SB 483: Increasing civil penalties for failure to file required campaign finance reports - West Virginia

sb483 hfa foggin 4-10 _1 adopted.htm → sb483 hfa heckert 4-10 _2 adopted.htm · 6 edits

MODERATE

The bill was amended to add comprehensive administrative complaint procedures for election law violations, replacing a minor amendment about candidate reporting deadlines with detailed rules for filing complaints, conducting investigations, and enforcing election laws through the Secretary of State and State Election Commission.

Scope change

The bill now establishes a formal state-based administrative complaint procedure for election violations, expanding the scope from a simple reporting deadline warning to a full enforcement mechanism with investigation protocols, settlement options, and legal consequences.

ENFORCEMENT

New Article 1 establishes administrative complaint procedures allowing the Secretary of State to investigate election law violations through informal or formal processes including interrogatories, interviews, and subpoenas.

The State Election Commission can issue settlement offers, dismiss complaints, refer violations to proper authorities, or direct further investigation based on probable cause findings.

REQUIREMENT

Complaints must now be in writing, notarized, signed under penalty of perjury, and include specific details about the alleged violation, evidence, and contact information.

Removed Delegate Foggin's amendment that would have provided only a written warning to candidates who fail to meet reporting deadlines when no funds were collected or spent.

TIMELINE

The Secretary of State must make final determinations within 90 days of filing a complaint, with alternative dispute resolution available if deadlines are missed.

DEFINITION

Established new section §3-1-50 defining the administrative complaint procedure framework for election law violations under Title III of the Help America Vote Act.

sb483 hjud am. _1 4-9 adopted.htm → sb483 hfa foggin 4-10 _1 adopted.htm · 1 edit

MINOR

The bill was amended to add a new exemption for candidates who have not collected or spent any funds during a reporting period, who will now receive only a written warning instead of penalties for missing filing deadlines. This change reduces the enforcement severity for candidates with no financial activity during the reporting period.

Scope change

The bill's scope was narrowed to provide an exemption for candidates with no financial activity during reporting periods, reducing their liability for late filing penalties.

ENFORCEMENT

Added a provision that candidates with no collected or spent funds during a reporting period will receive only a written warning for missing filing deadlines, rather than facing civil or criminal penalties.

Introduced Version → sb483 hjud am. _1 4-9 adopted adopted.htm · 7 edits

MODERATE

The Judiciary Committee amended SB 483 to significantly increase civil penalties for campaign finance violations, add percentage-based fines tied to committee funds, require treasurer involvement in penalties, expand public disclosure of late filers to five years, and add new audit and disqualification provisions for candidates who fail to file statements.

Scope change

The bill now applies penalties to treasurers in addition to political committees, and adds new disqualification rules for candidates who fail to file statements by the 84th day before the general election.

ENFORCEMENT

Civil penalties increased from flat $10/day to $500 first violation/$1,000 subsequent, plus new percentage-based fines (10% or $100 for first offense, 15% or $200 for subsequent offenses) based on committee funds on hand.

New requirement for Secretary of State to provide certified mail notice protocols for non-compliance, and authority to audit sworn statements.

State Election Commission now authorized to propose rules establishing procedures for assessing civil penalties.

REQUIREMENT

Treasure of political committees are now explicitly included as subjects of civil penalties alongside political committees themselves.

Candidates who fail to file statements by 84 days before general election are now disqualified from appearing on the ballot and cannot take office or receive salary.

TIMELINE

Public disclosure of late filers now includes at least five years of history instead of unspecified timeframe.

DEFINITION

New definition of 'grossly' as substantive and material, specifically including false or misleading representations and omissions.

Increasing civil penalties for failure to file required campaign finance reports

What changed between versions

How they voted

Actions timeline

Sponsors