shall be on a form
prescribed by the State Election Commission.

      4.6. Aggregate contributions of any person to any inaugural committee
shall not exceed $5,000.

      4.7. Excess campaign funds, as defined in section 7 of this rule, may not
be transferred to an inaugural committee.

§ 146­3­5. Contribution Limitations and Sources.
      5.1. Limitations on contributions to candidates for national elective
office (including President, Vice President, U.S. Senate and U.S. House of
Representatives) are established in Chapter 14, Title 2 of the United States
Code and the Code of Federal Regulations and are not subject to regulation by
the states.     The Federal Election Commission regulates federal campaign
activity.    (FEC, 999 E Street, N. W., Washington, D.C. 20463 Telephone
(800)424­9530)

      5.2. Aggregate contributions from one person to a candidate or political
committee in connection with a primary election may not exceed one thousand
dollars ($1,000).   Aggregate contributions from one person to a candidate or
political committee in connection with a general or special election may not
exceed one thousand dollars ($1,000). Aggregate contributions from one person
to a State political party executive committee may not exceed one thousand
dollars ($1,000.) in any calendar year. The term person is defined by W. Va.
Code § 3­8­4.

      5.3. A contribution made by a business licensed as a sole proprietorship
is a contribution made by the owner of that sole proprietorship. The aggregate
contribution limits apply to all contributions to a candidate or political
committee made by that owner, whether from personal or business funds.

      5.4. A contribution made by a business licensed as a partnership is a
contribution which shall be apportioned to the ownership interest of the
partners.    The aggregate contribution limits apply to contributions to a
candidate or political committee made by each partner whether from personal
funds or from the contributor's share of partnership funds.

      5.5. A husband and wife may each contribute one thousand dollars ($1,000)
to the same candidate or political committee in connection with the same
election, regardless of the source of family income.

      5.6. A contribution made by check drawn on a joint personal account shall
be attributed to the person who signed the check, or equally to the persons
signing the check, unless otherwise specified in writing by the contributor.

      5.7. Minor children (children under eighteen (18) years of age) may
contribute up to one thousand dollars ($1,000) to a candidate for an election
if:

      5.7.1. The decision to contribute is made knowingly and voluntarily by
the minor child;

      5.7.2. The funds, goods or services contributed are owned and controlled
by the minor child, such as income earned by the child, the proceeds of a trust
for which the child is the beneficiary, or a savings account opened and
maintained in the child's name; and

      5.7.3. The contribution is not made from the proceeds of a gift, the
purpose of which was to provide funds to be contributed or is not in any other
way controlled by another individual.

      5.8. When a contributor designates all or part of a contribution for the
benefit of a particular candidate and makes that contribution to a political
committee acting with the approval or control of that candidate, the
contribution shall be considered to be an indirect contribution to the
designated candidate and is subject to the aggregate contribution limits for
that candidate.

      5.9. A candidate or candidate's committee established for one primary and
general election may transfer excess campaign assets to the same candidate's
campaign or committee for a subsequent election year, and the transfer is not
limited by aggregate contribution limits.

      5.10. The aggregate contribution by a person to a ballot issue committee
is not limited;   and corporate contributions to a ballot issue committee are
not prohibited.

      5.11. Transfers of contributions by a political committee established as
a federal committee under the regulation of the Federal Election Commission
(FEC) from the committee's federal account to a state account shall not be made
for the purpose of allowing any contributor to exceed the maximum contribution
per election to the state account.

      5.12. If a candidate or candidate's committee has excess campaign funds
at the time of filing the post election financial report, no further
contributions may be accepted until the candidate files a pre-candidacy
statement for a subsequent election.

      5.13. If a candidate or candidate's committee has debts, outstanding
loans or unpaid bills at the time of filing the post election financial report,
further contributions may be accepted only until an amount sufficient to repay
the debts and outstanding loans has been received.

§ 146­3­6. Lawful Expenditures.

      6.1. Funds belonging to or received by a candidate or political committee
for political purposes may be used to employ persons to perform those functions
enumerated in W. Va. Code § 3­8­9, either on a full-time, part-time or
temporary basis, providing the provisions of State Election Commission,
Regulation of Campaign Finance, 146 CSR 3 are complied with.

      6.2. Funds belonging to or received by a candidate or political committee
for political purposes may be used for reasonable office expenses enumerated in
W. Va. Code § 3­8­9.

      6.3. No money or thing of value derived from contributions received by a
candidate or political committee may be paid to or given to any person, except:

      6.3.1. as lawful payment for goods provided, services         rendered   or
reimbursement of expenses incurred for political purposes;

      6.3.2. as food, entertainment or costs incidental to a fund-raising event
or public meeting;

      6.3.3. as printed campaign promotional    items   of   nominal value which
clearly identify the candidate, or party; or
      6.3.4. as a nominal noncash expression of appreciation to campaign
workers as defined in subsection 2.12 of this rule, following the close of the
polls or within 30 days thereafter.

      6.4. A candidate may be reimbursed from contributions received for lawful
election expenses paid from the personal funds of the candidate, providing
receipts are retained and those itemized expenditures are reported in a timely
manner as required by law.

      6.5. No candidate may receive any payment of money or other thing of
value for personal use from funds solicited or received for political purposes
on his or her behalf, except as reimbursement as provided in subsection 6.4 of
this rule.

§ 146­3­7.   Disposing   of   Excess   Campaign   Assets,   Terminating     a   Political
Committee.

      7.1. Excess campaign assets are those monies, materials, equipment or
other things of value derived from contributions which:

      7.1.1. remain in the possession of the pre-candidate or pre-candidate's
committee at the conclusion of pre-candidacy when the pre-candidate decides not
to become a candidate;

      7.1.2. remain in the possession of the candidate or candidate's committee
after the candidate loses in the primary election or after the candidates
general election and after debts, loans and other liabilities are repaid; or

      7.1.3. belong to    a   political   committee   which   wishes   to   discontinue
activity and dissolve.

     7.2. Excess campaign assets may be lawfully:

      7.2.1. transferred from a candidate's committee organized for one
election year to the same candidate's committee for a subsequent election year,
providing that candidate has filed a pre-candidacy statement and a statement of
organization of the new committee before the transfer is made;

      7.2.2. distributed for a lawful election expense enumerated in W. Va.
Code § 3­8­9 by making a contribution to one or more political party
committees, other political committees or candidates;

     7.2.3. returned on a pro-rata basis to each contributor;

      7.2.4. subject to Internal Revenue Service regulations relating to
personal income, used by the candidate to defray any ordinary and necessary
expenses incurred in connection with his or her duties as a holder of public
office;

     7.2.5. contributed to any charitable organization;        or

      7.2.6. transferred to any national, state or local committee of any
political party.
      7.3. No person may receive or utilize excess campaign assets for personal
economic benefit or use.

      7.3.1. Subject to subdivision 7.2.4 of           this section, supplies or
equipment purchased by an office holder and used        to defray any ordinary and
necessary expenses incurred in connection with his     or her duties as a holder of
public office becomes the property of the state,       or the district, county, or
municipality in which the office is held.

      7.4. No candidate, financial agent or treasurer may distribute excess
campaign assets through personal gifts, promotional items or other expenditures
not authorized by W. Va. Code § 3­8­9.

      7.5. A political committee which is solvent and has no outstanding debts
or obligations may terminate its existence by:

      7.5.1. filing a statement of dissolution with the Secretary of State, if
the political committee was formed in support of a candidate for nomination or
election to any office to be filled by voters of the entire state, or a
candidate for nomination or election for any office encompassing an election
district larger than a county, or the passage or defeat of any issue, thing or
item to be voted upon, encompassing an election larger than a county; or

      7.5.2. filing a statement of dissolution with the county clerk or
municipal clerk or recorder, or other such election officer as defined in State
Election Commission, Regulation of Campaign Finance, 146 CSR 3, as may be
determined proper by the Secretary of State, if the political committee was
formed in support of a candidate for nomination or election to any office to be
filled by voters of a county or district therein, or for the passage or defeat
of any issue, thing or item to be voted upon, encompassing the electorate of a
county or district therein; and,

      7.5.3. stating within the written request that the political committee
will no longer receive any contributions or make any disbursements; and,

      7.5.4. stating within the written request that the political committee
has no outstanding debts or obligations; and,

      7.5.5. stating within the written request that any excess funds of the
political committee will be transferred to a political committee established by
the same candidate, or established for the passage or defeat of the same issue,
thing or item, or will be otherwise disbursed pursuant to subsection 6.2 of
this rule.

      7.6. The Secretary of State's Office may, upon the request of the
committee, make determinations as to the solvency or insolvency of a political
committee, including:

     7.6.1 the orderly liquidation of an insolvent political committee;

      7.6.2. the orderly application of the assets of an insolvent political
committee toward reduction of its outstanding debts;

     7.6.3.   the   assessment   of   any   forgiven   debts   as   being   political
contributions;    and,

      7.6.4. the termination of an insolvent political committee after the
liquidation and application of assets.

§   146­3­8.     Receiving,     Distributing      and   Reporting     Contributions      and
Expenditures.

      8.1. The treasurer of a political committee receives all contributions
and disburses all funds, and it is unlawful for a person or persons other than
the treasurer to receive and disburse funds without the treasurer's knowledge
and participation.

      8.2. A candidate who does not appoint another person as financial agent
or organize a candidate's committee and appoint a treasurer at least
twenty-eight (28) days prior to the election at which he or she is to act shall
be considered to be the financial agent for his or her own campaign.

      8.3. A financial report shall include all financial transactions
occurring during the accounting period just completed, and any other financial
transactions which have not been reported previously. Financial reports shall
be in the form prescribed by the State Election Commission.

      8.4. For the purpose of financial accounting and reporting, an election
cycle is divided into accounting periods. The first accounting period brings
on the date of the first financial transaction.       The last day of each
accounting period is the day before the next financial report may be filed.
Accounting periods end on the following dates:

     8.4.1. the day before the last Saturday in March of each year;

     8.4.2. the eleventh day before the primary election;

     8.4.3. the twenty-fourth day after the primary election;

      8.4.4. the day     before     the   last   Saturday   in   September   preceding   the
general election;

     8.4.5. the eleventh day before the general election;            and

     8.4.6. the twenty-fourth day after the general election.

     8.5. Financial reports may be filed, pursuant to W. Va. Code § 3­8­5b,

     8.5.1. by mail;

     8.5.2. in person;        or,

     8.5.3. by facsimile or other electronic means of transmission.

      8.6. Filing dates for each method of delivery shall be determined as
follows:

     8.6.1. For mailings, the filing date is the date of the postmark of the
United States Postal Service;

      8.6.2. For hand delivery, the filing date, is the date of delivery to the
proper reporting agency or entity during regular business hours of such office;
 and

      8.6.3. For the facsimile or other electronic means of transmission, the
filing date is the date of delivery to the appropriate reporting agency or
entity during regular business hours of the office.

      8.7. Financial statements which are delivered by facsimile or other means
of electronic transmission shall be limited in length to fifteen (15) pages,
including a cover page.    When delivered by a facsimile or other electronic
means of transmission, original signed and sworn financial statements shall be
postmarked or hand delivered to the appropriate reporting agency or entity
within twenty-four (24) hours of the date of the facsimile or other means of
electronic transmission.

      8.8. For the purpose of reporting contributions, a contribution occurs on
the date the check, cash or other thing of value is received by the treasurer.
 No person acting as agent for the candidate, treasurer or committee shall
knowingly withhold a contribution from the treasurer to prevent the reporting
of the contribution until a later reporting period.

      8.9. For the purpose of reporting unpaid bills, a liability is incurred
on the date a bill for goods received or services rendered is received by the
treasurer.

      8.10. For the purpose of reporting expenditures, an expenditure is made
on the date the treasurer writes the check or transfers cash to any person to
pay for goods or services rendered. No transfer may be made to an intermediary
to avoid reporting an expenditure in a particular reporting period.

      8.11. Persons making independent expenditures          shall   report   those
expenditures according to W. Va. Code § 3­8­2.

§ 146­3­9. State and Local Activity by Federal Committees.

      9.1. Nothing in this rule shall be construed to exempt a federal
committee from the requirements of W. Va. Code § 3­8­1 et seq. as to monies or
other things of value received and disbursed for election expenses on behalf of
state and local candidates, political committees and ballot issues.

      9.2. When a federal committee maintains a state account, the treasurer
shall not place in its federal account, funds which have been designated by the
contributor for use in state, district, county and municipal election
activities. The funds shall be placed directly into the state account, and are
subject to state reporting requirements and contribution limits.

      9.3. The treasurer of a federal committee may not knowingly transfer into
a state account or disburse on behalf of a state or local candidate or
political committee any portion of an individual contributor's contribution
which exceeds one thousand dollars ($1,000) per election.
      9.4. A federal committee which maintains a state account may comply with
state reporting requirements by filing reports on the forms prescribed by the
Secretary of State under the rules and at the times required by the W. Va. Code
and State Election Commission, Regulation of Campaign Finance, 146 CSR 3.

      9.5. A federal committee which maintains only a federal account may
comply with state reporting requirements by filing with the applicable federal
report an addendum itemizing in the manner required by the West Virginia State
Code and State Election Commission, Regulation of Campaign Finance, 146 CSR 3:

     9.5.1. all contributions and loans received from West Virginia residents;

      9.5.2. all liabilities incurred or expenditures made to or on behalf of
any state or local candidate, political committee or ballot issue; or

      9.5.3. an oath given by the treasurer that the addendum contains a true
and correct report of all financial transactions relating to state and local
candidates, political committees or ballot issues in West Virginia.

§ 146­3­10. Solicitation for Political Purposes.

      10.1. No person may lawfully solicit and accept funds for political
purposes on behalf of any individual before that individual becomes a
pre-candidate or a candidate as defined in this rule.

      10.2. No person may lawfully solicit and accept funds on behalf of any
political committee before that committee files a statement of organization and
appoints a treasurer.

      10.3. No person may lawfully solicit and accept funds on behalf of any
candidate or any elected official if no outstanding debt remains from a
previous election, except in that a pre-candidate, candidate or political
committee may solicit or accept funds if pre-candidacy papers have been filed
for an upcoming primary or general election.

      10.4. A person who solicits funds to retire a debt incurred for political
purposes by a candidate or committee during a previous primary or general
election is soliciting funds in connection with that campaign for nomination or
election.

      10.5. A solicitation which is broadcast by radio or television or
published in a newspaper or other publication of general circulation shall not
be considered to violate any prohibition against solicitation of the members of
specific groups.

      10.6. A solicitation which is conducted randomly by such means as bulk
mail to boxholders, broad literature distribution in a geographic area, or
random-number telephone solicitations shall not be considered to violate any
prohibition against solicitation of the members of specific groups, providing
solicitations of the members of specific groups are not knowingly and purposely
included in the random solicitation.

      10.7. A solicitation directed to individuals by name shall not be
considered to violate the prohibition against solicitation of public employees
if that solicitation prominently contains the words "Please disregard if you
are a public employee" or words to that effect, providing solicitations of
members of prohibited groups are not knowingly and purposely included in the
solicitation.

      10.8. A solicitation specifically on behalf of one or more candidates for
President, Vice President, U.S. Senate or U.S. House of Representatives is
governed by the United States Code and the Code of Federal Regulations and is
not subject to regulation by the state.

      10.9. A solicitation within the state by a federal committee is subject
to the W. Va. Code and State Election Commission, Regulation of Campaign
Finance, 146 CSR 3, if all or part of any contribution received as a result of
the solicitation is used to support one or more candidates in West Virginia.

§ 146­3­11. Procedures for Levying Civil Penalties

      11.1. A campaign   finance   report   shall   not   be   grossly   incomplete   or
grossly inaccurate if:

      11.1.1. the filing officer has notified, by certified mail, the
individual or committee responsible for filing the report that the report is
incomplete or inaccurate;

      11.1.2. corrections to the report are received by the filing officer no
later than ten (10) days after the individual or committee has been notified of
the inaccuracies; and

      11.1.3. in the case of a financial statement due not less than seven nor
more than ten days preceding each primary or other election, corrections to the
report are received by the filing officer no later than twenty-four (24) hours
after the individual or committee has been notified of the inaccuracies or
deficiencies.

     11.2. A report shall be considered to be delinquent if:

      11.2.1. It is received after the deadlines established by W. Va. Code §
3­8­5; and

     11.2.2. It bears a U.S. Postal Service postmark dated after the deadline.

     11.3. A report shall not be considered delinquent if:

      11.3.1. The report is filed late due to the death of the candidate,
treasurer, or other individual responsible for filing the reports; or

      11.3.2. The report is filed late due to a serious illness of the
candidate, treasurer, or other individual responsible for filing the reports;
and

      11.3.3. A written notification of either death or serious illness is
received by the filing officer no later than sixty days after the last day the
financial statement is due.    Upon receipt of the notification, the filing
officer may grant an extension of time for the filing of the financial
statement.

§ 146­3­12. Penalty Provision.

      12.1. Any person violating the provisions of this rule is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less than one
thousand dollars, nor more than five thousand dollars, and shall be confined in
jail for not less than six months nor more than one year.


                                        SERIES 4

                                 ELECTION EXPENDITURES

Sec.

146­4­1.     General.

146­4­2.     Policy.

146­4­3.     Definitions.

146­4­4.     Exceptions.

146­4­5.     Payment Of Election Workers.

146­4­6.     Payment Of Campaign Staff.

146­4­7.     Reimbursement For Expenses Of Volunteer Election Workers.

146­4­8.    Employment      Of   Election   Workers   By   Candidates   Or   Candidate's
Authorized Committee.

146­4­9.     Employment Of Election Workers By Party Committees.

146­4­10.    Employment Of Election Workers By Political Action Committees.

146­4­11.    Forms.

146­4­12.    Severability.

146­4­13.    Penalties.


§ 146­4­1. General.

      1.1. Scope.--These legislative rules regulate the employment of election
workers and regular campaign staff, rate of payment, method of payment,
reporting requirements and forms utilized for compliance.    These legislative
rules apply to all municipal, county, state or national elections conducted in
this State.

      1.2. Authority.--W. Va. Code §§ 3­1A­5, 3­1A­6, 3­8­1, 3­8­11, 3­8­12, 3­
9­12, 3­9­13, 3­9­16 and West Virginia Supreme Court of Appeals Order No. 16884
     1.3. Filing Date.--May 24, 1996.

     1.4. Effective Date.--June 7, 1996.

§ 146­4­2. Policy.

      The Legislature through West Virginia Code subsection (d), section six,
article one-a;   section one, article eight;   subsection (c), section eleven;
subsection (e), section twelve, article eight; sections twelve, thirteen and
sixteen, article nine, all of chapter three clearly addresses the intent of the
Legislature to prevent the buying and selling of votes. Pursuant to statutory
authority, it is the policy of the State Election Commission and the Secretary
of State that unreasonable, excessive and grossly disproportionate expenditure
of money in relation to services rendered represents the buying of votes or
influence to obtain a public office.    The following rules are established to
carry out this policy.

§ 146­4­3. Definitions.

      3.1. "Paid Campaign Staff" means an individual employed by a candidate,
party committee or political action committee who works in excess of twenty
(20) hours per week on a regular and continuing basis and who is paid a regular
salary out of which is deducted withholding tax and social security
obligations.

      3.2. "Paid Election Worker" means an individual employed by a candidate,
party committee or political action committee on an intermittent, temporary or
irregular basis.

      3.3. "Volunteer Election Worker" means an individual providing services
to a candidate or committee without pay or other compensation for services, not
including expenses.

      3.4. "Committee" means an association of persons organized to advocate
the election or defeat or one or more candidates or the passage or defeat of
one or more ballot issues, and which is required to file a statement of
organization pursuant to West Virginia Code section four, article eight,
chapter three no later than twenty-eight (28) days before the election.

      3.5. "Candidate's Authorized Committee" means a committee organized for
the support of one (1) candidate with the knowledge and consent of that
candidate.

      3.6. "Party Committee" means the municipal, county, district or state
executive committee of a political party.

      3.7. "Political Action Committee" means a committee organized by one or
more individuals, corporations, associations, labor unions or organizations for
the purpose of advocating or opposing the nomination or election of one or more
candidates or the passage or defeat of one or more ballot issues.

      3.8. "Political Subdivision" means those precincts comprising the
electorial district from which a candidate is to be elected. (i.e. senatorial
district, delegate district)

§ 146­4­4. Exceptions.

      4.1. Payments for contracted services with a person or business licensed
to do business in the State of West Virginia are not limited by these
regulations: Provided, however, That payments to election workers or campaign
staff employed or provided by a licensed person or business on behalf of a
candidate or committee are subject to these regulations.    Such paid election
workers employed for election day work will be calculated as part of the total
paid workers allowed for that candidate or committee pursuant to Section 8 of
these rules.

      4.2. The number of volunteer election workers utilized on election day is
not limited by these regulations.

§ 146­4­5. Payment Of Election Workers.

      5.1. An election worker's pay, including direct or indirect payments for
expenses, shall not exceed six dollars ($6.00) per hour up to a maximum of
fifty dollars ($50.00) per day regardless of the source or sources of the
payment or the hours worked in any given day.

      5.2. Payment shall be by check for any and all services provided or
expenses incurred by any paid election worker.

      5.3. Any check issued for payment to any paid election worker shall
clearly indicate the name of the candidate or committee issuing the check, and
the name and social security number of the person to whom the check is issued.

      5.4. No check may be issued to any paid election worker before that
worker has submitted to the candidate or committee an itemized statement on a
form prescribed by the Secretary of State showing the specific work performed,
the times and dates of the work and the amount of pay to be issued by the
candidate or committee to the election worker for the work reported.

      5.5. The candidate or committee shall attach all itemized statements,
upon which payment was made, with the financial statement, for the reporting
period during which the check was issued.

      5.6. The candidate or committee shall comply with all Internal Revenue
Service laws, regulations and reporting requirements as they relate to the
payment of election workers.

§ 146­4­6. Payment Of Campaign Staff.

      6.1. Paid campaign staff may be paid in excess of fifty dollars ($50.00)
per day, but such pay may not exceed that which is reasonable and fairly
commensurate with similar services rendered in the private sector.

      6.2. Payment shall be by check for any or all service provided by any
paid campaign staff worker.

     6.3. Any check issued for payment to any paid campaign staff worker shall
clearly indicate the name of the organization or person issuing the check and
the name and social security number of the person to whom the check is issued.

      6.4. The candidate or committee shall file with the financial statement
the names and social security number of each paid campaign staff worker
employed during the reporting period covered by the financial statement, along
with the job title, description of duties, rate of pay, beginning and ending
employment dates and work schedule of each paid campaign staff worker.

      6.5. The candidate, party committee or committee shall comply with all
Internal Revenue Service laws, regulations and reporting requirements as they
apply to the payment of campaign staff.

§ 146­4­7. Reimbursement For Expenses Of Volunteer Election Workers.

      7.1. A candidate or committee may reimburse a volunteer election worker
for actual expenses incurred up to a maximum of fifteen dollars ($15.00) per
day, except

      7.1.1 That a volunteer election worker may, by presentment of a receipt
or receipts for the expenditures, be reimbursed for out-of-pocket purchases of
goods or services made for the candidate or committee.       Such out-of-pocket
expenditure reimbursements shall be reflected in the candidate's or committee's
financial report.

      7.2. Payment to a volunteer election worker for any and all expenses
incurred shall be made by the candidate or committee by check.

      7.3. A volunteer election worker who receives a total reimbursement for
expenses of fifty dollars ($50) or more during any election campaign shall
submit to the candidate or committee an itemized statement on a form prescribed
by the Secretary of State showing the date, the specific amount and purpose of
each expense incurred, the name of each vendor paid and the total amount of
reimbursement to be received.

      7.4.   Reimbursement   for  mileage   shall       not   exceed        the    current
state-mandated reimbursement rate per mile.

      7.5. The candidate or committee shall attach            any    forms        itemizing
expenditures to the post election financial statement.

§ 146­4­8. Employment    Of   Election   Workers   By   Candidates     Or    Candidate's
Authorized Committee.

      8.1. Each candidate or candidate's authorized committee, but not both,
may employ paid election workers solely for the candidate's personal campaign:
 Provided, however, That within the limits of one (1) election worker per
precinct, as set forth in Section 8.2 of these rules, two (2) or more
candidates or candidates' authorized committees may jointly employ paid
election workers only when the payment to each worker is equally divided among
the candidates or committees.

      8.2. Under no circumstances shall a candidate or candidate's authorized
committee employ directly or indirectly in excess of one (1) paid election
worker per number of precincts within the area the candidate is seeking to
represent. The total number of election worker(s) employed to work within any
political subdivision shall not exceed the total number of precincts in which
the candidate appears on the ballot within that political subdivision.      The
candidate or candidate's authorized committee may employ any number of
worker(s) per day per political subdivision, so long as the total number of
worker-days do not exceed the number of precincts in the political subdivision.
 (Example:   In a delegate district with thirty (30) precincts, thirty (30)
workers may be employed for one (1) day; or, one (1) worker may be employed
for thirty (30) days; or, three (3) workers may be employed for ten (10) days;
 or, any variation so long as the number of workers or worker-days do not
exceed the total precincts within that delegate district).

      8.3. A candidate or candidate's authorized committee may not make
indirect contributions to other candidates or committees by having paid
election workers drive voters, distribute literature or perform any other task
on behalf of another candidate.

      8.4. The candidate or candidates authorized committee shall comply with
all Internal Revenue Service laws, regulations and reporting requirements as
they apply to the payment of campaign staff.

§ 146­4­9. Employment Of Election Workers By Party Committees.

      9.1. Each party committee may employ election workers:         Provided,
however, That a municipal executive committee may not employ election workers
on any county, district or statewide election day and a county, district or
statewide executive committee may not employ election workers on any municipal
election day.

      9.2. Any state party executive committee may employ not more than one (1)
paid election worker per precinct within any county.

      9.3. Any county executive committee, or combination of county and
district executive committees of the same political party, may employ not more
than one (1) election worker per precinct within a county.

      9.4. Any municipal executive committee may employ not more than one (1)
paid election worker per precinct within the city.

§ 146­4­10. Employment Of Election Workers By Political Action Committees.

     10.1. Each political action committee may employ election workers.

      10.2. Regardless of the number of candidates or issues supported or
opposed by a political action committee, the total number of paid election
workers employed by such committee to work within any county may not exceed the
total number of precincts within that county in which candidates or issues
supported or opposed appear on the ballot.

      10.3. Each political action committee shall report the amount of
expenditures made on behalf of each candidate or to promote the defeat of a
candidate.
§ 146­4­11. Forms.

      All forms necessary to comply with this rule shall be prescribed by the
State Election Commission and available from the Secretary of State's office,
county clerk's office, and the municipal election officer.

§ 146­4­12. Severability.

      If any provision of these rules or the application to any person or
circumstances shall be held invalid, such invalidity shall not affect the
provision or application of these regulations which can be given effect without
the invalid provision or application and to this end the provisions of these
regulations are declared to be severable.

§ 146­4­13. Penalties.

      Penalty for violation shall be as prescribed in W. Va. Code § 3­9­23, as
a misdemeanor, and, upon conviction shall be fined not more than one thousand
dollars ($1,000), or, in the discretion of the court, be confined in jail for
not more than one (1) year.