April 26, 2009
W.Va. election ad bill could resurface
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CHARLESTON, W.Va. -- At least some lawmakers haven't given up on their quest to regulate independent political advertising and corporate political spending in West Virginia.

Senate Judiciary Chairman Jeff Kessler wants to revive legislation that died in his committee during the recent regular session.

The failed bill marked the latest effort to at least limit spending by corporations that directly target specific candidates. It also furthered attempts to require financial disclosures from independent groups and individuals that single out candidates with election-time advertising.

Separate rules already mandate campaign finance reporting by candidates as well as political action committees and parties. But a pending legal challenge has twice prompted federal judges to block the prior bids to expand the state's regulations.

West Virginia bans corporate spending in ways that expressly advocate a candidate's election or defeat. The federal rulings have limited that ban to messages that rely on such explicit phrases as "re-elect'' or "vote against.''

But those judges rejected attempts to define the "functional equivalent'' of "express advocacy'' as too vague to follow or enforce, leaving them unconstitutional. The measure sought by Kessler invokes language crafted by Chief Justice John Roberts in a recent U.S. Supreme Court ruling on the topic.

The bill, which had passed the House, defined that sort of advocacy as any message that has "no reasonable interpretation other than as an appeal to vote for or against a specific candidate.''

"We're left with a statutory definition that does not pass constitutional muster,'' Kessler said. "We were invited and given an opportunity to correct that. I thought (the bill) was a golden opportunity to bring our statute into compliance.''

Lawmakers plan to return next month to pass a new state budget. The Marshall County Democrat hopes the measure joins the special session agenda that Gov. Joe Manchin plans to present then.

"I've floated the idea with the Senate president of taking another run at it during the special session,'' Kessler said Friday. "Since it's such a narrow and focused attempt, it seems silly for us not to do it.''

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