HB 5166
To provide notice to any political committees violating the filing requirements prior to assessing any civil fines and giving the Secretary of State authority to grant additional time for compliance not to exceed an additional 14 days.
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes how West Virginia political committees are penalized for filing late or incomplete reports. It requires the Secretary of State to first send a written notice to the committee outlining the issues with their filing, giving them 14 days to correct it. Before any civil fines are assessed, the Secretary of State can grant an additional 14-day period for compliance, provided a valid reason is shown. Additionally, candidates who fail to file statements before a certain deadline may be disqualified from the general election ballot.
Key provisions
- Requires the Secretary of State to provide written notice to political committees before assessing civil fines for filing violations.
- Allows the Secretary of State to grant an additional 14 days for compliance with filing requirements.
- Establishes a civil penalty of $10 per day for delinquent filings.
- Specifies that penalties must be paid to the State of West Virginia.
- Outlines a process for publishing a list of late filers online.
- Disqualifies candidates who fail to file statements by a deadline before the general election.
- Prohibits the issuance of a commission or administering of an oath to elected officials who haven't filed statements.
- Defines ‘grossly’ as substantive and material, including false or misleading representations.
Who is affected
- Political committees
- Candidates for office
- State Election Commission
- County Clerks
- The Secretary of State
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