W. Va. Code R. § 153-54-7

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

Section 153-54-7 - Gifts of Nonmonetary Other Thing(s) of Value; Application, Review, and Approval Procedures

7.1. Any public body(ies) or official(s) subject to this rule may apply to the State Election Commission to accept gifts of nonmonetary other thing(s) of value from a nonpublic funding source. No nonmonetary other thing(s) of value shall be provide to or accepted by a public body or official unless it is approved by the State Election Commission as set forth in this Section.

7.2. The applicant shall submit a written application on the form provided by the Secretary of State to the State Election Commission.

7.3. The application shall include the following information:

7.3.1. The name of the public body(ies) or official(s);

7.3.2. To the extent applicable, the name of the nonpublic funding source;

7.3.3. A detailed description of the specific other thing(s) of value, including the fair market value of the gift;

7.3.4. An itemized list with descriptions of the proposed uses for the gift;

7.3.5. The date of the application;

7.3.6. The signatures of a majority of the requesting members of the members of the public body(ies), the requesting official(s), or authorized agent;

7.3.7. Any supporting materials relevant to the application; and

7.3.8. Any other necessary information as determined by the Secretary of State.

7.4. Upon receipt of the application, the State Election Commission shall follow the procedure for application review, consideration, and decision making set forth in Section 5 of this rule.

7.5. In the event a gift under this Section is approved, the applicant and nonpublic funding source shall coordinate the delivery and acceptance of the gift.

7.6. Nothing in this rule shall be construed to require the Secretary of State or State Election Commission to take control of, hold in escrow, or otherwise be responsible as an intermediary between the applicant and nonpublic funding source for any nonmonetary other thing of value.

W. Va. Code R. § 153-54-7