(a) Notwithstanding any provision of this code to the contrary, amounts received by a candidate as contributions that are in excess of any amount necessary to defray his or her expenditures may be:
(1) Used by the candidate to defray any usual and customary expenses incurred in connection with his or her duties as a holder of public office; and
(2) Contributed by the candidate, after the general election, to:
(A) Any charitable organization or subsequent campaign by the same candidate, without limitation;
(B) Any national committee in accordance with federal requirements;
(C) Any state party executive committee or state party legislative caucus committee, in any amount; or
(D) Any local committee of any political party or any other candidate for public office, in accordance with the existing limitations on contributions.
(b) The State Election Commission shall promulgate emergency and legislative rules, in accordance with the provisions of 29A-1-1 et seq. of this code, to establish guidelines for the administration of this section.
(c) The amendments to this section enacted during the regular session of the Legislature, 2022, shall not be effective until November 9, 2022.
Structure West Virginia Code
Article 8. Regulation and Control of Elections
§3-8-1. Provisions to Regulate and Control Elections
§3-8-2. Requirements for Reporting Independent Expenditures
§3-8-2b. Disclosure of Electioneering Communication
§3-8-3. Committee Treasurers; Required to Receive and Disburse Funds
§3-8-4. Treasurers and Financial Agents; Written Designation Requirements
§3-8-4a. Termination of Political Committees
§3-8-5. Detailed Accounts and Verified Financial Statements Required
§3-8-5a. Information Required in Financial Statement
§3-8-5b. Where Financial Statements and Reports Shall Be Filed; Filing Date Prescribed
§3-8-5c. Contribution Limitations
§3-8-5d. Offenses and Penalties
§3-8-5e. Pre-Candidacy Financing and Expenditures
§3-8-5f. Loans to Candidates, Organizations or Persons for Election Purposes
§3-8-5g. Prohibition on Political Contributions and Expenditures by Foreign Nationals
§3-8-6. Financial Statement Forms; Filing; Disposition
§3-8-7. Failure to File Statement; Delinquent or Incomplete Filing; Criminal and Civil Penalties
§3-8-9a. Coordinated Expenditures
§3-8-10. Use of Certain Contributions
§3-8-11. Specific Acts Forbidden; Penalties
§3-8-13. Parties Liable and Subject to Penalties
§3-8-14. Effective Date of Certain Criminal Offenses
§3-8-15. Disclosure of Contributions During Legislative Session