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West Virginia Regulations § 146-5-8 Payment Procedures, Schedules and Amounts

⤴ Up to Series 146-05: West Virginia Supreme Count of Appeals Public Campaign financing Program

Regulation Text

8.1. General. This section provides the procedures by which payment amounts are determined and payment delivery is made.
8.2. Electronic transfer. A candidate who desires to receive payment from the Fund by electronic transfer must provide on the Application for Certification sufficient information and authorization for the State Treasurer to transfer payment to the candidate's campaign depository account.
8.3. Change of election status from uncontested to contested. In an uncontested election, no monies are allocated from the fund. If, due to other candidates' later filing for the office, the election becomes contested, a payment to the certified candidate will be made in the amount specified in section 8.6.b of this rule. The payment will be made within two business days of the SEC receiving information of the changed nature of the election.
8.4. Order of payment. When more than one candidate qualifies for payments on the same day, then payment will be made to all such candidates on the same day.
8.5. Pro rata payments. If, at the time any payment is due, there is an insufficient balance to make full payment to all entitled candidates, the following procedure shall be followed:
8.5.a. The SEC will determine the amount of funds available;
8.5.b. The SEC will determine when the next deposit may be reasonably expected, and the amount of that deposit;
8.5.c. The SEC will determine the amount of administrative expenses due until the next deposit and will subtract the anticipated administrative expenses amount from the current Fund balance;
8.5.d. The SEC will then divide the difference equally among all entitled candidates and authorize payments in the pro rata amounts.
8.5.e. Candidates receiving reduced payments due to insufficient funds are permitted to solicit and receive campaign contributions, as permitted by article 8, chapter 3, of the West Virginia Code, but total contributions may not exceed the difference between the amount paid and the amount that would have been due had full payment been possible. Excess contributions will be paid to the Fund.
8.6. Payment amounts.
8.6.a. For an uncontested election, no monies are allotted from the fund. The candidate in an uncontested election may expend qualifying contributions which did not exceed $50,000.
8.6.b. The non-partisan judicial election payment amount for a contested election is $525,000 less the amount of qualifying contributions raised by the candidate.
8.7. Payment schedules.
8.7.a. The SEC will submit paperwork to the State Auditor to ensure payment of the non-partisan election payment within two working days of certification of the candidate by the SEC.
8.8. Payment issuance procedure.
8.8.a. On the same business day as the SEC determines that any candidate is entitled to any payment provided by article 12, the SEC shall complete the paperwork required by the Auditor to initiate the Auditor's expedited payment process.
8.8.b. On the same business day, the SEC shall deliver the paperwork to the Auditor electronically or by hand-delivery.
8.8.c. Immediately upon receipt of the paperwork from the SEC, the Auditor, in cooperation with the State Treasurer, shall issue a check, or an electronic deposit if elected by the candidate.
8.8.d. All procedural steps shall be completed by the responsible agencies and persons in such manner so as to ensure payment to the candidate no later than two working days from the determination of the SEC.

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