In a recently filed federal lawsuit, a West Virginia independent expenditure political action committee says a Secretary of State policy that prohibits independent expenditures by corporations limits free speech rights. Stay the Course West Virginia and its chairman David Bailey along with Pineville Lumber Inc. and Kanawha County voter Thomas Stephen Bailey filed the suit May 23 against Secretary of State Natalie Tennant and Mercer County Prosecutor Scott Ash. Bailey created Stay the Course West Virginia to make independent expenditures supporting the re-election of certain incumbents before the state’s November general election. However, the state’s election code prohibits a person from contributing more than $1,000 to candidates running for any public office, the suit states. “Any person violating any provision of West Virginia Code… is guilty of a misdemeanor and is subject to a fine of not more than $1,000 and/or confinement in jail for not more than one year,” the suit notes.
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