Prohibiting refunds of candidate filing fees

SB 834 Text

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Introduced Version

Senate Bill 834 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
Introduced
Senate Bill 834
By Senator Morris
[Introduced February 9, 2026; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §3-5-8 of the Code of West Virginia, 1931, as amended, relating to prohibiting the refund of a filing fee to a candidate for public office under certain circumstances.
Be it enacted by the Legislature of West Virginia:

ARTICLE 5. primary elections and nominating procedures.

§3-5-8. Filing fees and their disposition.

(a) Every person who becomes a candidate for nomination for or election to office in any primary election shall, at the time of filing the certificate of announcement as required in this article, pay a filing fee as follows:
(1) A candidate for president of the United States, for vice president of the United States, for United States Senator, for member of the United States House of Representatives, for Governor and for all other state elective offices shall pay a fee equivalent to one percent of the annual salary of the office for which the candidate announces:
Provided
, That the filing fee for any candidate for president or vice president of the United States
shall

may
not exceed $2,500 commencing with the 2004 filing period;
(2) A candidate for the office of judge of a circuit court and judge of a family court shall pay a fee equivalent to one percent of the total annual salary of the office for which the candidate announces;
(3) A candidate for member of the House of Delegates shall pay a fee of one-half percent of the total annual salary of the office and a candidate for state Senator shall pay a fee of one percent of the total annual salary of the office;
(4) A candidate for sheriff, prosecuting attorney, circuit clerk, county clerk, assessor, member of the county commission and magistrate shall pay a fee equivalent to one percent of the annual salary, excluding any additional compensation or commission of the office for which the candidate announces. A candidate for county board of education shall pay a fee of $25. A candidate for any other county office shall pay a fee of $10;
(5) Delegates to the national convention of any political party shall pay the following filing fees:
(A) A candidate for delegate-at-large shall pay a fee of $20; and
(B) A candidate for delegate from a congressional district shall pay a fee of $10;
(6) Candidates for members of political executive committees and other political committees shall pay the following filing fees:
(A) A candidate for member of a state executive committee of any political party shall pay a fee of $20;
(B) A candidate for member of a county executive committee of any political party shall pay a fee of $10; and
(C) A candidate for member of a congressional, senatorial or delegate district committee of any political party shall pay a fee of $5.
(b) Candidates shall pay the filing fee to the election official with whom the certificate of announcement is filed according to §3-5-7 of this code at the time of filing their certificates of announcement and no certificate of announcement shall be received until the filing fee is paid.
(c) All moneys received by the clerk from the fees shall be credited to the general county fund. Moneys received by the Secretary of State from fees paid by candidates for offices to be filled by all the voters of the state shall be deposited in a special fund for that purpose and shall be apportioned and paid by him or her to the several counties on the basis of population and that received from candidates from a district or judicial circuit of more than one county shall be apportioned to the counties comprising the district or judicial circuit in like manner. When such moneys are received by sheriffs it shall be credited to the general county fund. Moneys received by the Secretary of State from fees paid by candidates for judicial or legislative offices to be filled by the voters of one county shall be apportioned to the county in which the boundaries of the district lie.
(d) In no case may a fee paid under this section be returned to a candidate.
NOTE: The purpose of this bill is to provide that a candidate’s filing fee is not generally refundable, even if the candidate withdraws from the race or does not make it onto the ballot.
Strike-throughs indicate language that would be stricken from a heading, or the present law and underscoring indicates new language that would be added.

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