Current through Register Vol. XLI, No. 24, June 14, 2024
Section 146-2-3 - Code of Fair Campaign Practices3.1. Prescribed forms of code.3.1.1. It is the duty of the secretary of state, in consultation with the commission, to prescribe the forms to be used and to furnish the prescribed forms to the appropriate election officers in sufficient time and quantities, as may be requested by the election officers;3.1.2. The prescribed forms are required to contain the full and complete text that is statutorily mandated by W. Va. Code '3-1B-5, except that the commission may increase the spending limitations established in the text at its discretion by properly promulgated legislative rule(s).3.2. Notice and an opportunity to subscribe to the Code is required when:3.2.1. an individual files his or her pre-candidacy statement, certificate of announcement, nominating petition and other paper evidencing his or her intention to be a candidate for public office; or3.2.2. an individual files the statement of organization of a political committee.3.3. At the time an election officer receives a filing, as outlined in '146-2-3.2 above, the election officer is required 3.3.1. to furnish the individual with the prescribed form containing the text of the Code of Fair Campaign Practices;3.3.2. to advise the candidate of his or her opportunity voluntarily to subscribe to, adhere to and endorse the code;3.3.3. to inform the candidate whether or not his or her opponent(s) have voluntarily subscribed;3.3.4. to advise the candidate of the voluntary nature of his or her subscription to, adherence to and endorsement of the code; and,3.3.5. to inform the candidate that in no event will any person be required to so subscribe to, adhere to and endorse the code.3.4. Forms of public information3.4.1. The election officer receiving the filing is required to accept the candidate's completed forms at any and all times prior to the election;3.4.2. Any election officer mistakenly receiving a completed form from a candidate (i.e. one which should have been filed with a different election officer) is required to forward the completed form immediately to the appropriate election officer, with a record of such kept until one hundred eighty (180) days after the election to which they pertain.