(a) No county commission, clerk of a county commission, municipal governing body, or other public official or body responsible for overseeing, administering, or regulating an election held within the State of West Virginia may directly receive or accept any gift, grant, contribution, or donation of money or anything of value for election administration and related expenses from any private individual, corporation, partnership, trust, or third party, and all such gifts, grants, contributions, or donations may only be accepted, received, expended, distributed, and utilized by the Secretary of State pursuant to the requirements of this section.
(b) There is created in the State Treasury a special revenue revolving fund account known as the Nonpublic Funding for Election Administration Fund which shall be an interest-bearing account. The fund shall consist of all monetary gifts, grants, contributions, and donations from private individuals, corporations, partnerships, trusts, or any third party for election administration and related expenses; and any accrued interest or other return on the monies in the fund. The balance remaining in the fund at the end of each fiscal year shall remain in the fund and not revert to the State General Revenue Fund.
(c) The monies in the Nonpublic Funding for Election Administration Fund shall be used only in the manner and for the purposes prescribed in this section. Notwithstanding any provision of law to the contrary, monies in the Nonpublic Funding for Election Administration Fund may not be designated or transferred for any purpose other than those set forth in this section.
(d) The monies in the Nonpublic Funding for Election Administration Fund shall be invested pursuant to 12-6-1 et seq. of this code.
(e) The Nonpublic Funding for Election Administration Fund shall be administered by the Secretary of State, with the approval of the State Election Commission, in accordance with legislative rules promulgated by the Secretary of State in accordance with 29A-3-1 et seq. of this code.
(f) All gifts, grants, contributions, or donations of tangible property or any non-monetary thing of value from private individuals, corporations, partnerships, trusts, or any third party for election administration and related expenses shall be accepted, distributed, and utilized by the Secretary of State, only with the approval of the State Election Commission, in accordance with legislative rules promulgated by the Secretary of State in accordance with 29A-3-1 et seq. of this code.
Structure West Virginia Code
Article 1A. State Election Commission and Secretary of State
§3-1A-1. Election Commission Continued; Composition; Chairperson; per Diem; Traveling Expense
§3-1A-2. Qualifications of Members of Commission
§3-1A-3. Terms of Office of Commission Members; Filling Vacancies
§3-1A-4. Office and Meetings of Commission
§3-1A-5. Powers and Duties of Commission; Legislative Rules
§3-1A-6. Powers and Duties of Secretary of State; Exercise of Powers by Appointees
§3-1A-7. Candidate's Financial Disclosure Statement
§3-1A-8. Investigators for the Secretary of State
§3-1A-9. Nonpublic Funding Sources for Election Administration and Related Expenses