Current through Register Vol. XLI, No. 24, June 14, 2024
Section 146-5-5 - Qualifying Contributions, Requirements and Receipts5.1. Qualifying requirements. To be eligible for public campaign financing funds, a participating candidate or his or her candidate's committee must obtain contributions of at least $1, but not more than $100:5.1.a. That are contributed by at least 500 West Virginia registered voters;5.1.b. That total at least $35,000;5.1.c. That total no more than $50,000; and5.1.d. At least 10% of the total number of voters contributing must be registered to vote in each Congressional District. 5.1.d.1. Example: A candidate obtains 650 qualifying contributions. A minimum of 65 contributions must have been received from voters registered in Congressional District 1. A minimum of 65 contributions must have been received from voters registered in Congressional District 2. And, a minimum of 65 contributions must have been received from voters registered in Congressional District 3.5.2. Contributions in excess of $50,000 must be given to the Fund at the first of each month. Monies paid to the Fund, as required by any section of this rule, will not be refunded to the candidate should the candidate later fail to qualify for public financing.5.3. Contributions made prior to the filing of the declaration of intent are not qualifying contributions and will be treated as exploratory contributions.5.4. Receipts. All contributions must be acknowledged by a receipt, on forms provided by the SEC, which includes each of the following:5.4.a. The printed name of the candidate for whom the contribution is being made;5.4.b. The signature of the person who collected the contribution;5.4.c. The contributor's printed name, signature, street address and zip code;5.4.d. The amount of the contribution;5.4.e. The date of the contribution;5.4.f. The Congressional District in which the contributor is registered to vote;5.4.g. Additionally, for contributions of $25 or more, the contributor's phone number, occupation and name of employer; and,5.4.h. A statement above the contributor's signature confirming the contributor understands the purpose of the contribution is to assist the participating candidate in obtaining public campaign financing funds, the contribution was made without coercion, and the contributor has not been reimbursed, received or promised anything of value for making the contribution.5.5. A contribution is not a qualifying contribution unless one copy of the receipt has been provided to the contributor, one copy has been retained by the candidate and one copy has been received by the Secretary. Receipts are filed at the beginning of each month and a final report shall be filed at the end of the qualifying period. Candidates must review the receipts for completeness and accuracy before filing with the Secretary. Persons receiving contributions without receipt are liable to the Commission for the full amount plus any penalty assessed by the Commission.5.6. No more than one qualifying contribution, regardless of amount, may be accepted from a single individual.5.7. Exploratory and qualifying contributions from the same individual may not exceed, in aggregate, $1,000.5.8. A participating candidate and members of his or her family, who are registered West Virginia voters, are each eligible to make one qualifying contribution, however the participating candidate may not use any other personal funds to satisfy the qualifying contribution requirements.5.9. A participating candidate must comply with the restrictions on campaign contributions and expenditures in section 9 and the reporting requirements of section 11 of this rule. 5.10. A candidate who decides not to run for office shall pay to the Fund all unspent or unobligated qualifying contributions.5.11. A candidate who fails to qualify or decides to run for office as a non-participating candidate may use unspent or unobligated qualifying contributions in accordance with articles 8 and 12, chapter 3, of the West Virginia Code.