Legislative immunity does not extend to political acts, including, but not limited to, the following:
(1) Communications to the press through letters, electronic mail, newsletters or news releases: Provided, That the release of pending legislation, committee reports, journals, acts and other official legislative reports and documents is a legitimate legislative activity;
(2) Privately releasing a republication of a speech made within the legislative sphere;
(3) Holding a press conference;
(4) Making speeches or giving interviews outside of the legislative sphere; or
(5) Assisting a constituent or supporter through constituent services, including, but not limited to, making appointments with government agencies, attempting to influence discretionary acts of a government officer or providing assistance in securing government contracts.
Structure West Virginia Code
Article 1A. Legislative Immunity
§4-1A-1. Purpose; Legislative Findings and Declarations
§4-1A-2. Applicability of Definitions
§4-1A-3. Legislative Act Defined
§4-1A-4. Legislative Sphere Defined
§4-1A-5. Political Act Defined
§4-1A-6. Scope of Legislative Immunity Generally
§4-1A-7. Legislative Immunity in Specific Instances
§4-1A-8. Actions Taken Without Lawful Authority Are Not Immune
§4-1A-9. Political Acts Are Not Privileged
§4-1A-10. Administrative Acts Are Not Immune
§4-1A-11. Certain Offers of Proof About Legislative Activities Not Prohibited
§4-1A-12. Legislative Acts of Legislative Staff, Aides or Assistants
§4-1A-13. Legislative Immunity From Ultimate Relief
§4-1A-14. Testimonial Immunity
§4-1A-15. Right to Interlocutory Appeal
§4-1A-16. Common Law Regarding Legislative Immunity Not Affected by the Enactment of This Article