West Virginia 2024 Regular Session Status: Passed Senate

SB 348 — Updating definition of "electioneering communication" to be consistent with FEC

Last action — To House Judiciary

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced January 11, 2024. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House of Delegates.

Prognosis

Advancing 46% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

342 added · 196 removed

Plain-language change summary

The updated version of Bill SB 348 adds provisions related to how electioneering communications are defined and disclosed, aiming to improve transparency in election financing. It specifies penalties for failing to file required financial statements related to these communications and establishes clearer guidelines on how different candidate committees are treated if they are influenced by the same candidate. These changes matter because they aim to ensure that election-related spending is transparent and properly regulated, helping to maintain fair elections.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 348 By Senator Nelson [Introduced January 12, 2024;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 348 By Senator Nelson [Originating in the Committee on Government Organization;
referred to the Committee on Government Organization] Intr SB 348 2024R1973 A BILL to amend and reenact §3-8-1a of the Code of West Virginia, 1931, as amended, relating to regulation and control of elections;
reported February 22, 2024] CS for SB 348 A BILL to amend and reenact §3-8-1a, §3-8-2b, and §3-8-7 of the Code of West Virginia, 1931, as amended, all relating to regulation and control of elections;
and updating the definition of "electioneering communication" to be consistent with the Federal Election Commission.
updating the definition of “electioneering communication”;
disclosure of electioneering communication;
failure to file statement;
delinquent or incomplete filing;
criminal and civil penalties.
(5) "Candidate’s committee" means a political committee established with the approval of or in cooperation with a candidate or a prospective candidate to explore the possibilities of seeking a particular office or to support or aid his or her nomination or election to an office in an election Intr SB 348 2024R1973 cycle.
(5) "Candidate’s committee" means a political committee established with the approval of, or in cooperation with, a candidate or a prospective candidate to explore the possibilities of CS for SB 348 seeking a particular office or to support or aid his or her nomination or election to an office in an election cycle.
Provided, That a nonmonetary contribution is to be considered at fair market value for reporting requirements and contribution limitations.
Provided, That a nonmonetary contribution is to be considered at fair market value CS for SB 348 for reporting requirements and contribution limitations.
Intr SB 348 2024R1973 (10) "Coordinated expenditure" is an expenditure made in concert with, in cooperation with, or at the request or suggestion of a candidate or candidate’s committee and meeting the criteria provided in §3-8-9a of this code.
(10) "Coordinated expenditure" is an expenditure made in concert with, in cooperation with, or at the request or suggestion of a candidate or candidate’s committee and meeting the criteria provided in §3-8-9a of this code.
(A) The first date during any calendar year on which any electioneering communication is disseminated after the person paying for the communication has spent a total of $5,000 or more for the direct costs of purchasing, producing, or disseminating electioneering communications;
(A) The first date during any calendar year on which any electioneering communication is disseminated after the person paying for the communication has made expenditures in excess of the amount provided in §3-8-2b of this codespent a total of $5,000 or more for the direct costs of purchasing, producing, or disseminating electioneering communications;
or (B) Any other date during that calendar year after any previous disclosure date on which the person has made additional expenditures totaling $5,000 or more for the direct costs of purchasing, producing, or disseminating electioneering communications.
or (B) Any other date during that calendar year after any previous disclosure date on which the person has made additional expenditures in excess of amounts provided in §3-8-2b of this codetotaling $5,000 or more for the direct costs of purchasing, producing, or disseminating electioneering communications.
(14) "Election" means any primary, general, or special election conducted under the provisions of this code or under the charter of any municipality at which the voters nominate or elect candidates for public office.
(14) "Election" means any primary, general, or special election conducted under the provisions of this code or under the charter of any municipality at which the voters nominate or CS for SB 348 elect candidates for public office.
Intr SB 348 2024R1973 (15) (A) "Electioneering communication" means any paid communication made by broadcast, cable or satellite signal, mass mailing, telephone bank, billboard advertisement, or publication in any newspaper, magazine, or other periodical that:
(15)(A) "Electioneering communication" means any paid communication made by broadcast, cable or satellite signal, mass mailing, telephone bank, billboard advertisement, or publication in any newspaper, magazine, or other periodical that:
(i) Refers to a clearly identified candidate for Governor, Secretary of State, Attorney General, Treasurer, Auditor, Commissioner of Agriculture, Supreme Court of Appeals, or the Legislature;
(i) Refers to a clearly identified candidate for Governor, Secretary of State, Attorney General, Treasurer, Auditor, Commissioner of Agriculture, Supreme Court of Appeals, or the Legislature;, county commissioner, county clerk, circuit clerk, assessor, sheriff, or prosecuting attorney;
(ii) Activity by a candidate committee, party executive committee, a caucus campaign committee, or a political action committee that is required to be reported to the State Election Commission or the Secretary of State as an expenditure pursuant to §3-8-5 of this code or the rules of the State Election Commission or the Secretary of State promulgated pursuant to such Intr SB 348 2024R1973 that provision:
CS for SB 348 (ii) Activity by a candidate committee, party executive committee, a caucus campaign committee, or a political action committee that is required to be reported to the State Election Commission or the Secretary of State as an expenditure pursuant to §3-8-5 of this code, or the rules of the State Election Commission, or the Secretary of State promulgated pursuant to such provision:
(iii) A candidate debate or forum conducted pursuant to rules adopted by the State Election Commission or the Secretary of State or a communication promoting that debate or forum made by or on behalf of its sponsor;
(iii) A candidate debate or forum conducted pursuant to rules adopted by the State Election Commission, or the Secretary of State, or a communication promoting that debate or forum made by or on behalf of its sponsor;
or (vii) A communication made solely for the purpose of attracting public attention to a product or service offered for sale by a candidate or by a business owned or operated by a candidate which does not mention an election, the office sought by the candidate, or his or her status as a candidate;
(vii) A communication made solely for the purpose of attracting public attention to a product or service offered for sale by a candidate or by a business owned or operated by a candidate which does not mention an election, the office sought by the candidate, or his or her status as a candidate;
or (viii) (vii) A communication, such as a voter’s guide, which refers to all of the candidates for one or more offices, which contains no appearance of endorsement for or opposition to the nomination or election of any candidate and which is intended as nonpartisan public education focused on issues and voting history.
or (viii)(vii) A communication, such as a voter’s guide, which refers to all of the candidates for one or more offices, which contains no appearance of endorsement for, or opposition to, the nomination or election of any candidate and which is intended as nonpartisan public education CS for SB 348 focused on issues and voting history.
(A) Uses phrases such as "vote for the Governor", "re-elect your Senator", "support the incumbent nominee for Supreme Court", "cast your ballot for the Republican challenger for House Intr SB 348 2024R1973 of Delegates", "Smith for House", "Bob Smith in ‘04", "vote Pro-Life", or "vote Pro-Choice" accompanied by a listing of clearly identified candidates described as Pro-Life or Pro-Choice, "vote against Old Hickory", "defeat" accompanied by a picture of one or more candidates, "reject the incumbent";
(A) Uses phrases such as "vote for the Governor", "re-elect your Senator", "support the incumbent nominee for Supreme Court", "cast your ballot for the Republican challenger for House of Delegates", "Smith for House", "Bob Smith in ‘04", "vote Pro-Life", or "vote Pro-Choice" accompanied by a listing of clearly identified candidates described as Pro-Life or Pro-Choice, "vote against Old Hickory", "defeat" accompanied by a picture of one or more candidates, "reject the incumbent";
(B) Communicates campaign slogans or individual words that can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates, such as posters, bumper stickers, advertisements, etc., which say "Smith’s the One", "Jones ‘06", "Baker", etc.;
(B) Communicates campaign slogans or individual words that can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates, such as posters, bumper stickers, advertisements, etc., which say, "Smith’s the One", "Jones ‘06", "Baker", etc.;
(19) "Firewall" means a policy designed and implemented to prohibit the flow of information between employees or consultants providing services for the person paying for a communication and those employees or consultants currently or previously providing services to a candidate, or to a committee supporting or opposing a candidate, clearly identified in the communication.
(19) "Firewall" means a policy designed and implemented to prohibit the flow of information between employees or consultants providing services for the person paying for a communication and those employees or consultants currently or previously providing services to a candidate, or to a committee supporting or opposing a candidate clearly identified in the communication.
(20) "Foreign national" means the following:
CS for SB 348 (20) "Foreign national" means the following:
(A) A foreign principal, as such that term is defined in 22 U.S.C.
(A) A foreign principal, as such term is defined in 22 U.S.C.
§611(b), which includes:
§ 611(b), which includes:
Intr SB 348 2024R1973 (iii) A person outside of the United States, unless it is established that such the person:
(iii) A person outside of the United States, unless it is established that such person:
or (II) That such the person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business within the United States;
or (II) That such person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business within the United States;
§1101(a)(22), and who is not lawfully admitted for permanent residence, as defined by 8 U.S.C.
§ 1101(a)(22), and who is not lawfully admitted for permanent residence, as defined by 8 U.S.C.
§1101(a)(20).
§ 1101(a)(20).
(21) "Fund-raising event" or "fundraiser" means an event such as a dinner, reception, testimonial, cocktail party, auction, or similar affair through which contributions are solicited or received.
(21) "Fundraising event" or "fundraiser" means an event such as a dinner, reception, testimonial, cocktail party, auction, or similar affair through which contributions are solicited or received.
and (B) That is not made in concert or cooperation with or at the request or suggestion of such the candidate, his or her agents, the candidate’s authorized political committee, or a political party committee or its agents.
and CS for SB 348 (B) That is not made in concert or cooperation with or at the request or suggestion of such candidate, his or her agents, the candidate’s authorized political committee, or a political party committee or its agents.
An expenditure which does not meet the criteria for an independent expenditure is Intr SB 348 2024R1973 considered a contribution.
An expenditure which does not meet the criteria for an independent expenditure is considered a contribution.
(28) "Name" means the full first name, middle name, or initial, if any, and full legal last name of an individual and the full name of any association, corporation, committee, or other organization of individuals, making the identity of any person who makes a contribution apparent by unambiguous reference.
(28) "Name" means the full first name, middle name, or initial, if any, and full legal last CS for SB 348 name of an individual and the full name of any association, corporation, committee, or other organization of individuals, making the identity of any person who makes a contribution apparent by unambiguous reference.
(29) "Person" means an individual, corporation, partnership, committee, association, and Intr SB 348 2024R1973 any other organization or group of individuals.
(29) "Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.
(32) "Political party" means a political party as that term is defined by §3-1-8 of this code or any committee established, financed, maintained, or controlled by the party, including any subsidiary, branch, or local unit thereof and including national or regional affiliates of the party.
(32) "Political party" means a political party as that term is defined by §3-1-8 of this code or any committee established, financed, maintained, or controlled by the party, including any subsidiary, branch, or local unit thereof, and including national or regional affiliates of the party.
(35) "Targeted to the relevant electorate" means a communication which refers to a clearly identified candidate for statewide office or the Legislature and which can be received by 140,000 or more individuals in the state in the case of a candidacy for statewide office, 8,220 or more individuals in the district in the case of a candidacy for the State Senate, and 2,410 or more individuals in the district in the case of a candidacy for the House of Delegates.
(35) "Targeted to the relevant electorate" means a communication which refers to a clearly CS for SB 348 identified candidate for statewide office or the Legislature and which can be received by 140,000 or more individuals in the state in the case of a candidacy for statewide office, 8,220 or more individuals in the district in the case of a candidacy for the State Senate, and 2,410 or more individuals in the district in the case of a candidacy for the House of Delegates., and five percent or more individuals in the county in the case of a candidacy for county commissioner, county clerk, circuit clerk, sheriff, or prosecuting attorney.
Intr SB 348 2024R1973 (36) "Telephone bank" means telephone calls that are targeted to the relevant electorate, other than telephone calls made by volunteer workers, regardless of whether paid professionals designed the telephone bank system, developed calling instructions, or trained volunteers.
(36) "Telephone bank" means telephone calls that are targeted to the relevant electorate, other than telephone calls made by volunteer workers, regardless of whether paid professionals designed the telephone bank system, developed calling instructions, or trained volunteers.
NOTE:
§3-8-2b.
The purpose of this bill is to update the definition of "electioneering communication" to be consistent with the Federal Election Commission.
Disclosure of electioneering communication.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
(a) Every person who has spent:
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(1) A total of $5,000 $15,000 or more for the direct costs of purchasing, producing, or disseminating electioneering communications during any calendar year;
or shall, within 24 hours of each disclosure date, file with the Secretary of State which contains all of the information listed in subsection (b) of this section;
or (2) A total of $1,000 $2,500 or more on or after the 15th day, but more than 12 hours before the day of any election, for the direct costs of purchasing, producing, or disseminating electioneering communications during any calendar year shall, within 24 hours of each disclosure date, file with the Secretary of State a statement which contains all of the information listed in subsection (b) of this section.
(b) A person required, by subsection (a) of this section, to file a statement with the Secretary of State shall provide the following information:
(1) The name of the person making the expenditure, the name of any person sharing or exercising direction or control over the activities of the person making the expenditure, and the CS for SB 348 name of the custodian of the books and accounts of the person making the expenditure;
(2) If the person making the expenditure is not an individual, the principal place of business of the partnership, committee, association, organization or group which made the expenditure;
(3) The amount of each expenditure of more than $1,000 made for electioneering communications during the period covered by the statement and the name of the person to whom the expenditure was made;
(4) The elections to which the electioneering communications pertain, the names, if known, of the candidates referred to or to be referred to therein, whether the electioneering communication is intended to support or oppose the identified candidates, and the amount of the total expenditure reported in subdivision (3) of this subsection spent to support or oppose each of the identified candidates;
and (5) The names and addresses of any contributors who contributed a total of more than $1,000 between the first day of the preceding calendar year and the disclosure date, and whose contributions were made for the purpose of furthering the electioneering communications.
(c) With regard to the contributors required to be listed pursuant to subdivision (5), subsection (b) of this section, the statement shall also include:
(1) The month, day, and year that the contributions of any single contributor exceeded $1,000;
(2) If the contributor is a political action committee, the name and address the political action committee registered with the State Election Commission;
(3) If the contributor is an individual, the name and address of the individual, his or her occupation, the name and address of the individual’s current employer, if any, or, if the individual is self-employed, the name and address of the individual’s business, if any;
(4) A description of the contribution, if other than money;
(5) The value in dollars and cents of the contribution.
(d)(1) Any person who makes a contribution for the purpose of funding the direct costs of CS for SB 348 purchasing, producing or disseminating an electioneering communication under this section shall, at the time the contribution is made, provide his or her name and address to the recipient of the contribution;
(2) Any individual who makes contributions totaling $1,000 or more between the first day of the preceding calendar year and the disclosure date for the purpose of funding the direct costs of purchasing, producing, or disseminating electioneering communications shall, at the time the contribution is made, provide the name of his or her occupation and of his or her current employer, if any, or, if the individual is self-employed, the name of his or her business, if any, to the recipient of the contribution.
(e) In each electioneering communication, a statement shall appear or be presented in a clear and conspicuous manner that:
(1) Clearly indicates that the electioneering communication is not authorized by the candidate or the candidate’s committee;
and (2) Clearly identifies the person making the expenditure for the electioneering communication:
Provided, That if the electioneering communication appears on or is disseminated by broadcast, cable, or satellite transmission, the statement required by this subsection shall be both spoken clearly and appear in clearly readable writing at the end of the communication.
(f) Within five business days after receiving a disclosure of electioneering communications statement pursuant to this section, the Secretary of State shall make information in the statement available to the public through the Internet.
(g) For the purposes of this section, a person is considered to have made an expenditure when the person has entered into a contract to make the expenditure at a future time.
(h) The Secretary of State shall propose emergency and legislative rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
of this code.
(i) If any person, including, but not limited to, a political organization (as defined in Section 527(e)(1) of the Internal Revenue Code of 1986) makes, or contracts to make, any expenditure for CS for SB 348 electioneering communications which is coordinated with and made with the cooperation, consent, or prior knowledge of a candidate, candidate’s committee, or agent of a candidate, the expenditure shall be treated as a contribution and expenditure by the candidate.
If the expenditure is coordinated with and made with the cooperation or consent of a state or local political party or committee, agent, or official of that party, the expenditure shall be treated as a contribution to and expenditure by the candidate’s party.
(j) This section does not apply to candidates for federal office.
This section is not intended to restrict or to expand any limitations on, obligations of, or prohibitions against any candidate, committee, agent, contributor, or contribution contained in any other provision of this chapter.
§3-8-7.
Failure to file statement;
delinquent or incomplete filing;
criminal and civil penalties.
(a) Any person, candidate, financial agent, or treasurer of a political committee who fails to file a sworn, itemized statement required by this article within the time limitations specified in this article or who willfully files a grossly incomplete or grossly inaccurate statement is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 or 10 percent of the amount of expenditures, whichever is greater, or confined in jail for not more than one year, or both fined and confined.
Sixty days after any primary or other election, the Secretary of State, county clerk, or municipal recorder, as the case may be, shall give notice of any failure to file a sworn statement or the filing of any grossly incomplete or grossly inaccurate statement by any person, candidate, financial agent, or treasurer of a political party committee and forward copies of any grossly incomplete or grossly inaccurate statement to the prosecuting attorney of the county where the person, candidate, financial agent, or treasurer resides, is located, or has its principal place of business.
(b)(1) Any person, candidate, financial agent, or treasurer of a political committee who fails to file a sworn, itemized statement as required in this article or who files a grossly incomplete or grossly inaccurate statement shall be assessed a civil penalty by the Secretary of State of $10 a day for each day after the due date the statement is delinquent, grossly incomplete, or grossly CS for SB 348 inaccurate.
Sixty days after any primary or other election, the county clerk shall give notice to the Secretary of State of any failure to file a sworn statement or the filing of any grossly incomplete, or grossly inaccurate statement by any person, candidate, financial agent, or treasurer of a political committee and forward copies of such delinquent, incomplete, or inaccurate statements to the Secretary of State.
(2) A civil penalty assessed pursuant to this section shall be payable to the State of West Virginia and is collectable as authorized by law for the collection of debts.
(3) The Secretary of State may negotiate and enter into settlement agreements for the payment of civil penalties assessed as a result of the filing of a delinquent, grossly incomplete, or inaccurate statement.
(4) The Secretary of State shall publish online a list of all persons required to file statements with the Secretary of State who file statements after the deadline in an election cycle.
This list shall be maintained and be publicly available online to include late activity for, at a minimum, the previous five years up to the current year.
(5) The Secretary of State and county clerk may review and audit any sworn statement required to be filed pursuant to this article.
The State Election Commission shall propose legislative rules for promulgation, in accordance with §29A-3-1 et seq.
of this code, to establish procedures for the assessment of civil penalties as provided in this section.
(c)(1) Any candidate, whether nominated by primary election or appointed by executive committee or executive committee chair, who has failed to file any sworn statement as required by this article relating to the immediately preceding primary election for any office by the 84th day before the general election, is disqualified and may not have his or her name appear on the general election ballot.
The provisions of §3-8-5b(d) of this code notwithstanding, any sworn statement filed after the deadline required by §3-8-5 of this code must be received in the office indicated by §3-8-5b(a) of this code by the close of business on the 84th day before the general election.
CS for SB 348 (2) It is unlawful to issue a commission or certificate of election, or to administer the oath of office, to any person elected to any public office who has failed to file any sworn statement required by this article and no person may enter upon the duties of his or her office until he or she has filed such statement, nor may he or she receive any salary or emolument for any period prior to the filing of the statement.
(3) The vacancy on the ballot created by the disqualification in this subsection is subject to §3-5-19 of this code.
(d) As used in this section, “grossly” means substantive and material, and specifically includes false or misleading representations and acts of omissions.
(e) The Secretary of State shall provide by rule protocols for written notice via certified mail, return receipt requested, to the person, candidate, financial agent, or treasurer of a political party committee that is not in compliance with the requirements of this section.
With respect to a violation of subsection (c) of this section, the notice shall be provided 60 days after any primary or other election.
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Action History

  1. To House Judiciary

  2. Introduced in House

  3. Ordered to House

  4. Effective January 1, 2025 (Roll No. 236)

  5. Passed Senate (Roll No. 236)

  6. Read 3rd time

  7. On 3rd reading

  8. Read 2nd time

  9. On 2nd reading

  10. Read 1st time

  11. Immediate consideration

  12. Committee substitute reported

  13. To Government Organization

  14. Introduced in Senate

  15. Filed for introduction

  16. To Government Organization

Sponsors

  • Nelson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

  • Nelson

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 32 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 16000
Unaffiliated 16001
Democrat 0001
Total 32002
% of votes cast 94%0%0%6%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Not Voting
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Not Voting
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 348?
SB 348 is sponsored by Nelson.
What is the current status of SB 348?
This bill has passed the Senate. Introduced January 11, 2024. It now moves to the second chamber.
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