CSR § 153-08 is an interpretive rule defining how this agency applies the electioneering prohibitions of W. Va. Code §§ 3-1-37 and 3-9-9. Prior to the 2017 regular session, that Rule alone defined the term “electioneering.” However, after the regular session, that definition was incorporated into W. Va. Code § 3-9-9.
The Rule was placed out for public comment on June 13, 2017. The Rule was circulated among the county election officials seeking input prior to the 30 day comment period. The comment period expired on July 13, 2017 and it was finalized.
Now, the majority of the Rule details the sort of electioneering activities which are permitted or prohibited; how to measure the 100-foot distance from the polling place door; and expands on the private property exemption to the electioneering restricted area.
In the amended W. Va. Code § 3-9-9, the term “electioneering” is defined quite broadly and could be interpreted to include all forms of advocacy (written, spoken, in-person, etc.). However, according to guidance published by the Federal Election Commission (FEC) (guide attached), the term “electioneering” is defined as any broadcast, cable or satellite communication that (1) refers to a clearly identified candidate for federal office; (2) is publicly distributed shortly before an election for the office that candidate is seeking; and (3) is targeted to the relevant electorate (U.S. House and Senate candidates only).
The FEC’s electioneering definition is limited to “broadcast, cable or satellite communications,” while the Code’s definition is much broader and, thus, more stringent on political activity. However, despite the Code’s more restrictive definition of “electioneering,” the Rule doesn’t actually define “electioneering;” it merely interprets and expands on the definition now provided by law.
In conclusion, though prior to the 2017 regular session CSR § 153-08 would be considered more stringent than the FEC’s definition of “electioneering,” the current Rule is not more stringent than any known federal rules, guidance, guides, etc.