SB 640: Prohibiting release of certain personal information of contributors to political elections - West Virginia

sb640 hfa akers 2-18 _1 adopted.htm → sb640 hfat akers 2-19 adopted.htm · 5 edits

MODERATE

The bill's title was updated to reflect a comprehensive amendment of campaign finance laws, including new protections for contributor privacy and treasurer information. The changes expand the bill's scope by adding a new section to prohibit the release of individual campaign contributor addresses and employer information, while also requiring financial statement filings for local elections. These updates strengthen privacy protections for voters and candidates and establish new enforcement mechanisms for violations.

Scope change

The bill's scope expanded from specific line-item amendments to a comprehensive restructuring that adds a new section (§3-8-6a) covering contributor privacy and treasurer address protection, and modifies existing sections to remove certain prohibitions on distinguishing between entities.

REQUIREMENT

Added new requirements to prohibit the release of individual campaign contributor addresses and employer information.

Added new requirement for filing financial statements with the Secretary of State in local elections.

ENFORCEMENT

Added new misdemeanor criminal penalties and monetary penalties for violations that are not timely cured.

DEFINITION

Modified existing sections to remove prohibitions on distinguishing between entities in certain circumstances.

TECHNICAL

Updated bill title and versioning information from February 18 to February 19.

Committee Substitute → sb640 hfa akers 2-18 _1 adopted.htm · 2 edits

MINOR

The document provided is an amendment record showing a proposed change to a legislative bill, rather than the final text of the bill itself. The amendment seeks to strengthen privacy protections for campaign treasurers by requiring that their street addresses be kept confidential and prohibiting their release to the public. It also expands the list of individuals subject to penalties for violating these privacy rules to include treasurers whose addresses are improperly disclosed. Because this is a proposed amendment to a bill that has not yet been enacted, no new laws or policy changes have taken effect.

REQUIREMENT

Proposed addition of a requirement to protect the street number and street name of a campaign treasurer's residence and mailing address from public release.

ENFORCEMENT

Proposed expansion of the list of individuals subject to criminal penalties to include treasurers whose addresses are disclosed in violation of the new privacy rule.

Enrolled Committee Substitute → Committee Substitute · 6 edits

MODERATE

This bill updates election finance reporting rules by adding new definitions for campaign communications, requiring financial statements for local elections to be filed with the Secretary of State, and establishing strict privacy protections for individual contributors. The most significant change is the prohibition on publicly disclosing a contributor's home address, street number, or employer information, with specific penalties for violations.

Scope change

The bill expands the requirement to file financial statements to include local (municipal and county) elections, whereas previous rules may have focused primarily on statewide races. It also clarifies definitions for various campaign activities and communications.

DEFINITION

Added new definitions for 'Electioneering communication', 'Mass mailing', 'Membership organization', and 'Unaffiliated political action committee' to clarify reporting obligations.

REQUIREMENT

Requires all financial statements for municipal and county elections filed after January 1, 2027, to be submitted to the Secretary of State's Office.

Prohibits the public release of an individual contributor's street address, street number, and major business affiliation (employer) on any financial statement.

Requires financial statements to report the occupation and major business affiliation of individual contributors who donate more than $250 in a cycle, though this data cannot be made public.

ENFORCEMENT

Creates a misdemeanor penalty for state or local officers who knowingly disclose protected contributor information and allows aggrieved individuals to sue for civil penalties if agencies fail to redact information.

TIMELINE

Sets the effective date for the new privacy and reporting requirements as January 1, 2027.

Introduced Version → Enrolled Committee Substitute · 6 edits · Mar 2, 2026

MODERATE

The bill was transformed from a draft proposal into an enrolled final version, adding comprehensive definitions for election terms, new protections against public disclosure of contributor addresses and employer names, and specific penalties for violations. It also introduced a new requirement for municipal financial statements to be filed with the Secretary of State and added a civil penalty mechanism for government agencies that fail to redact protected information.

Scope change

The bill's scope expanded to include detailed definitions for electioneering communications and expanded enforcement mechanisms to include civil penalties for government agencies that improperly disclose protected information.

DEFINITION

Added a new section (§3-8-1a) containing extensive definitions for terms like 'electioneering communication,' 'independent expenditure,' and 'foreign national' to clarify reporting requirements.

REQUIREMENT

Added a new section (§3-8-6a) prohibiting the public release of specific personal data, including street addresses and employer names of contributors and treasurer addresses.

Added a requirement that financial statements for municipal, county, or non-statewide elections filed after January 1, 2027, must be submitted to the Secretary of State's Office.

Added new reporting procedures for membership organizations raising funds via payroll deduction and an alternative reporting method for political party committees with fundraisers under $5,000 in profit.

ENFORCEMENT

Added a new subsection to §3-8-11 allowing aggrieved individuals to recover a $1,000 civil penalty from government agencies that fail to redact protected information within 10 days of a notice.

TIMELINE

Established January 1, 2027, as the effective date for the new disclosure restrictions and the requirement to file local financial statements with the Secretary of State.

Prohibiting release of certain personal information of contributors to political elections

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