W. Va. Code R. § 146-5-6

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 146-5-6 - Certification of Candidates

6.1. After collecting sufficient numbers and amounts of qualifying contributions, and no later than two business days after the close of the qualifying period, a candidate who desires to apply for public financing funds shall file an Application for Certification with the Secretary.

6.2. The Application for Certification must contain a sworn statement by the candidate that he or she has complied with, and will continue to comply with, all provisions of article 12 and that the candidate is eligible to hold the office of Justice of the West Virginia Supreme Court of Appeals.

6.3. The Secretary shall record the filing so that the filing is available to the general public.

6.4. The Secretary shall:

6.4.a. Confirm the number and amounts of qualifying contributions;

6.4.b. Determine whether any challenges have been filed; and

6.4.c. Notify the SEC of the findings.

6.5. The SEC shall resolve any pending challenges to contributions according to the provisions of section seven of this rule.

6.6. The SEC shall review the Application for Certification and determine if:

6.6.a. The candidate has signed and filed Declaration of Intent Form required by W.Va. Code § 3-12-7;

6.6.b. The candidate has obtained the required number and amounts of qualifying contributions;

6.6.c. The candidate has complied with exploratory and qualifying contribution restrictions;

6.6.d. The contribution receipts contain all necessary information;

6.6.e. The candidate is eligible, as provided by W.Va. Code § 3-5-9, to appear on the non-partisan judicial election ballot;

6.6.f. The candidate has met all other requirements of this article, including, but not limited to, that all expenditures, obligations, contributions and receipts have been reported to the Secretary as required by sections 8, 9 and 13 of article 12.

6.7. SEC Determination of Candidate Eligibility.

6.7.a. The SEC must process applications in the order they are received.

6.7.b. The SEC reviews the Application for Certification for all necessary information required by this section.

6.7.c. The SEC reviews the Candidate Certificate of Announcement (W.Va. Code § 3-5-7) for eligibility.

6.8. The SEC uses verification and sampling techniques adopted by the SEC to test the qualifying contributions for validity.

6.9. The SEC must rule on an Application for Certification within:

6.9.a. Three business days of candidate making final report of qualifying contributions per W.Va. Code § 3-12-9(f);

6.9.b. Six business days after candidate submits substitute qualifying contributions if necessitated by a successful challenge to a contribution.

6.10. The Commission shall notify all candidates for Justice of the West Virginia Supreme Court of Appeals of its determination within five business days.

6.10.a. If the SEC determines that the candidate has met all requirements for eligibility for the office and for the public campaign financing funds, the SEC will immediately proceed to the payments procedure of section 8 of this rule.

6.10.b. If the SEC determines, for any reason, that the candidate fails to meet the requirements, a notice of denial, and the reasons for the denial, shall be provided immediately to the candidate.

6.11. Revocation of Certification.

6.11.a. A candidate who violates any of the provisions of this article may have his or her certification and receipt of public campaign financing funds revoked by the SEC.

6.11.b. The SEC will schedule a meeting to review any report or suggestion of a violation which may be cause for revocation.

6.11.c. The candidate will be provided with a notice of the matter under review and the date and time of the meeting. A candidate may attend in person or by telephone.

6.11.d. A candidate whose certification has been revoked by the Commission for violating any provision of this article must repay to the Fund all moneys received from the Fund.

6.11.d.1. The SEC shall give written notice to the candidate of the revocation and the amount that must be repaid.

6.11.d.2. The candidate must repay the funds received within two business days of receipt of the notice. In cases where the candidate cannot immediately repay the funds received, the Commission may negotiate a repayment schedule.

W. Va. Code R. § 146-5-6