W. Va. Code R. § 153-17-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-17-3 - Examination of Affidavit and Records

3.1. The Secretary of State shall examine each affidavit to insure conformity with the Newspapers and Legal Advertisements Article of the Code. Such examination shall include the following areas:

3.1.1. The affiant shall swear or affirm in the affidavit how the newspaper satisfies the statutory requirements:

3.1.1.1. The date the Board of Directors of the newspaper authorized the filing of the affidavit;

3.1.1.2. The average paid circulation in the preceding calendar year;

3.1.1.3. The number of years and months the newspaper has been continuously published;

3.1.1.4. An attestation that the newspaper has been published at least weekly for fifty (50) weeks or more in the subject calendar year;

3.1.1.5. An affirmation that the newspaper is published by having been first placed in circulation in a specified municipality and county of this State.

3.1.1.5.a. For the purpose of this rule, the phrase A first placed in circulation@ shall mean the city and county in which the newspaper has a physical office location, and which is designated on the postal permit issued by the U.S.P.S.;

3.1.1.6. An affirmation that the newspaper is of general circulation and interest;

3.1.1.7. An affirmation that the newspaper has actual circulation throughout the publication area large enough to give a reasonable belief that a legal advertisement will give effective notice to the residents of the publication area;

3.1.1.8. That the newspaper averages four (4) or more pages in length per issue, exclusive of any cover;

3.1.1.9. The definite price of the newspaper circulated to the general public;

3.1.1.10. An affirmation that the newspaper is relied upon by the general public for events of a political, religious, commercial and social nature, and for current happenings, announcements, miscellaneous reading matters, advertisements and other notices.

3.1.2. The Secretary of State shall also examine the Statement of Ownership, Management and Circulation filed with the U.S.P.S. Such examination shall include the following areas:

3.1.2.1. Verification that the information provided in the Statement is consistent with that provided in the Affidavit.

3.1.3. The Secretary of State shall also examine the mailing permit with the U.S.P.S. Such examination shall include the following areas:

3.1.3.1. Verification that the information provided in the mailing permit is consistent with that provided in the Affidavit.

W. Va. Code R. § 153-17-3