West Virginia Regulations § 146-3-2 Definitions
Regulation Text
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 for a binding decision under the provisions of the West Virginia Code.
2.2.
"Ballot issue committee" means a committee established solely for the purpose of advocating or opposing a ballot issue and which makes no expenditures to or on behalf of a 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 §
3-5-7
or a municipal charter;
2.4.2.
Has filed declaration of candidacy under W. Va. Code §
3-5-23
;
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 a candidate or a prospective candidate to explore the possibilities of seeking a particular office or to support or aid his or her nomination or election to an office in an election cycle. If a candidate directs or influences the activities of more than one active committee in a current campaign, those committees shall be considered one committee for the purpose of contribution limits.
2.6.
"Caucus campaign committee" means a West Virginia House of Delegates or Senate political party caucus campaign committee that receives contributions and makes lawful expenditures in accordance with 146 CSR 3-6, which include to support or oppose one or more specific candidates or slates of candidates for nomination, election, or committee membership. A political committee is determined to be a caucus campaign committee when meeting the following criteria:
2.6.1
The committee is established by a quorum of the members a political party caucus of either the House of Delegates or State Senate;
2.6.2.
A Statement of Organization for the political committee has been submitted to the Secretary of State, either prior to or at the same time as designating the political committee as a caucus campaign committee;
2.6.3.
The political party caucus has designated a chairperson and treasurer responsible for the caucus campaign committee; and
2.6.4.
The designated caucus chairperson has notified the Secretary of State of satisfying the criteria in 146 CSR 3-2.6.1. through 3-2.6.3. in writing. Any changes to the status of the designation of chairperson shall be submitted to the Secretary of State.
2.7.
"Clearly identified" means that the nickname, photograph, drawing, or other depiction of the candidate appears or the identity of the candidate is otherwise apparent through an unambiguous reference, or through a reference to his or her status as candidate.
2.8.
"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 influencing the nomination, election, or defeat of a candidate.
2.8.1.
A coordinated expenditure as described in Section 14 of this Rule shall be considered a contribution.
2.8.2.
An offer or tender of a contribution is not a contribution if expressly and unconditionally rejected or returned.
2.8.3.
A contribution does not include volunteer personal services provided without compensation.
2.9.
"Coordinated expenditure" is defined as provided in Section 14 of this Rule.
2.10.
"Corporation" means any separately incorporated entity, whether under the laws of West Virginia or any other state or any foreign country. The term corporation covers both for-profit and nonprofit corporations and includes nonstock corporations, incorporated membership organizations, incorporated cooperatives, incorporated trade associations, professional corporations and, under certain circumstances, limited liability companies.
A political committee may incorporate and not be subject to the definition of a corporation within this rule if the political committee incorporates for liability purposes only, and if the organization is properly registered as political committee with the appropriate filing officer. Notwithstanding the corporate status of the political committee, the treasurer of an incorporated political committee remains personally responsible for carrying out their respective duties under this rule.
2.11.
"Election" means any primary, general or special election conducted under the provisions of this code or under the charter of any municipality.
2.12.
"Electioneering communications" means any paid communication made by broadcast, cable or satellite signal, mass mailing, telephone bank, billboard advertisement, or publication in any newspaper magazine, or other periodical that meets the definition under W. Va. Code §
3-8-1a
(14)
et seq.
2.13.
"Expressly advocating" means any communication that:
2.13.1.
Uses phrases such as "vote for the Governor," "re-elect your Senator," "support the incumbent nominee for Supreme Court," "cast your ballot for the Republican challenger for House of Delegates," "Smith for House," "Bob Smith in '04," "vote Pro-Life," or "vote Pro-Choice," accompanied by a listing of clearly identified candidates described as Pro-Life or Pro-Choice, "vote against Old Hickory," "defeat" accompanied by a picture of one or more candidates, "reject the incumbent;"
2.13.2.
Communicates campaign slogans or individual words that can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidate or candidates, such as posters, bumper stickers, advertisements, etc., which say "Smith's the One," "Jones '06," "Baker," etc.; or
2.13.3.
Is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate or candidates.
2.14.
"Financial transactions" means all contributions or loans received and all repayments of loans or expenditures made to promote the candidacy of any person by any candidate or any organization advocating or opposing the nomination, election, or defeat of any candidate to be voted on.
2.15.
"Firewall" means a written policy designed and implemented to prohibit the flow of information between employees or consultants providing services for the person paying for a communication and those employees or consultants currently or previously providing services to a candidate, or to a committee supporting or opposing a candidate, clearly identified in the communication.
2.16.
"Foreign national" means the following:
2.16.1.
A foreign principal, as such term is defined in
22 U.S.C. §
611
(b)
, which includes:
2.16.1.a.
A government of a foreign country;
2.16.1.b.
A foreign political party;
2.16.1.c.
A person outside of the United States, unless it is established that such person:
2.16.1.c.1.
Is an individual and a citizen of the United States; or
2.16.1.c.2.
That such person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; and
2.16.1.d.
A partnership, association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a foreign country.
2.16.2.
An individual who is not a citizen of the United States or a national of the United States, as defined in
8 U.S.C. §
1101
(a)(22)
, and who is not lawfully admitted for permanent residence, as defined by
8 U.S.C. §
1101
(a)(20)
.
2.17.
"Grossly incomplete or grossly inaccurate" means that a financial statement as defined under W. Va. Code §
3-8-5
is missing information required by W. Va. Code §
3-8-2
et seq.
and State Election Commission, Regulation of Campaign Finance, 146 CSR 3.
2.18.
"Independent expenditure" means an expenditure by a person:
2.18.1.
Expressly advocating the election or defeat of a clearly identified candidate, including supporting or opposing the candidates of a political party, and
2.18.2.
That is not a coordinated expenditure with the candidate, his or her agents, the candidate's authorized political committee, a political party committee or its agents.
2.18.3.
An expenditure which does not meet the criteria for an independent expenditure is considered a contribution.
Provided
, that coordinated expenditures in connection with a general election under W. Va. Code §
3-8-9b
in any amount by political party committees and political party caucuses in connection with certain statewide candidates shall not be considered a contribution.
2.19.
"Independent expenditure-only political committee" means a committee registered with the Secretary of State, or equivalent local election official, which makes independent expenditures and makes no political contributions to any candidate for any elected office in this state or any of its subdivisions, makes no coordinated expenditures with a candidate or candidate's committee, and does not participate in joint fundraising agreements with a candidate or a candidate's committees.
2.20.
"Local" refers to the election of candidates to a city, county, or municipal office and any issue to be voted on by only the residents of a particular political subdivision.
2.21.
"Member" means any person who currently satisfies the membership requirements in a membership organization, affirmatively accepts the membership organization's invitation to become a member, and either:
2.21.1.
Pays membership dues at least annually, of a specific amount predetermined by the organization; or
2.21.2.
Has a significant organizational attachment to the membership organization which includes: affirmation of membership on at least an annual basis and direct participatory rights in the governance of the organization. For example, such rights could include the right to vote directly or indirectly for at least one individual on the membership organization's highest governing board; the right to vote directly for organization officers; the right to vote on policy questions where the highest governing body of the membership organization is obligated to abide by the results; the right to approve the organization's annual budget; or the right to participate directly in similar aspects of the organization's governance.
2.22.
"Membership Organization" means an organization that:
2.22.1.
Is composed of members, some or all of whom are vested with the power and authority to operate or administer the organization, pursuant to the organization's articles, bylaws, constitution or other formal organizational documents;
2.22.2.
Expressly states the qualifications and requirements for membership in its articles, bylaws, constitution or other formal organizational documents;
2.22.3.
Makes its articles, bylaws, constitution, or other formal organizational documents available to its members upon request;
2.22.4.
Expressly solicits persons to become members;
2.22.5.
Expressly acknowledges the acceptance of membership, such as by sending a membership card or including the members' name on a membership newsletter list; and
2.22.6.
Is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to political office.
2.23.
"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. 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.
2.24.
"Nominal noncash expressions of appreciation" means a token of appreciation, having a cash value of $10.00 or less, given to volunteer or paid campaign workers following the close of the polls or within 30 days thereafter.
2.25.
"Nonpolitical committee" means a committee established with the primary purpose other than to support or oppose the nomination or election of one or more candidates and which does not meet the definition of a political party committee per Subsection 2.30 of this Rule.
2.26.
"Occupation" means the principal work activity which is described by a general term such as teacher, miner, business executive, homemaker or doctor.
2.27.
"Person" means an individual, corporation, partnership, committee, association and any other organization or group of individuals.
2.28.
"Political Action Committee" means a committee organized by one or more persons or any other organization or entity, whose primary purpose is to support or oppose the nomination or election of one or more candidates.
2.28.1.
In determining a committee's primary purpose, the factors that will be considered include, but are not limited to:
2.28.1.a.
Whether the combination of one or more persons receives and manages money or any other thing of value in a common account for the specific purpose of supporting or opposing any candidate, political party or political committee;
2.28.1.b.
Whether the combination of one or more persons makes, anticipates or should have anticipated engaging in a continuing pattern of expenditures from a common account to support or oppose any candidate, political party or political committee; or
2.28.1.c.
Whether the combination of one or more persons constitutes a committee that was not in existence for any other primary purpose prior to supporting or opposing any candidate, political party or political committee.
2.28.2.
The following are types of political action committees:
2.28.2.a.
A corporate political action committee;
2.28.2.b.
A separate segregated fund established by a membership organization, as defined in this Section;
2.28.2.c.
An unaffiliated political action committee or
2.28.2.d.
Any political committee may also identify as an independent expenditure-only political committee when meeting the definition in this Section.
2.28.3.
A committee established as a joint fundraising committee under 146 CSR 3-13 does not meet the definition of a political action committee when acting solely as a financial agent to raise contributions for committees and distribute contributions to committees. However, this provision does not in any manner modify the reporting requirements of W. Va. Code §
3-8-5
, 146 CSR 3-8 and 146 CSR 3-13.
2.29.
"Political committee" means any candidate committee, political action committee or political party committee.
2.29.1.
This definition includes but is not limited to:
2.29.1.a.
Political party executive committees and political party caucus campaign committees;
2.29.1.b.
Other committees operating in conjunction with a political party or using a political party name; or
2.29.1.c.
Political action committees.
2.29.2.
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.
2.29.3.
Any committee that does not meet the definition of political committee shall be defined as a nonpolitical committee.
2.30.
"Political party committee" means a committee established by a political party or political party caucus for the purposes of engaging in the influencing of the election, nomination or defeat of a candidate in any election.
2.31.
"Political party caucus campaign committee" means the group of members of the House of Delegates or State Senate that belong to the same political party and who may organize as a caucus campaign committee.
2.32.
"Political purposes" means any of the following:
2.32.1.
Expressly advocating or opposing the nomination, election or defeat of one or more candidates or the passage or defeat of a ballot issue;
2.32.2.
Supporting the administration or activities of an established political party, political party caucus or an organization which has declared itself a political party or political party caucus;
2.32.3.
Supporting the administration or activities of a political committee determining the advisability of becoming a candidate under the pre-candidacy financing provisions; or
2.32.4.
Supporting the retirement of the debt of a candidate or political committee incurred for any of the purposes set forth in this Section.
2.32.5.
Making allowable contributions to political committees in accordance with the applicable limits of the law and this Rule.
2.33.
"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 §
3-8-5e
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.
2.34.
"Restricted Group" means stockholders and their families, executive and administrative personnel of any subsidiaries, branches, divisions, and departments and their families, of a corporation or membership organization, or when applicable, the members of an incorporated association or organization or group of persons, stockholders and their families, and executive and administrative personnel and their families, of such members.
2.35.
"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 Section 2.32 of this Rule.
2.36.
"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 §
3-8-1a
when the individual acts on behalf of more than one candidate or person.
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