Winds of Change Newsletter, December 2005     See sidebar for table of contents

WV Passes Landmark Law Curbing 527 Groups

by Julie Archer, Nov. 2005 WV Citizen Action Groups Capital Eye

As the September special session drew to a close, the West Virginia legislature passed a landmark bill requiring disclosure by the sponsors of sham issue ads and limiting contributions to 527 groups that get involved in state elections to $1,000 per election from any source.

Referred to as the 527 bill, after the shadowy groups that spent millions of dollars on negative advertising during last years state Supreme Court race, the bill passed the Senate unanimously and was approved by the House 91-4. Governor Manchin signed the bill into law on September 30.

Although other states have adapted language from McCain-Feingold to state elections in order to regulate electioneering communications that masquerade as issue advocacy, the West Virginia law covers the broadest range of media that might be used to disseminate such communications. West Virginia is also the first state to place a limit on contributions to 527s.

While some have criticized the contribution limits as an attempt to prohibit free speech, we see it as leveling the playing field and making 527s play by the same rules as candidates and political action committees. The legislation will require 527s to register with the Secretary of States office. Once they spend $5,000 or more, they will be required to disclose where their money comes from.

Ads like the ones sponsored by And for the Sake of the Kids and West Virginia Consumers for Justice, that attack a candidates character without calling specifically for the candidates election or defeat could continue - the contributions paying for them would just need to be disclosed to the Secretary of State.

Helping in the effort to pass this legislation was Citizens for Clean Elections a broad statewide coalition of groups including OVEC (which helps organize and lead the coalition), WV Citizen Action Group, West Virginia Education Association, AARP, Affiliated Construction Trades Foundation, West Virginia Council of Churches, and West Virginia Environmental Council which promotes voter-owned, Fair and Clean Elections.

Go to www.wvoter-owned.org for information.