May a judicial candidate’s treasurer collect contributions through a PayPal button on the campaign website?

Short answer West Virginia JIC Opinion 2012-11 permits a campaign committee PayPal button, while requiring reasonable contributions and compliance with applicable legal limits.
Bar
JUDICIAL-WV
Issued
February 23, 2012

Apply this to your situation

This page answers the general question as of 2012. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2012
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A candidate for the West Virginia Supreme Court of Appeals asked whether the campaign treasurer could collect contributions through a PayPal button on the official campaign website.

Under former Canon 5C(2), the Commission allowed the committee to use the button. It said the committee should ensure contributions are reasonable and meet applicable legal requirements and limits.

In practice

The opinion addresses committee collection through the campaign site; it does not remove the Canon’s ban on personal solicitation or acceptance by the candidate.

Common questions

Q: Can the committee use a PayPal button?

A: Yes, on the committee’s official campaign web page.

Q: What limits still apply?

A: Contributions must be reasonable and satisfy applicable legal requirements and limits.

Q: May the candidate personally solicit through it?

A: The opinion quotes former Canon 5C(2)’s prohibition on a candidate personally soliciting or accepting contributions.

Background and rules framework

Former Canon 5C(2) separates a candidate’s prohibited personal solicitation from a responsible campaign committee’s ability to solicit and accept reasonable contributions.

Citations and references

West Virginia Code of Judicial Conduct (former): Canon 5C(2), including its comment on reasonable contributions and financial management.

See also

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

JUDICIAL INVESTIGATION COMMISSION
City Center East - Suite 1200 A
4700 MacCorkle Ave., SE
Charleston, West Virginia 25304
(304) 558-0169 ® FAX (304) 558-0831

February 23, 2012

Re: JIC Advisory Opinion 2012-11.
Dear Mr.

Your request for an advisory opinion to Counsel was reviewed by the Judicial Investigation Commission at its February 10, 2012 meeting. You are a candidate for a seat on the Supreme Court of Appeals. You have a Campaign Committee and a Treasurer. You want to know if the Treasurer can collect contributions through a PayPal button inserted on the campaign’s official web page.

Canon 5C(2) of the Code of Judicial Conduct addresses campaign contributions and provides in pertinent part: ,

A candidate shall not personally solicit or accept campaign contributions or personally solicit publicly stated support. A candidate may, however, establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums, and other means not prohibited by law. Such committees may solicit and accept reasonable campaign contributions, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. Such committees are not prohibited from soliciting and accepting reasonable campaign contributions and public support from lawyers. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others.

>

JIC Advisory Opinion 2012-11
February 23, 2012
Page 2

The Comment to this provision states that “at the start of the campaign, the candidate must instruct his or her campaign committee to solicit or accept only contributions that are reasonable under the circumstances, The Comment also notes that the campaign committees “should manage campaign finances responsibly, avoiding deficits that might necessitate post-election fund-raising, to the extent possible.”

Based upon the foregoing, your campaign committee may use a PayPal button on the committee’s official web page to collect campaign contributions. The campaign committee should ensure that the contributions are reasonable and that they meet the necessary requirements/limitations prescribed by law.

It is hoped that this opinion fully addresses the issues which you have raised. If there is any further question regarding this matter do not hesitate to contact the Commission.

Sincerely,

Ronald E. Wilson, Chairperson
Judicial Investigation Commission

REW/tat

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