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West Virginia Legislature· SB 640Signed

Prohibiting release of certain personal information of contributors to political elections, the official text

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WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                     Enrolled
            Committee Substitute

                         for

           Senate Bill 640

        BY SENATORS AZINGER, CHARNOCK, HELTON, AND Z.
                                   MAYNARD

       [Passed February 23, 2026; in effect 90 days from
                        passage (May 24, 2026)]
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1 AN ACT to amend and reenact §3-8-1a, §3-8-5a, and §3-8-11 of the Code of West Virginia, 1931,

2   as amended; and to amend the code by adding a new section, designated §3-8-6a,

3   relating to prohibiting the release of an individual campaign contributor’s address and

4   employer information and the address of treasurers; defining terms; removing prohibition

5   on distinguishing between entities in certain circumstances; requiring filing of financial

6   statements with Secretary of State in local elections; creating misdemeanor criminal

7   penalty; providing for monetary penalty if violation is not timely cured; and setting forth

8   effective date.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.

    §3-8-1a. Definitions.

1   As used in this article, the following terms have the following definitions:

2   (1) "Ballot issue" means a constitutional amendment, special levy, bond issue, local option

3 referendum, municipal charter or revision, an increase or decrease of corporate limits, or any

4 other question that is placed before the voters for a binding decision.

5   (2) "Billboard advertisement" means a commercially available outdoor advertisement,

6 sign, or similar display regularly available for lease or rental to advertise a person, place, or

7 product.

8   (3) "Broadcast, cable, or satellite communication" means a communication that is publicly

9 distributed by a television station, radio station, cable television system, or satellite system.

10  (4) "Candidate" means an individual who:

11  (A) Has filed a certificate of announcement under §3-5-7 of this code or a municipal

12 charter;

13  (B) Has filed a declaration of candidacy under §3-5-23 of this code;

14  (C) Has been named to fill a vacancy on a ballot; or

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15  (D) Has declared a write-in candidacy or otherwise publicly declared his or her intention

16 to seek nomination or election for any state, district, county, municipal, or party office to be filled

17 at any primary, general, or special election.

18  (5) "Candidate’s committee" means a political committee established with the approval of,

19 or in cooperation with, a candidate or a prospective candidate to explore the possibilities of

20 seeking a particular office or to support or aid his or her nomination or election to an office in an

21 election cycle. If a candidate directs or influences the activities of more than one active committee

22 in a current campaign, those committees are considered one committee for the purpose of

23 contribution limits.

24  (6) "Caregiving services" means direct care, protection, and supervision of a child, or other

25 person with a disability or a medical condition, for which a candidate has direct caregiving

26 responsibility. For the purposes of this article, the caregiving service expense incurred shall be in

27 direct connection with the candidate’s campaign activities during the current election cycle.

28  (7) "Caucus campaign committee" means a West Virginia House of Delegates or Senate

29 political party caucus campaign committee that receives contributions and makes expenditures

30 to support or oppose one or more specific candidates or slates of candidates for nomination,

31 election, or committee membership.

32  (8) "Clearly identified" means that the name, nickname, photograph, drawing, or other

33 depiction of the candidate appears, or the identity of the candidate is otherwise apparent through

34 an unambiguous reference, such as "the Governor", "your Senator", or "the incumbent", or

35 through an unambiguous reference to his or her status as a candidate, such as "the Democratic

36 candidate for Governor" or "the Republican candidate for Supreme Court of Appeals".

37  (9) "Contribution" means a gift, subscription, loan, assessment, payment for services,

38 dues, advance, donation, pledge, contract, agreement, forbearance, promise of money, or other

39 tangible thing of value, whether conditional or legally enforceable, or a transfer of money or other

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40 tangible thing of value to a person, made for the purpose of influencing the nomination, election,

41 or defeat of a candidate.

42  (A) A coordinated expenditure is a contribution for the purposes of this article.

43  (B) An offer or tender of a contribution is not a contribution if expressly and unconditionally

44 rejected or returned. A contribution does not include volunteer personal services provided without

45 compensation: Provided, That a non-monetary contribution is to be considered at fair market

46 value for reporting requirements and contribution limitations.

47  (10) "Coordinated expenditure" is an expenditure made in concert with, in cooperation

48 with, or at the request or suggestion of a candidate or candidate’s committee and meeting the

49 criteria provided in §3-8-9a of this code.

50  (11) "Corporate political action committee" means a political action committee that is a

51 separate segregated fund of a corporation that may only accept contributions from its restricted

52 group as outlined by the rules of the State Election Commission.

53  (12) "Direct costs of purchasing, producing, or disseminating electioneering

54 communications" means:

55  (A) Costs charged by a vendor, including, but not limited to, studio rental time,

56 compensation of staff and employees, costs of video or audio recording media and talent, material

57 and printing costs, and postage; or

58  (B) The cost of airtime on broadcast, cable, or satellite radio and television stations, the

59 costs of disseminating printed materials, studio time, use of facilities, and the charges for a broker

60 to purchase airtime.

61  (13) "Disclosure date" means either of the following:

62  (A) The first date during any calendar year on which any electioneering communication is

63 disseminated after the person paying for the communication has spent a total of $5,000 or more

64 for the direct costs of purchasing, producing, or disseminating electioneering communications; or

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65  (B) Any other date during that calendar year after any previous disclosure date on which

66 the person has made additional expenditures totaling $5,000 or more for the direct costs of

67 purchasing, producing, or disseminating electioneering communications.

68  (14) "Election" means any primary, general, or special election conducted under the

69 provisions of this code or under the charter of any municipality at which the voters nominate or

70 elect candidates for public office. For purposes of this article, each primary, general, special, or

71 local election constitutes a separate election. This definition is not intended to modify or abrogate

72 the definition of the term "nomination" as used in this article.

73  (15)(A) "Electioneering communication" means any paid communication made by

74 broadcast, cable or satellite signal, mass mailing, telephone bank, billboard advertisement, or

75 publication in any newspaper, magazine, or other periodical that:

76  (i) Refers to a clearly identified candidate for Governor, Secretary of State, Attorney

77 General, Treasurer, Auditor, Commissioner of Agriculture, Supreme Court of Appeals, or the

78 Legislature;

79  (ii) Is publicly disseminated within:

80  (I) Thirty days before a primary election in which the nomination for office sought by the

81 candidate is to be determined; or

82  (II) Sixty days before a general or special election in which the office sought by the

83 candidate is to be filled; and

84  (iii) Is targeted to the relevant electorate.

85  (B) "Electioneering communication" does not include:

86  (i) A news story, commentary, or editorial disseminated through the facilities of any

87 broadcast, cable or satellite television, radio station, newspaper, magazine, or other periodical

88 publication not owned or controlled by a political party, political committee, or candidate: Provided,

89 That a news story disseminated through a medium owned or controlled by a political party, political

90 committee, or candidate is nevertheless exempt if the news is:

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91   (I) A bona fide news account communicated in a publication of general circulation or

92 through a licensed broadcasting facility; and

93   (II) Is part of a general pattern of campaign-related news that gives reasonably equal

94 coverage to all opposing candidates in the circulation, viewing, or listening area;

95   (ii) Activity by a candidate committee, party executive committee, a caucus campaign

96 committee, or a political action committee that is required to be reported to the State Election

97 Commission or the Secretary of State as an expenditure pursuant to §3-8-5 of this code or the

98 rules of the State Election Commission or the Secretary of State promulgated pursuant to such

99 provision: Provided, That independent expenditures by a party executive committee, caucus

100 committee, or a political action committee required to be reported pursuant to §3-8-2 of this code

101 are not exempt from the reporting requirements of this section;

102  (iii) A candidate debate or forum conducted pursuant to rules adopted by the State Election

103 Commission or the Secretary of State or a communication promoting that debate or forum made

104 by or on behalf of its sponsor;

105  (iv) A communication paid for by any organization operating under Section 501(c)(3) of

106 the Internal Revenue Code of 1986;

107  (v) A communication made while the Legislature is in session which, incidental to

108 promoting or opposing a specific piece of legislation pending before the Legislature, urges the

109 audience to communicate with a member or members of the Legislature concerning that piece of

110 legislation;

111  (vi) A statement or depiction by a membership organization in existence prior to the date

112 on which the individual named or depicted became a candidate, made in a newsletter or other

113 communication distributed only to bona fide members of that organization;

114  (vii) A communication made solely for the purpose of attracting public attention to a product

115 or service offered for sale by a candidate or by a business owned or operated by a candidate

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116 which does not mention an election, the office sought by the candidate, or his or her status as a

117 candidate; or

118  (viii) A communication, such as a voter’s guide, which refers to all of the candidates for

119 one or more offices, which contains no appearance of endorsement for, or opposition to, the

120 nomination or election of any candidate and which is intended as nonpartisan public education

121 focused on issues and voting history.

122  (16) "Expressly advocating" means any communication that:

123  (A) Uses phrases such as "vote for the Governor", "re-elect your Senator", "support the

124 incumbent nominee for Supreme Court", "cast your ballot for the Republican challenger for House

125 of Delegates", "Smith for House", "Bob Smith in ‘04", "vote Pro-Life", or "vote Pro-Choice"

126 accompanied by a listing of clearly identified candidates described as Pro-Life or Pro-Choice,

127 "vote against Old Hickory", "defeat" accompanied by a picture of one or more candidates, "reject

128 the incumbent";

129  (B) Communicates campaign slogans or individual words that can have no other

130 reasonable meaning than to urge the election or defeat of one or more clearly identified

131 candidates, such as posters, bumper stickers, advertisements, etc., which say "Smith’s the One",

132 "Jones ‘06", "Baker", etc.; or

133  (C) Is susceptible of no reasonable interpretation other than as an appeal to vote for or

134 against a specific candidate.

135  (17) "Financial agent" means any individual acting for and by himself or herself, or any two

136 or more individuals acting together or cooperating in a financial way to aid or take part in the

137 nomination or election of any candidate for public office, or to aid or promote the success or defeat

138 of any political party at any election.

139  (18) "Financial transactions" means all contributions or loans received and all repayments

140 of loans or expenditures made to promote the candidacy of any person by any candidate or any

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141 organization advocating or opposing the nomination, election, or defeat of any candidate to be

142 voted on.

143  (19) "Firewall" means a policy designed and implemented to prohibit the flow of information

144 between employees or consultants providing services for the person paying for a communication

145 and those employees or consultants currently or previously providing services to a candidate, or

146 to a committee supporting or opposing a candidate clearly identified in the communication.

147  (20) "Foreign national" means the following:

148  (A) A foreign principal, as such term is defined in 22 U.S.C. § 611(b), which includes:

149  (i) A government of a foreign country;

150  (ii) A foreign political party;

151  (iii) A person outside of the United States, unless it is established that such person:

152  (I) Is an individual and a citizen of the United States; or

153  (II) That such person is not an individual and is organized under or created by the laws of

154 the United States or of any state or other place subject to the jurisdiction of the United States and

155 has its principal place of business within the United States; and

156  (iv) A partnership, association, corporation, organization, or other combination of persons

157 organized under the laws of, or having its principal place of business in, a foreign country.

158  (B) An individual who is not a citizen of the United States or a national of the United States,

159 as defined in 8 U.S.C. § 1101(a)(22), and who is not lawfully admitted for permanent residence,

160 as defined by 8 U.S.C. § 1101(a)(20).

161  (21) "Fund-raising event" or "fundraiser" means an event such as a dinner, reception,

162 testimonial, cocktail party, auction, or similar affair through which contributions are solicited or

163 received.

164  (22) "In concert or cooperation with or at the request or suggestion of" means that a

165 candidate or his or her agent consulted with:

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166  (A) The sender regarding the content, timing, place, nature, or volume of a particular

167 communication or communication to be made; or

168  (B) A person making an expenditure that would otherwise offset the necessity for an

169 expenditure of the candidate or candidate’s committee.

170  (23) "Independent expenditure" means an expenditure by a person:

171  (A) Expressly advocating the election or defeat of a clearly identified candidate, including

172 supporting or opposing the candidates of a political party; and

173  (B) That is not made in concert or cooperation with or at the request or suggestion of such

174 candidate, his or her agents, the candidate’s authorized political committee, or a political party

175 committee or its agents.

176  An expenditure which does not meet the criteria for an independent expenditure is

177 considered a contribution.

178  (24) "Local" refers to the election of candidates to a city, county, or municipal office and

179 any issue to be voted on by only the residents of a particular political subdivision.

180  (25) “Major business affiliation” means a person’s employer or, if the individual is not an

181 employee, the entity from which a person derives the majority of his or her income.

182  (26) "Mass mailing" means a mailing by United States mail, facsimile, or electronic mail of

183 more than 500 pieces of mail matter of an identical or substantially similar nature within any 30-

184 day period. For purposes of this subdivision, "substantially similar" includes communications that

185 contain substantially the same template or language, but vary in nonmaterial respects such as

186 communications customized by the recipient’s name, occupation, or geographic location.

187  (27) "Membership organization" means a group that grants bona fide rights and privileges,

188 such as the right to vote, to elect officers or directors, and the ability to hold office to its members

189 and which uses a majority of its membership dues for purposes other than political purposes.

190 "Membership organization" does not include organizations that grant membership upon receiving

191 a contribution.

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192  (28) "Membership organization political action committee" means a labor organization or

193 a trade association, cooperative, or other incorporated membership organization that: Is

194 composed of members; expressly states the qualifications for membership in its articles and by-

195 laws; makes its articles, by-laws, and other organizational documents available to its members;

196 expressly seeks members; acknowledges acceptance of membership, such as by sending

197 membership cards to new members or including them on a membership newsletter list; and is

198 organized such that it operates a subsidiary entity or segregated fund within the membership

199 organization primarily for the purpose of influencing any election on the ballot in the State of West

200 Virginia.

201            (29) "Name" means the full first name, middle name, or initial, if any, and full legal last

202 name of an individual and the full name of any association, corporation, committee, or other

203 organization of individuals, making the identity of any person who makes a contribution apparent

204 by unambiguous reference.

205  (30) “Occupation” means an individual’s trade, profession, or vocation in which the

206 individual is engaged for the purpose of earning income or other economic benefit.

207  (31) "Person" means an individual, corporation, partnership, committee, association, and

208 any other organization or group of individuals.

209            (32) "Political action committee" means a committee organized by one or more persons,

210 the primary purpose of which is to support or oppose the nomination or election of one or more

211 candidates. The following are types of political action committees:

212  (A) A corporate political action committee, as that term is defined in this section;

213  (B) A membership organization political action committee, as that term is defined in this

214 section; and

215  (C) An unaffiliated political action committee, as that term is defined in this section.

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216  (33) "Political committee" means any candidate committee, political action committee, or

217 political party committee.

218  (34) "Political party" means a political party as that term is defined by §3-1-8 of this code

219 or any committee established, financed, maintained, or controlled by the party, including any

220 subsidiary, branch, or local unit thereof, and including national or regional affiliates of the party.

221  (35) "Political party committee" means a committee established by a political party or

222 political party caucus for the purposes of engaging in the influencing of the election, nomination,

223 or defeat of a candidate in any election.

224  (36) "Political purposes" means supporting or opposing the nomination, election, or defeat

225 of one or more candidates or the passage or defeat of a ballot issue, supporting the retirement of

226 the debt of a candidate or political committee or the administration or activities of an established

227 political party or an organization which has declared itself a political party, and determining the

228 advisability of becoming a candidate under the pre-candidacy financing provisions of this chapter.

229  (37) "Targeted to the relevant electorate" means a communication which refers to a clearly

230 identified candidate for statewide office or the Legislature and which can be received by 140,000

231 or more individuals in the state in the case of a candidacy for statewide office, 8,220 or more

232 individuals in the district in the case of a candidacy for the State Senate, and 2,410 or more

233 individuals in the district in the case of a candidacy for the House of Delegates.

234  (38) "Telephone bank" means telephone calls that are targeted to the relevant electorate,

235 other than telephone calls made by volunteer workers, regardless of whether paid professionals

236 designed the telephone bank system, developed calling instructions, or trained volunteers.

237  (39) "Unaffiliated political action committee" means a political action committee that is not

238 affiliated with a corporation or a membership organization.

     §3-8-5a. Information required in financial statement.

1    (a) Each financial statement required by the provisions of this article, other than a

2 disclosure of electioneering communications pursuant to §3-8-2b of this article, shall contain only

3 the following information:

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4   (1) The name, residence and mailing address and telephone number of each candidate,

5 financial agent, treasurer, or person and the name, address, and telephone number of each

6 association, organization, or committee filing a financial statement.

7   (2) The balance of cash and any other sum of money on hand at the beginning and the

8 end of the period covered by the financial statement.

9   (3) The name of any person making a contribution and the amount of the contribution. If

10 the total contributions of any one person in any one election cycle amount to more than $250, the

11 residence and mailing address of the contributor and, if the contributor is an individual, his or her

12 major business affiliation and occupation shall also be reported. A contribution totaling more than

13 $50 of currency of the United States or currency of any foreign country by any one contributor is

14 prohibited and a violation of §3-8-5d of this article.

15  (4) The total amount of contributions received during the period covered by the financial

16 statement.

17  (5) The name, residence and mailing address of any individual or the name and mailing

18 address of each lending institution making a loan or of the spouse cosigning a loan, as

19 appropriate, the amount of any loan received, the date and terms of the loan, including the interest

20 and repayment schedule, and a copy of the loan agreement.

21  (6) The name, residence, and mailing address of any individual or the name and mailing

22 address of each partnership, firm, association, committee, organization, or group having

23 previously made or cosigned a loan for which payment is made or a balance is outstanding at the

24 end of the period, together with the amount of repayment on the loan made during the period and

25 the balance at the end of the period.

26  (7) The total outstanding balance of all loans at the end of the period.

27  (8) The name, residence, and mailing address of any person to whom each expenditure

28 was made or liability incurred, including expenditures made on behalf of a candidate or political

29 committee that otherwise are not made directly by the candidate or political committee, together

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30 with the amount and purpose of each expenditure or liability incurred and the date of each

31 transaction.

32  (9) The total expenditure for the nomination, election, or defeat of a candidate or any

33 person supporting, aiding, or opposing the nomination, election, or defeat of any candidate in

34 whose behalf an expenditure was made or a contribution was given for the primary or other

35 election.

36  (10) The total amount of expenditures made during the period covered by the financial

37 statement.

38  (b) Any unexpended balance at the time of making the financial statements herein

39 provided for shall be properly accounted for in that financial statement and shall appear as a

40 beginning balance in the next financial statement.

41  (c) Each financial statement required by this section shall contain a separate section

42 setting forth the following information for each fund-raising event held during the period covered

43 by the financial statement:

44  (1) The type of event, date held, and address and name, if any, of the place where the

45 event was held.

46  (2) All of the information required by subdivision (3), subsection (a) of this section.

47  (3) The total of all moneys received at the fund-raising event.

48  (4) The expenditures incident to the fund-raising event.

49  (5) The net receipts of the fund-raising event.

50  (d) When any lump sum payment is made to any advertising agency or other disbursing

51 person who does not file a report of detailed accounts and verified financial statements as required

52 in this section, such lump sum expenditures shall be accounted for in the same manner as

53 provided for herein.

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54  (e) Any contribution or expenditure made by or on behalf of a candidate for public office,

55 to any other candidate or committee for a candidate for any public office in the same election shall

56 be accounted for in accordance with the provisions of this section.

57  (f) No person may make any contribution except from his, her, or its own funds, unless

58 such person discloses in writing to the person required to report under this section the name,

59 residence, mailing address, major business affiliation, and occupation of the person which

60 furnished the funds to the contributor. All such disclosures shall be included in the statement

61 required by this section.

62  (g) Any firm, association, committee, or fund permitted by §3-8-8 of this code to be a

63 political committee shall disclose on the financial statement its corporate or other affiliation.

64  (h) No contribution may be made, directly or indirectly, in a fictitious name, anonymously

65 or by one person through an agent, relative, or other person so as to conceal the identity of the

66 source of the contribution or in any other manner so as to effect concealment of the contributor's

67 identity.

68  (i) No person may accept any contribution for the purpose of influencing the nomination,

69 election, or defeat of a candidate or for the passage or defeat of any ballot issue unless the identity

70 of the donor and the amount of the contribution is known and reported.

71  (j) When any person receives an anonymous contribution which cannot be returned

72 because the donor cannot be identified, that contribution shall be donated to the General Revenue

73 Fund of the state. Any anonymous contribution shall be recorded as such on the candidate's

74 financial statement but may not be expended for election expenses. At the time of filing, the

75 financial statement shall include a statement of distribution of anonymous contributions, which

76 total amount shall equal the total of all anonymous contributions received during the period.

77  (k) Any membership organization which raises funds for political purposes by payroll

78 deduction, assessing them as part of its membership dues or as a separate assessment, may

79 report the amount raised as follows:

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80   (1) If the portion of dues or assessments designated for political purposes equals $25 or

81 less per member over the course of a calendar year, the total amount raised for political purposes

82 through membership dues or assessments during the period is reported by showing the amount

83 required to be paid by each member and the number of members.

84   (2) If the total payroll deduction for political purposes of each participating member equals

85 $25 or less over the course of a calendar or fiscal year, as specified by the organization, the

86 organization shall report the total amount received for political purposes through payroll

87 deductions during the reporting period and, to the maximum extent possible, the amount of each

88 yearly payroll deduction contribution level and the number of members contributing at each such

89 specified level. The membership organization shall maintain records of the name and yearly

90 payroll deduction amounts of each participating member.

91   (3) If any member contributes to the membership organization through individual voluntary

92 contributions by means other than payroll deduction, membership dues, or assessments as

93 provided in this subsection, the reporting requirements of subdivision (3), subsection (a) of this

94 section shall apply. Funds raised for political purposes must be segregated from the funds for

95 other purposes and listed in its report.

96   (l) Notwithstanding the provisions of §3-8-5 of this code or of the provisions of this section

97 to the contrary, an alternative reporting procedure may be followed by a political party committee

98 in filing financial reports for fund-raising events if the total profit does not exceed $5,000 per year.

99 A political party committee may report gross receipts for the sale of food, beverages, services,

100 novelty items, raffle tickets, or memorabilia, except that any receipt of more than $50 from an

101 individual or organization shall be reported as a contribution. A political party committee using this

102 alternative method of reporting shall report:

103  (i) The name of the committee;

104  (ii) The type of fund-raising activity undertaken;

105  (iii) The location where the activity occurred;

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106  (iv) The date of the fundraiser;

107  (v) The name of any individual who contributed more than $50 worth of items to be sold;

108  (vi) The name and amount received from any person or organization purchasing more

109 than $50 worth of food, beverages, services, novelty items, raffle tickets, or memorabilia;

110  (vii) The gross receipts of the fundraiser; and

111  (viii) The date, amount, purpose, and name and address of each person or organization

112 from whom items with a fair market value of more than $50 were purchased for resale.

113  (m) All financial statements filed after January 1, 2027, in any municipal, county, or other

114 non-statewide election shall be filed with Secretary of State’s Office.

     §3-8-6a. Financial statement forms; filing; disposition.

1    (a) For each financial statement required by the provisions of this article, the following

2 information may not be made publicly available in any manner, including, but not limited to,

3 disclosure on any governmental websites or in response to public records requests under the

4 West Virginia Freedom of Information Act, §29B-1-1 et. seq. of this code:

5    (1) The street number and street name in the residence and mailing address of any

6 individual who makes a contribution, or who makes or cosigns a loan;

7    (2) The major business affiliation of that individual; and

8    (3) The street number and street name in the residence and mailing address of the

9 treasurer.

10   (b) Notwithstanding the provisions of subsection (a) of this section, the information

11 protected from disclosure by subsection (a) of this section may be disclosed or released to a

12 government entity for any purposes authorized by federal law, a provision of this code, or a

13 legislative rule promulgated pursuant to the provisions of §29A-1-1 et seq. of this code.

14   (c) The effective date of the requirements of subsection (a) of this section is January 1,

15 2027, and the requirements of subsection (a) of this section do not apply to financial statements

16 submitted before January 1, 2027.

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    §3-8-11. Specific acts forbidden; penalties.

1   (a) Any person who, directly or indirectly, by himself, or by any other person on his or her

2 behalf, makes use of, or threatens to make use of, any force, violence or restraint, or inflict, or

3 threatens to inflict, any damage, harm, or loss, upon or against any person, or by any other means

4 attempt to intimidate or exert any undue influence, in order to induce that person to vote or refrain

5 from voting, or on account of that person having voted or refrained from voting, at any election,

6 or who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the

7 free exercise of the suffrage by any elector, or thereby compels, induces, or prevails upon any

8 elector either to vote or refrain from voting for or against any particular candidate or measure; or

9   (b) Any person who, being an employer, or acting for or on behalf of any employer, gives

10 any notice or information to his or her employees, containing any threat, either express or implied,

11 intended or calculated to influence the political view or actions of the workmen or employees; or

12  (c) Any person who, knowingly, makes or publishes, or causes to be made or published,

13 any false statement in regard to any candidate, which statement is intended or tends to affect any

14 voting at any election whatever; or

15  (d) Any person who pays any owner, publisher, editor or employee or any newspaper or

16 other periodical, to advocate or oppose editorially, any candidate for nomination or election, or

17 any political party, or any measure to be submitted to the vote of the people; or any owner,

18 publisher, editor or employee, who solicits or accepts the payment is guilty of a misdemeanor,

19 and, upon conviction thereof, shall be fined not more than $10,000, or confined in jail for not more

20 than one year, or, in the discretion of the court, shall be subject to both such fine and

21 imprisonment.

22  (e) Any individual whose street number and street name or major business affiliation is

23 disclosed to the public in violation of §3-8-6a of this code, and any treasurer whose address is

24 disclosed to the public in violation of §3-8-6a of this code, shall provide notice of the violation to

25 the government agency or government entity responsible for the disclosure via certified mail

                                                  16
    Enr CS for SB 640

26 addressed to the lead employee for the government agency or government entity. If the

27 governmental agency or government entity fails to remove or redact the information within 10

28 business days of the receipt of the notice, the aggrieved individual may recover a civil penalty in

29 the amount of $1,000 from the government agency or government entity responsible for each

30 report on which that information is publicly disclosed.

31  (f) Any state or local officer or employee who knowingly and willfully discloses to the public

32 an individual’s street number and street name or major business affiliation in violation of §3-8-6a

33 of this code, or a treasurer's address in violation of §3-8-6a of this code, is guilty of a

34 misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000, or confined in

35 jail for not more than one year, or, in the discretion of the court, both fined and imprisoned.

                       17
Enr CS for SB 640
              The Clerk of the Senate and the Clerk of the House of Delegates hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

                       Clerk of the Senate
                           ...............................................................
                               Clerk of the House of Delegates

         Originated in the Senate.
         In effect 90 days from passage.

                                       ...............................................................
                                                 President of the Senate
                                                           ...............................................................
                                                              Speaker of the House of Delegates
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

                                                              19
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