News
June 29, 2008
Political ad bill passes Legislature

The West Virginia Legislature ended a special session Saturday in unexpectedly sharp debate over an election law that foes slammed as unconstitutional and openly political.

Republicans had been able to delay a final vote on the bill, extending the special session by two days. But they lacked the votes to kill the measure, which passed by a 19-9 vote in the Senate and a 68-21 margin in the House of Delegates.

"I know it's been painted to you this way, but this is not a Democrat versus Republican issue," House Minority Leader Don Caruth, R-Mercer, said in debate on the Senate floor. "It's a constitutional issue, it's an issue of integrity, it's an issue of fairness."

The Senate vote followed party lines, while one Democrat and six Republicans in the House of Delegates crossed the aisle for the vote.

The bill is one of 19 on Gov. Joe Manchin's agenda for the session, all of which passed.

Among the most far-reaching was a bill designed to give motorists some relief at the pump. The bill is designed to freeze for one year the state's gas tax at its current rate, postponing a 6 cent-per-gallon increase that was to have taken effect Jan. 1.

Lawmakers also approved $25 million to subsidize optional benefit boost payments for the thousands transferring from the state's 401(k)-style Teachers' Defined Contribution plan to a traditional pension program.

Other bills that passed with little debate set aside funds for everything from school bus fuel costs to greyhound training tracks.

The election disclosure bill was the most contentious. It is aimed at fixing a 2005 law that requires public disclosure of spending for ads that run within 30 days of a primary and 60 days of a general election, in cases of "a clearly identified candidate."

The fix is needed because U.S. District Judge David Faber blocked some of the provisions of the bill concerning nonbroadcast advertisements with an injunction issued in April. The judge ruled the law's language is vague concerning media like mailings, phone calls, leaflets and e-mails.

Democrats, with commanding majorities in both chambers, knew that while they couldn't stop Republicans from delaying the vote, they simply had to wait for their chance to pass the bill.

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Posted By: wvcitizen (12:43am 06-30-2008)
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So now if an individual wants to put their own signs up in their yard or pass out self-made leaflets, emails, or internet ads supporting a particular candidate on the issues he will be charged with a crime or subject to fine? Is that what the new law says? What a preposterous law that tramples free speech and free press into the dirt for the purpose of forcing disclosure.

Ironic, since there was no forced disclosure for the Table Games campaign of vote Yes, because the previous law was found unconstitutional. Why is an issue any different than a candidate under law?

Clark Barnes is right, its a vendetta bill. The Supreme Court should strike it down.

Posted By: vashti (12:59am 06-29-2008)
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This bill simply forces into the light those who hide behind fancy names to spew a lot of misinformation . There are many out there who have done it and many from both sides of the aisle who have been hurt by it. I applaud the efforts of the legislature to bring this nasty practice to a close. Jon Hunter has worked tirelessly to promote clean elections. He is an honest politician. He thinks it is a good bill. I believe him! Everyone wants something done but no one likes any of the solutions if it takes "their" team's advantage. Currently folks use the constitution as a screen so they can yell fire in a crowded theater and not suffer the consequences. NO ONE either Republican, Democrat, or Independent should have to put up with innuendoes, rumors, misinformation and the outright lies our current system seems to allow. The bill has been discussed at length. More attention in a special session than regular appears to have been given to it. Thank to those who finally did something.

Posted By: Dumbfounded (3:06am 06-29-2008)
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The constitutional impact of the 1st and 5th amendment to the constitution are clearly to be discussed in this bill. Give me any reason why this challenge should be pushed into law without discussion? The Democrats, including Manchin, are concerned about their own friends. This level of political coruption cannot be tolorated, only in WV would there not be a mob toppling an overt oligarchy of the corrupt and inept.

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