Current through Register Vol. XLI, No. 24, June 14, 2024
Section 146-5-2 - Definitions2.1. For purposes of this rule:2.1.a. "Application for certification" is a form prescribed by the State Election Commission that a candidate must file to formally apply for public campaign financing funds and request an eligibility determination from the Commission.2.1.b. "Application for withdrawal from participation" is a form prescribed by the State Election Commission that a candidate seeking to withdraw as a certified candidate must file with the Commission. The Commission will determine if the candidate can withdraw from participation without penalty or repayment of funds received. Waiver of the penalty or repayment of funds is determined at the discretion of the Commission.2.1.c. "Article 12" means the West Virginia Supreme Court of Appeals Public Campaign Financing Program, as codified in W.Va. Code § 3-12-1, et. seq.2.1.d. "Certified candidate" means a candidate for the West Virginia Supreme Court of Appeals who has been determined by the State Election Commission to qualify for receipt of public campaign financing funds.2.1.e. "Contested election" means anon-partisan judicial election in which more candidates have been certified by the Secretary of State as eligible for election than positions to be elected.2.1.f. "Declaration of intent" is a form prescribed by the State Election Commission which a candidate must file with the Secretary of State before accepting any qualifying contributions.2.1.g. "Election year" means the calendar year beginning January 1 during which a Justice, or more than one Justice, is to be elected to the West Virginia Supreme Court of Appeals.2.1.h. "Exploratory contributions" means a contribution of not more than $1,000 made by an individual adult, including a participating candidate and members of his or her immediate family, during the exploratory period but prior to the filing of a declaration of intent.2.1.i. "Exploratory period" means the period during which a participating candidate may raise and spend exploratory contributions to examine his or her chances of election and to qualify for public campaign financing funds. The exploratory period begins January 1 of the calendar year preceding the election year, and ends on the last Saturday in January of the election year.2.1.j. "Financial agent" means any individual acting for and by himself or herself, or any two or more individuals acting together or cooperating in a financial way to aid or take part in the nomination or election of any candidate for public office.2.1.k. "Fund" means the Supreme Court of Appeals Public Campaign Financing Fund created by W.Va. Code § 3-12-5.2.1.l. "Non-partisan judicial election campaign period" means the period beginning on the first day of the candidate filing period and ending on the day of the non-partisan judicial election.2.1.m. "Non-partisan judicial election payment" means the amount of monies approved by the Commission and paid from the Fund to a certified candidate per W.Va. Code § 3-12-11(a).2.1.n. "Participating candidate" means a candidate who is seeking election to the Supreme Court of Appeals and is attempting to be certified to receive public campaign financing from the Fund.2.1.o. "Qualifying contribution" means a contribution, made by a West Virginia registered voter, of between $1 and $100, received during the qualifying period. The contribution may be in cash, if not more than $50 (W.Va. Code § 3-8-5d), check or money order, electronic transmission, debit or credit card, made payable to the candidate or candidate's committee.2.1.p. "Qualifying period" means the period during which participating candidates may raise and spend qualifying contributions. The period begins September 1 of the calendar year preceding the election year and ends the last Saturday in January of the election year.2.1.q. "Secretary" means the Secretary of State.2.1.r. "State Election Commission" means the government body referenced in W.Va. Code § 3-1A-1 and may hereinafter be referred to as "SEC" or "Commission".