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West Virginia Regulations § 146-3-3 Contributions for Primary and General ElectionsVersion dated Oct. 30, 2024

Regulation Text

Candidate Committee Contributions:
3.1. A contribution to a pre-candidate or pre-candidate's committee is a contribution in connection with a primary election when a candidate seeks to be nominated to a general election ballot by the voters on a primary election ballot as prescribed by law. Contributions to a pre-candidate or pre-candidate's committee that does not seek a party nomination are attributed as contributions to a general election.
3.2. A contribution to a candidate's committee is a contribution attributed to the primary election in the following circumstances:
3.2.1. For a candidate for nomination or election in the primary, all contributions received on or before the primary election day that are not expressly indicated for use as a general election contribution;
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 received by a candidate's committee is attributed to the general or special election in the following circumstances:
3.3.1. Contributions received by a candidate after nomination in a primary election or party convention; Provided , contributions received after nomination in a primary election or party convention that are designated to offset debts incurred in a primary election described within Subsection 3.2.2 of this Rule are contributions attributed to the primary election.
3.3.2. Contributions received by a candidate that has been appointed to fill a vacancy on the general or special election ballot by a party executive committee,
3.3.3. Contributions received by a candidate that has been nominated by certificates of nomination, as provided for in W.Va. State Code § 3-5-23 , and
3.3.4. Contributions received by a write-in candidate;
3.3.5. Contributions received prior to the primary election or nominating convention if expressly indicated by the contributor that the contribution be attributed to a general or special election, if applicable; however, these funds cannot be expended until after the subsequent candidacy in the general election has been declared by:
3.3.5.a. The board of canvassers if the election is within a single county or municipality; or
3.3.5.b. The Secretary of State if the political subdivision includes more than one county.
3.3.6. If the candidate does not receive the nomination to be placed on the General Election ballot, contributions received prior to the primary or nominating convention expressly indicated for use in the general election shall be returned to the contributor at the full amount of the contribution within 30 days of declaration of general election candidates.
Political Action Committee Contributions:
3.4. A contribution to a political action committee is a contribution:
3.4.1. In connection with a primary election, if the contribution is received after the General Election and on or before the date of the statewide primary election in the following calendar year (for example, from November 4, 2014, to May 12, 2016); and
3.4.2. In connection with a general election, if the contribution is received after the date of a statewide primary election and not later than the day of the General Election (for example, from May 13, 2016 to November 8, 2016).