West Virginia 2022 Regular Session

West Virginia House Bill HB4097

Introduced
1/17/22  
Refer
1/17/22  
Engrossed
1/31/22  
Refer
2/1/22  
Refer
2/1/22  
Report Pass
2/10/22  
Refer
3/11/22  
Enrolled
3/12/22  
Passed
3/12/22  

Caption

To prohibit nonpublic funding sources for election administration and related expenses without prior written approval by the State Election Commission.

Impact

The enactment of HB 4097 significantly alters the landscape of election funding in West Virginia. By restricting how and where election-related funds can be received, it ensures that local officials do not have a direct hand in accepting private money, which some legislators believe is essential for maintaining the integrity of the electoral process. Additionally, the bill establishes a more standardized approach to managing these funds, thereby enhancing accountability. However, it also consolidates power in the Secretary of State's office regarding the management of election funds, which may change how local jurisdictions can respond to their unique funding needs.

Summary

House Bill 4097 seeks to regulate the acceptance of funds for election administration in West Virginia. The bill prohibits any public official or governing body responsible for elections from directly receiving monetary contributions or gifts for election-related expenses from private sources. Instead, it mandates that such contributions must go through a newly created Nonpublic Funding for Election Administration Fund, which will be administered by the Secretary of State with the approval of the State Election Commission. This fund will serve as a central repository for any private donations aimed at supporting election processes.

Sentiment

The sentiment surrounding HB 4097 appears to be mixed among legislators and advocacy groups. Proponents argue that the bill enhances transparency and reduces the potential for undue influence in elections by limiting private funding sources. This perspective maintains that public confidence in electoral systems is paramount and that stricter regulations help protect this trust. Conversely, critics express concern that the bill may inadvertently limit necessary resources for election administration, particularly in areas where budgets are constrained. They argue that such restrictions could hinder effective election operations and accessibility.

Contention

Notable points of contention in the discussion of HB 4097 include the implications of restricting private funding on local elections. Opponents highlight that ensuring proper election administration may require additional financial support, which could become problematic under the new guidelines. Furthermore, there are arguments regarding the balance of authority between state and local governments in managing elections, with some fearing that excessive control at the state level could undermine local decision-making efforts. Ultimately, the debate encapsulates broader themes of election integrity versus access to resources.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3046

Elections; creating the Prohibit the Private Funding of Elections Act; prohibiting acceptance of private funds for elections; emergency.

WV HB3294

Elections; Prohibit the Private Funding of Elections Act; prohibitions; disclosure of certain memberships; effective date.

WV SB222

Primaries and Elections; all costs and expenses relating to election administration are paid for with lawfully appropriate public funds; provide

WV LD1869

An Act to Prohibit the Private Funding of Elections

WV HB2737

Authorizing the Secretary of State to promulgate a legislative rule relating to administrative procedures for the Nonpublic Funding for Election Administration Fund

WV HB301

AN ACT relating to elections.

WV SB406

Authorizing Secretary of State to promulgate legislative rule relating to administrative procedures for Nonpublic Funding for Election Administration Fund

WV SB631

Updating administration, funding, and requirements for federal elections held in WV

WV HB742

Elections, State Board of; appointment of Commissioner of Elections.

WV HB742

Elections, State Board of; appointment of Commissioner of Elections.

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