Current through Register Vol. XLI, No. 45, November 8, 2024
Section 146-1-2 - Definitions2.1. "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.2.2. "Contribution" means a gift, subscription, loan, assessment, payment for services, dues, advance, donation, pledge, contract, agreement, forbearance, 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. 2.2.1. A coordinated expenditure is a contribution for the purposes of this rule. "Coordinated expenditure" is an expenditure made in concert with, in cooperation with, or at the request or suggestion of a candidate or candidate's committee and meeting the criteria provided in W. Va. Code § 3-8-9a.2.2.2. An offer or tender of a contribution is not a contribution if expressly and unconditionally rejected or returned. A contribution does not include volunteer personal services provided without compensation: Provided, that a nonmonetary contribution is to be considered at fair market value for reporting requirements and contribution limitations.2.3. "Corporate Political Action Committee" means a political action committee that is a separate segregated fund of a corporation that may only accept contributions from its restricted group as outlined in this Rule.2.4. "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.
2.5. "Election Officer" means the officer or official who receives the Statement of Organization of a political committee, and includes the Secretary of State, the county clerk, and the municipal clerk or recorder, as set forth in W. Va. Code § 3-8-4.2.6. "Executive or Administrative Personnel" means individuals employed by a corporation who are paid on a salary rather than hourly basis and who have policymaking, managerial, professional or supervisory responsibilities.2.6.1. This definition includes:2.6.1.a. The individuals who run the corporation's business such as officers, other executives and plant, division and section managers; and2.6.1.b. Individuals following the recognized professions, such as lawyers and engineers.2.6.2. This definition does not include: 2.6.2.a. Professionals who are represented by a labor organization;2.6.2.b Salaried foremen and other salaried lower-level supervisors having direct supervision over hourly employees;2.6.2.c. Former or retired personnel who are not stockholders; or2.6.2.d. Individuals who may be paid by the corporation, such as consultants, but who are not employees, within the meaning of 26 CFR 31.3401(c)-1 of the corporation for the purpose of income withholding tax on employee wages under Internal Revenue Code of 1954, § 3402.2.6.3. Individuals on commission may be considered executive or administrative personnel if they have policymaking, managerial, professional or supervisory responsibility and if the individuals are employees within the meaning of 26 CFR 31.3401(c)-1 of the corporation for the purpose of income withholding tax or employee wages under the Internal Revenue Code of 1954, § 3402.2.6.4. The Fair Labor Standards Act, 29 U.S.C. 201, et seq. and the regulations issued pursuant to that Act, 29 CFR 541, may serve as a guideline in determining whether individuals have policymaking, managerial, professional or supervisory responsibilities.2.7. "Families" means spouses and unemancipated children.2.8. "Membership organization" means a group that grants bona fide rights and privileges, such as the right to vote, to elect officers or directors, and the ability to hold office to its members and which uses a majority of its membership dues for purposes other than political purposes. "Membership organization" does not include organizations that grant membership upon receiving a contribution.2.9. "Membership organization political action committee" means a labor organization or a trade association, cooperative or other incorporated membership organization that: is composed of members; expressly states the qualifications for membership in its articles and by-laws; makes its articles, by-laws and other organizational documents available to its members; expressly seeks members; acknowledges the acceptance of membership, such as by sending membership cards to new members or including them on a membership newsletter list; and is organized such that it operates a subsidiary entity or segregated fund of the membership organization primarily for the purpose of influencing any election on the ballot in the State of West Virginia.2.10. "Person" means any individual, partnership, committee, association, corporation and any other organization or group of persons.2.11. "Political Action Committee" means a committee organized by one or more persons, the primary purpose of which is to support or oppose the nomination or election of one or more candidates. The following are types of political action committees: 2.11.1. A corporate political action committee, as that term is defined by Subsection 2.3 of this Rule;2.11.2. A membership organization political action committee, as that term is defined by Subsection 2.9 of this rule; and2.11.3. An unaffiliated political action committee, as that term is defined by Subdivision 2.18.2.12. "Political Committee" means any candidate committee, political action committee or political party committee.2.13. "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.2.14. "Political purposes" means any of the following:2.14.1. Expressly advocating or opposing the nomination, election or defeat of one or more candidates;2.14.2. 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;2.14.3. Supporting the administration or activities of a political committee determining the advisability of becoming a candidate under the pre-candidacy financing provisions; or2.14.4. Supporting the retirement of the debt of a candidate or political committee incurred for any of the purposes set forth in this Section.2.14.5. Making allowable contributions to political committees in accordance with the applicable limits of the law and this Rule.2.15. "Restricted Group" means stockholders and their families, and executive and administrative personnel of its 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, and the stockholders and their families, and executive and administrative personnel and their families, of such members.2.16. "Separate segregated fund" created for, but not limited to, political purposes to engage on behalf of members of a corporation. This fund, whether meeting the definition of a PAC or not, is restricted from receiving corporate or membership organization contributions.2.17. "Stockholder" means a person who has a vested beneficial interest in stock, has the power to direct how that stock shall be voted (if it is voting stock), and has the right to receive dividends.2.18. "Unaffiliated political action committee" means a political action committee that is not affiliated with a corporation of a membership organization.