W. Va. Code R. § 146-3-11

Current through Register Vol. XLI, No. 17, April 26, 2024

Section 146-3-11 - Procedures for Levying Civil Penalties

11.1. A civil penalty of $10 a day, provided by West Virginia Code § 3-8-7(b), shall be assessed by the Secretary of State when a mandated report for independent expenditures, electioneering communications or a political committee's campaign finance statement as required by § 3-8-5 is filed delinquently.

11.1.1. The public list shall be published on the Secretary of State's online Campaign Finance Reporting System and/or official agency website.

11.1.2. The public list shall be published no later than ten (10) days following the close of each campaign finance report filing period, or by the next business day following a weekend or legal holiday, and shall remain online for a period of five (5) years.

11.2. A report shall be considered to be delinquent and a $10 a day fine assessed if:

11.2.1. It is received after the deadlines established by W. Va. Code § 3-8-5; or

11.2.2. It bears a U.S. Postal Service postmark dated after the deadline.

11.3. If through or by no fault of the candidate or committee the person responsible for filing the campaign financial statement is unable to file the statement on time, the candidate or committee shall then file said statement in person, via facsimile or other electronic means of transmission, or by certified mail postmarked at the first reasonable opportunity. A campaign financial statement shall not be considered delinquent if:

11.3.1. The statement is filed late due to the death of the candidate, treasurer, or other individual responsible for filing the reports;

11.3.2. The statement is filed late due to a technical or computer error that is beyond the control of the person responsible for filing the statement; or

11.3.3. The statement is filed late due to a serious illness of the candidate, treasurer, or other individual responsible for filing the reports; and

11.3.3.a. A written notification of either death or serious illness is received by the filing officer no later than thirty (30) days after the financial statement is due. Upon receipt of the notification, the filing officer may grant an extension of time for the filing of the financial statement.

11.4. Grossly inaccurate:

11.4.1. Any person, candidate, financial agent, or political party committee treasurer who files a grossly inaccurate or grossly incomplete statement shall be assessed a civil penalty by the Secretary of State of $10 each day after the due date the statement is deemed grossly inaccurate, or grossly incomplete after the following process.

11.4.1.a. The filing officer has notified, by certified mail, except as provided in Subdivision 11.4.1.c of this Rule, the individual or committee responsible for filing the report that the report is incomplete or inaccurate;

11.4.1.b. Corrections to the report have not been received by the filing officer within ten (10) days after the mailing of notice to the individual or committee; and

11.4.1.c. In the case of a financial statement due not less than eleven (11) nor more than fifteen (15) days preceding each primary or other election, corrections to the report have not been received by the filing officer within twenty-four (24) hours after the individual or committee has been notified by email or telephone call of the inaccuracies or deficiencies. If the inaccuracies or deficiencies are not detected by the filing officer until after the election, the notice and corrections provisions of Subdivisions 11.4.1.a and 11.4.1.b, apply.

11.4.2. Any person, candidate, financial agent or political party treasurer who willfully files a grossly incomplete or grossly inaccurate statement is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 or confined in jail for not more than one year, or both fined and confined.

11.5. Reporting delinquent filings to the Secretary of State by local election officials:

11.5.1. Any county or municipality election official that determines that any campaign finance report meets the criteria set for in CSR 146-3-11.1. through 11.4. for a delinquent or grossly inaccurate for civil penalty, the county shall report the political committee to the Secretary of State for penalty assessment. Funds received from any penalty assessed shall be assessed and deposited into the general treasury of the State of West Virginia.

W. Va. Code R. § 146-3-11