About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2011 Op. W. Va. Att'y Gen. 1 (2011)

handle is hein.sag/sagwv0054 and id is 1 raw text is: 




                                      STATE OF WEST VIRGINIA                ..j: /
                               OFFICE OF THE ATTORNEY GENERAL
DARRELL V. MCGRAW, JR.                  CHARLESTON 25305(34) 558-2021
ATTORNEY GENERAL                          July 28, 2011                           FAX (04)558-0I4o



   The Honorable Natalie E. Tennant
   Secretary of State
   State Capitol, Suite 157-K
   1900 Kanawha Boulevard, East
   Charleston, WV 25305

          Re:    Opinion Request of June 30, 2011

   Dear Secretary Tennant:

          We have received your letter of June 30, 2011, requesting an Opinion of the Attorney
   General on the following legal issue:

          Is the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot
          Program constitutional in light of the recent United States Supreme Court ruling on
          the Arizona law?

          Following our review of the law, and specifically Arizona Free Enterprise Club 's Freedom
   Club PAC v. Bennett, Secrety of State of Arizona, Nos. 10-238 & 239 (U.S. Supreme Court,
   June 27, 2011), we have concluded that the matching funds provisions of the West Virginia
   Supreme Court of Appeals Public Campaign FinancingPilot Program constitute a substantial burden
   on the speech of privately financed candidates and are therefore violative of the United States
   Constitution, amend. 1.

         Those matching funds provisions are found at West Virginia Code §§ 3-12-11 (e) - (1):

                (e) If the commission determines from any reports filed pursuant to this
         chapter or by other reliable and verifiable information obtained through investigation
         that a nonparticipating candidate's campaign expenditures or obligations, in the
         aggregate, have exceeded by twenty percent the initial funding available under this
         section any certified candidate running for the same office, the commission shall
         authorize the release of additional funds in the amount of the reported excess to any
         opposing certified candidate for the same off-ice.

                (0 If the State Election Cormmission determines from any reports filed
         pursuant to this chapter or by other reliable and verifiable information obtained
         through investigation that independent expenditures on behalf of a nonparticipating

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most