W. Va. Code R. § 146-3-5 - Contribution Limitations, Sources and Restrictions
Contribution Limits:
5.1. Aggregated contributions limits that can
be accepted by political committees are as follows:
5.1.1. Contributions from a person to a
candidate or pre-candidate committee in which the candidate is seeking the
nomination of a political party may not exceed $2,800. Provided, the candidate
may contribute to their own campaign committee without limitation.
5.1.2. Contributions received by a
candidate's committee prior to a primary election or nominating event that are
expressly attributed by the contributor for the subsequent general election, as
referenced in 146 CSR 3-3, are considered against the aggregate limitation to
the general election.
5.1.3.
Contributions from a person to a candidate or pre-candidate committee seeking
election in a general or special election may not exceed $2,800. Provided, the
candidate may contribute to their own campaign without limitation.
5.1.4. Contributions from a person to a
political action committee after the state's scheduled general election and
prior to the state's scheduled primary election may not exceed $5,000.
Provided, an independent expenditure only political action committee does not
have a limitation on aggregate contribution amounts.
5.1.5. Contributions from a person to a
political action committee after the state's scheduled primary and prior to the
state's scheduled general or special election may not exceed $5,000. Provided,
an independent expenditure only political action committee does not have a
limitation on aggregate contribution amounts.
5.1.6. Contributions from a person to a
political party committee, including a political party caucus campaign
committee, may not exceed $10,000 in any calendar year.
5.1.7. Limitations on contributions to
candidates for federal elective office (including President, Vice President,
U.S. Senate and U.S. House of Representatives) are established in Chapter 14,
Title 2 of the United States Code and the Code of Federal Regulations and are
not subject to West Virginia laws and regulations.
5.1.8. For all nonpartisan offices, which
races typically appear on a Primary Election ballot, with the exception of a
special election to fill a vacancy in a nonpartisan office at a special
election or on a General Election ballot, the contribution limits shall be
limited to those permissible during one (1) election period.
5.2. Contribution Sources:
5.2.1. A contribution made by a business
licensed as a sole proprietorship is a contribution made by the owner of that
sole proprietorship and reported as received from the owner. The aggregate
contribution limits apply to all contributions to a candidate or political
committee made by that owner, whether from personal or business
funds.
5.2.2. A contribution made
by a business licensed as a partnership or limited liability company that is
not owned, controlled, or managed by a corporation is a contribution which
shall be apportioned to the ownership interest(s) and reported as received from
the partners or owners in their personal capacity(ies). The aggregate
contribution limits apply to contributions to a candidate or political
committee made by each partner or owner whether from personal funds or from the
contributor's share of partnership or company funds.
5.2.3. A husband and wife may each contribute
within the contribution limits of this Rule to the same candidate or political
committee in connection with the same election, regardless of the source of
family income.
5.2.4. A
contribution made by check drawn on a joint personal account shall be
attributed to the person who signed the check, or equally to the persons
signing the check, unless otherwise specified in writing by the
contributor.
5.2.5. Minor children
(children under 18 years of age) may contribute within the contribution limits
of this Rule to a candidate or political committee if:
5.2.5.a. The decision to contribute is made
knowingly and voluntarily by the minor child;
5.2.5.b. The funds, goods or services
contributed are owned and controlled by the minor child, such as income earned
by the child, the proceeds of a trust for which the child is the beneficiary,
or a savings account opened and maintained in the child's name; and
5.2.5.c. The contribution is not made from
the proceeds of a gift, the purpose of which was to provide funds to be
contributed or is not in any other way controlled by another
individual.
5.2.6. When
a contributor designates all or part of a contribution to a political committee
for the benefit of a particular candidate and makes that contribution to a
political committee acting with the approval or control of that candidate, the
contribution shall be considered to be an indirect contribution to the
designated candidate and is subject to the aggregate contribution limits for
that candidate.
5.2.7. A candidate
or candidate's committee established for one primary and general election may
transfer excess campaign assets to the same candidate's campaign or committee
for a subsequent election year, and the transfer is not limited by aggregate
contribution limits.
5.2.8.
Transfers of contributions by a political committee established as a federal
committee under the regulation of the Federal Election Commission (FEC) from
the committee's federal account to a state account shall not be made for the
purpose of allowing any contributor to exceed the maximum contribution per
election to the state account.
5.2.9. If a candidate or candidate's
committee has excess campaign funds at the time of the close of the General
Election polls, close of the Primary Election polls if unsuccessful in the
nomination in the Primary Election or withdrawal of candidacy or pre-candidacy,
no further contributions may be accepted until the candidate files a
pre-candidacy statement or becomes a candidate for a subsequent
election.
5.2.10. If a candidate or
candidate's committee has debts, outstanding loans or unpaid bills at the time
of the close of the General Election polls, close of the Primary Election polls
if unsuccessful in the nomination in the Primary Election or withdrawal of
candidacy or pre-candidacy, further contributions may be accepted only until an
amount sufficient to repay the debts and outstanding loans has been
received.
5.2.11. A non-monetary
contribution is to be considered at fair market value for reporting
requirements and contribution limitations.
5.2.11.a.. "Fair market value" is defined as:
5.2.11.a.1. The usual and normal charge for
the goods in the market from which they ordinarily would have been purchased at
the time of the contribution; or
5.2.11.a.2. The usual and normal charge for
any services, other than those provided by an unpaid volunteer, at the hourly
or piecework charge for the services at a commercially reasonable rate
prevailing at the time the services were rendered.
5.3. Contribution
Restrictions:
5.3.1. Corporate and Membership
Organization Contribution Restrictions:
5.3.1.a. Corporations and membership
organizations are restricted from accepting or soliciting contributions from
outside of their restricted group to a separate segregated fund of the
corporation or membership organization in which its primary purpose is to
influence the election or defeat of a candidate in an election prior to
notifying the Secretary of State of the organization's existence.
5.3.1.b. Separate segregated funds of
corporations and membership organizations are restricted from accepting
contributions totaling more than $5,000 from any one person prior to the
primary and preceding the general election.
5.3.1.c. For the purpose of this Subsection,
"restricted group" is defined by Section 2.34 of this Rule.
5.3.1.d. Corporations and membership
organizations are prohibited from facilitating the making of contributions to
candidates or political committees other than to the separate segregated funds
of the corporation, as expressed in 146 CSR 1.
5.3.2. A foreign national shall not, directly
or indirectly, make:
5.3.2.a. A contribution
or donation, or express/implied promise to make a contribution or donation to a
candidate's committee, a political committee, or a political party, or in
connection with any Federal, State, or local election held in West Virginia;
or
5.3.2.b. An independent
expenditure or any disbursement for an electioneering communication related to
a federal, state or local election held in West Virginia.
5.3.2.c. Any person is prohibited from
accepting, soliciting, or receiving funds from a foreign national as defined in
Section 2.16 of this Rule.
5.3.3. Exemption to restrictions:
5.3.3.a. Independent Expenditure Only PACs
are prohibited from making expenditures made in concert or cooperation or at
the request or suggestion of a candidate, his/her agencies, the candidate's
committee, or a political party committee.
5.3.3.b. The aggregate contribution by a
person to a ballot issue committee is not limited; and corporate contributions
to a ballot issue committee are not prohibited.
5.3.3.c. The aggregate contribution by a
person to an independent expenditure-only political action committee is not
limited; and corporate contributions to an independent expenditure-only
political action committee are not prohibited.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
5.1. Aggregated contributions limits that can be accepted by political committees are as follows:
5.1.1. Contributions from a person to a candidate or pre-candidate committee in which the candidate is seeking the nomination of a political party may not exceed $2,800. Provided , the candidate may contribute to their own campaign committee without limitation.
5.1.2. Contributions received by a candidate's committee prior to a primary election or nominating event that are expressly attributed by the contributor for the subsequent general election , as referenced in 146 CSR 3-3, are considered against the aggregate limitation to the general election .
5.1.3. Contributions from a person to a candidate or pre-candidate committee seeking election in a general or special election may not exceed $2,800. Provided , the candidate may contribute to their own campaign without limitation.
5.1.4. Contributions from a person to a political action committee after the state's scheduled general election and prior to the state's scheduled primary election may not exceed $5,000. Provided , an independent expenditure only political action committee does not have a limitation on aggregate contribution amounts.
5.1.5. Contributions from a person to a political action committee after the state's scheduled primary and prior to the state's scheduled general or special election may not exceed $5,000. Provided , an independent expenditure only political action committee does not have a limitation on aggregate contribution amounts.
5.1.6. Contributions from a person to a political party committee , including a political party caucus campaign committee , may not exceed $10,000 in any calendar year.
5.1.7. Limitations on contributions to candidates for federal elective office (including President, Vice President, U.S. Senate and U.S. House of Representatives) are established in Chapter 14, Title 2 of the United States Code and the Code of Federal Regulations and are not subject to West Virginia laws and regulations.
5.1.8. For all nonpartisan offices, which races typically appear on a Primary Election ballot, with the exception of a special election to fill a vacancy in a nonpartisan office at a special election or on a General Election ballot, the contribution limits shall be limited to those permissible during one (1) election period.
5.2. Contribution Sources:
5.2.1. A contribution made by a business licensed as a sole proprietorship is a contribution made by the owner of that sole proprietorship and reported as received from the owner. The aggregate contribution limits apply to all contributions to a candidate or political committee made by that owner, whether from personal or business funds.
5.2.2. A contribution made by a business licensed as a partnership or limited liability company that is not owned, controlled, or managed by a corporation is a contribution which shall be apportioned to the ownership interest(s) and reported as received from the partners or owners in their personal capacity(ies). The aggregate contribution limits apply to contributions to a candidate or political committee made by each partner or owner whether from personal funds or from the contributor's share of partnership or company funds.
5.2.3. A husband and wife may each contribute within the contribution limits of this Rule to the same candidate or political committee in connection with the same election , regardless of the source of family income.
5.2.4. A contribution made by check drawn on a joint personal account shall be attributed to the person who signed the check, or equally to the persons signing the check, unless otherwise specified in writing by the contributor.
5.2.5. Minor children (children under 18 years of age) may contribute within the contribution limits of this Rule to a candidate or political committee if:
5.2.5.a. The decision to contribute is made knowingly and voluntarily by the minor child;
5.2.5.b. The funds, goods or services contributed are owned and controlled by the minor child, such as income earned by the child, the proceeds of a trust for which the child is the beneficiary, or a savings account opened and maintained in the child's name; and
5.2.5.c. The contribution is not made from the proceeds of a gift, the purpose of which was to provide funds to be contributed or is not in any other way controlled by another individual.
5.2.6. When a contributor designates all or part of a contribution to a political committee for the benefit of a particular candidate and makes that contribution to a political committee acting with the approval or control of that candidate , the contribution shall be considered to be an indirect contribution to the designated candidate and is subject to the aggregate contribution limits for that candidate .
5.2.7. A candidate or candidate's committee established for one primary and general election may transfer excess campaign assets to the same candidate 's campaign or committee for a subsequent election year, and the transfer is not limited by aggregate contribution limits.
5.2.8. Transfers of contributions by a political committee established as a federal committee under the regulation of the Federal Election Commission (FEC) from the committee's federal account to a state account shall not be made for the purpose of allowing any contributor to exceed the maximum contribution per election to the state account.
5.2.9. If a candidate or candidate's committee has excess campaign funds at the time of the close of the General Election polls, close of the Primary Election polls if unsuccessful in the nomination in the Primary Election or withdrawal of candidacy or pre-candidacy, no further contributions may be accepted until the candidate files a pre-candidacy statement or becomes a candidate for a subsequent election .
5.2.10. If a candidate or candidate's committee has debts, outstanding loans or unpaid bills at the time of the close of the General Election polls, close of the Primary Election polls if unsuccessful in the nomination in the Primary Election or withdrawal of candidacy or pre-candidacy, further contributions may be accepted only until an amount sufficient to repay the debts and outstanding loans has been received.
5.2.11. A non-monetary contribution is to be considered at fair market value for reporting requirements and contribution limitations.
5.2.11.a. "Fair market value" is defined as:
5.2.11.a.1. The usual and normal charge for the goods in the market from which they ordinarily would have been purchased at the time of the contribution ; or
5.2.11.a.2. The usual and normal charge for any services, other than those provided by an unpaid volunteer, at the hourly or piecework charge for the services at a commercially reasonable rate prevailing at the time the services were rendered.
5.3. Contribution Restrictions:
5.3.1. Corporate and Membership Organization Contribution Restrictions:
5.3.1.a. Corporations and membership organizations are restricted from accepting or soliciting contributions from outside of their restricted group to a separate segregated fund of the corporation or membership organization in which its primary purpose is to influence the election or defeat of a candidate in an election prior to notifying the Secretary of State of the organization's existence.
5.3.1.b. Separate segregated funds of corporations and membership organizations are restricted from accepting contributions totaling more than $5,000 from any one person prior to the primary and preceding the general election .
5.3.1.c. For the purpose of this Subsection, "restricted group " is defined by Section 2.34 of this Rule.
5.3.1.d. Corporations and membership organizations are prohibited from facilitating the making of contributions to candidates or political committees other than to the separate segregated funds of the corporation , as expressed in 146 CSR 1.
5.3.2. A foreign national shall not, directly or indirectly, make:
5.3.2.a. A contribution or donation, or express/implied promise to make a contribution or donation to a candidate's committee , a political committee , or a political party, or in connection with any Federal, State, or local election held in West Virginia; or
5.3.2.b. An independent expenditure or any disbursement for an electioneering communication related to a federal, state or local election held in West Virginia.
5.3.2.c. Any person is prohibited from accepting, soliciting, or receiving funds from a foreign national as defined in Section 2.16 of this Rule.
5.3.3. Exemption to restrictions:
5.3.3.a. Independent Expenditure Only PACs are prohibited from making expenditures made in concert or cooperation or at the request or suggestion of a candidate , his/her agencies, the candidate's committee , or a political party committee .
5.3.3.b. The aggregate contribution by a person to a ballot issue committee is not limited; and corporate contributions to a ballot issue committee are not prohibited.
5.3.3.c. The aggregate contribution by a person to an independent expenditure-only political action committee is not limited; and corporate contributions to an independent expenditure-only political action committee are not prohibited.