West Virginia Regulations § 146-3-5 Contribution Limitations, Sources and Restrictions
Regulation Text
5.1.
Aggregated contributions limits that can be accepted by political committees are as follows:
5.1.1.
Contributions from a person to a candidate or pre-candidate committee in which the candidate is seeking the nomination of a political party may not exceed $2,800. Provided, the candidate may contribute to their own campaign committee without limitation.
5.1.2.
Contributions received by a candidate's committee prior to a primary election or nominating event that are expressly attributed by the contributor for the subsequent general election, as referenced in 146 CSR 3-3, are considered against the aggregate limitation to the general election.
5.1.3.
Contributions from a person to a candidate or pre-candidate committee seeking election in a general or special election may not exceed $2,800. Provided, the candidate may contribute to their own campaign without limitation.
5.1.4.
Contributions from a person to a political action committee after the state's scheduled general election and prior to the state's scheduled primary election may not exceed $5,000. Provided, an independent expenditure only political action committee does not have a limitation on aggregate contribution amounts.
5.1.5.
Contributions from a person to a political action committee after the state's scheduled primary and prior to the state's scheduled general or special election may not exceed $5,000. Provided, an independent expenditure only political action committee does not have a limitation on aggregate contribution amounts.
5.1.6.
Contributions from a person to a political party committee, including a political party caucus campaign committee, may not exceed $10,000 in any calendar year.
5.1.7.
Limitations on contributions to candidates for federal 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 West Virginia laws and regulations.
5.1.8.
For all nonpartisan offices, which races typically appear on a Primary Election ballot, with the exception of a special election to fill a vacancy in a nonpartisan office at a special election or on a General Election ballot, the contribution limits shall be limited to those permissible during one (1) election period.
5.2.
Contribution Sources:
5.2.1.
A contribution made by a business licensed as a sole proprietorship is a contribution made by the owner of that sole proprietorship and reported as received from the owner. The aggregate contribution limits apply to all contributions to a candidate or political committee made by that owner, whether from personal or business funds.
5.2.2.
A contribution made by a business licensed as a partnership is a contribution which shall be apportioned to the ownership interest of the partners and reported as received from the aforementioned 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.
5.2.3.
A husband and wife may each contribute within the contribution limits of this Rule to the same candidate or political committee in connection with the same election, regardless of the source of family income.
5.2.4.
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.
5.2.5.
Minor children (children under eighteen (18) years of age) may contribute within the contribution limits of this Rule to a candidate or political committee if:
5.2.5.a.
The decision to contribute is made knowingly and voluntarily by the minor child;
5.2.5.b.
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
5.2.5.c.
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.
5.2.6.
When a contributor designates all or part of a contribution to a political committee 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.
5.2.7.
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.
5.2.8.
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.
5.2.9.
If a candidate or candidate's committee has excess campaign funds at the time of the close of the General Election polls, close of the Primary Election polls if unsuccessful in the nomination in the Primary Election or withdrawal of candidacy or pre-candidacy, no further contributions may be accepted until the candidate files a pre-candidacy statement or becomes a candidate for a subsequent election.
5.2.10.
If a candidate or candidate's committee has debts, outstanding loans or unpaid bills at the time of the close of the General Election polls, close of the Primary Election polls if unsuccessful in the nomination in the Primary Election or withdrawal of candidacy or pre-candidacy, further contributions may be accepted only until an amount sufficient to repay the debts and outstanding loans has been received.
5.2.11.
A non-monetary contribution is to be considered at fair market value for reporting requirements and contribution limitations.
5.2.11.a.
"Fair market value" is defined as:
5.2.11.a.1.
The usual and normal charge for the goods in the market from which they ordinarily would have been purchased at the time of the contribution; or
5.2.11.a.2.
The usual and normal charge for any services, other than those provided by an unpaid volunteer, at the hourly or piecework charge for the services at a commercially reasonable rate prevailing at the time the services were rendered.
5.3.
Contribution Restrictions:
5.3.1.
Corporate and Membership Organization Contribution Restrictions:
5.3.1.a.
Corporations and membership organizations are restricted from accepting or soliciting contributions from outside of their restricted group to a separate segregated fund of the corporation or membership organization in which its primary purpose is to influence the election or defeat of a candidate in an election prior to notifying the Secretary of State of the organization's existence.
5.3.1.b.
Separate segregated funds of corporations and membership organizations are restricted from accepting contributions totaling more than $5,000 from any one person prior to the primary and preceding the general election.
5.3.1.c.
For the purpose of this Subsection, "restricted group" is defined by Section 2.34 of this Rule.
5.3.1.d.
Corporations and membership organizations are prohibited from facilitating the making of contributions to candidates or political committees other than to the separate segregated funds of the corporation, as expressed in 146 CSR 1.
5.3.2.
A foreign national shall not, directly or indirectly, make:
5.3.2.a.
A contribution or donation, or express/implied promise to make a contribution or donation to a candidate's committee, a political committee, or a political party, or in connection with any Federal, State, or local election held in West Virginia; or
5.3.2.b.
An independent expenditure or any disbursement for an electioneering communication related to a federal, state or local election held in West Virginia.
5.3.2.c.
Any person is prohibited from accepting, soliciting, or receiving funds from a foreign national as defined in Section 2.16 of this Rule.
5.3.3.
Exemption to restrictions:
5.3.3.a.
Independent Expenditure Only PACs are prohibited from making expenditures made in concert or cooperation or at the request or suggestion of a candidate, his/her agencies, the candidate's committee, or a political party committee.
5.3.3.b.
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.
5.3.3.c.
The aggregate contribution by a person to an independent expenditure-only political action committee is not limited; and corporate contributions to an independent expenditure-only political action committee are not prohibited.
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