Requiring certain disclosures of election expenditures
Summary
HB4848 would expand West Virginia’s campaign finance disclosure rules for independent expenditures and election-related communications. It raises and clarifies reporting thresholds, requires more detailed donor and spender information, and adds new 24-hour and 48-hour reporting deadlines for large expenditures made close to an election. The bill also requires public notices on paid communications stating they are not authorized by a candidate and identifying the spender, and it directs the Secretary of State to publish electronic filings promptly online.
A major feature of the bill is a new section on “covered transfers,” aimed at tracing money that is passed through multiple entities before being used for campaign-related disbursements. The bill requires recipients of covered transfers to obtain identifying information from contributors, return or segregate funds if disclosure is not provided, and disclose information about contributors who exceed specified thresholds. It also extends disclosure obligations to certain federal political action committees when they engage in state-level independent expenditures or electioneering communications. Violations can result in misdemeanor penalties, including fines and possible jail time, and the Secretary of State is authorized to adopt emergency and legislative rules to implement the law.
Impact
The bill would amend §3-8-2 and add new §3-8-8a to the West Virginia Code, significantly expanding the state’s election disclosure regime. It would affect persons, political committees, PACs, nonprofits, and other entities that make independent expenditures or receive and pass along covered transfers for campaign-related disbursements, while expressly excluding candidates for federal office from the main independent-expenditure section. The measure would also create new recordkeeping, electronic filing, public posting, and criminal enforcement requirements tied to election spending and dark-money transfers.
Sentiment
The bill’s stated purpose and structure suggest strong support for transparency in campaign finance, with the Legislature’s findings emphasizing public disclosure and opposition to dark money. The bill language frames the issue as protecting voters from misleading political advertising and hidden funding sources. No committee transcript or vote record is provided, so there is no direct evidence of floor or committee sentiment beyond the bill’s pro-disclosure framing.
Contention
The main point of contention is likely to be the breadth of the disclosure requirements, especially the new “covered transfer” rules that reach transfers between entities, including some nonprofits and Section 501(c) or 527 organizations, and require disclosure of upstream donors. Supporters would view these provisions as necessary to expose the true sources of campaign spending, while opponents may argue they are burdensome, overbroad, or could chill protected political speech and association. The bill also uses strong rhetoric in its findings, including the title “Smear Merchant Transparency and Accountability Act,” which signals a confrontational approach to dark-money political advertising.
Renaming the Kansas governmental ethics commission to the Kansas public disclosure commission, defining terms in the campaign finance act, requiring the filing of statements of independent expenditures, prohibiting agreements requiring contributions in the name of another and requiring the termination of unused campaign finance accounts.
Relating to prohibiting contributions, expenditures, and related activities involving political committees that support or oppose a ballot measure; creating a criminal offense; providing a civil penalty.