§ 163-278.13C. Campaign contributions prohibition.
Overview of Statute
Section prohibits lobbyist from making a contribution to a candidate or candidate campaign committee, collecting contribution(s) from one or more contributors intended for that candidate or campaign committee, take possession of contribution(s) intended for that candidate or campaign committee, or transfer contribution(s) to the intended candidate or campaign committee.
(a) No lobbyist may make a contribution as defined in G.S. 163-278.6 to a candidate or candidate campaign committee as defined in G.S. 163-278.38Z when that candidate meets any of the following criteria:
(1) Is a legislator as defined in G.S. 120C-100.
(b) No lobbyist may do any of the following with respect to a candidate or candidate campaign committee described in subdivisions (a)(1) and (a)(2) of this section:
(1) Collect a contribution or multiple contributions from one or more contributors intended for that candidate or candidate campaign committee.
(2) Take possession of a contribution or multiple contributions intended for that candidate or candidate campaign committee.
(3) Transfer or deliver a collected contribution or multiple contributions to the intended candidate or candidate campaign committee.
(c) This section shall not apply to a lobbyist, who has filed a notice of candidacy for office under G.S. 163-106 [, 163-106.1, 163-106.2, 163-106.3, 163-106.4, 163-106.5, 163-106.6,] or Article 11 of this Chapter or has been nominated under G.S. 163-114 or G.S. 163-98, making a contribution to that lobbyist’s candidate campaign committee.
(d) For purposes of this section, the term “lobbyist” shall mean an individual registered as a lobbyist under Chapter 120C of the General Statutes.
(2007-347, ss. 5(a), (b); 2008-213, s. 86; 2013-381, s. 47.1(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
1. Definition for individual
The term “individual” means a single individual or more than one individual.
2. Definition for Legislator
Legislator. – As defined in G.S. 163A-152 and G.S. 163A-254.
3. Definition for Legislator
Legislator. – A member or presiding officer of the General Assembly, or an
individual elected or appointed a member or presiding officer of the General
Assembly before taking office.
4. Definition for contribution
The terms “contribute” or “contribution” mean any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, pledge or subscription of money or anything of value whatsoever, made to, or in coordination with, a candidate to support or oppose the nomination or election of one or more clearly identified candidates, to a political committee, to a political party, to an affiliated party committee, or to a referendum committee, whether or not made in an election year, and any contract, agreement, or other obligation to make a contribution. An expenditure forgiven by a person or entity to whom it is owed shall be reported as a contribution from that person or entity. These terms include, without limitation, such contributions as labor or personal services, postage, publication of campaign literature or materials, in-kind transfers, loans or use of any supplies, office machinery, vehicles, aircraft, office space, or similar or related services, goods, or personal or real property. These terms also include, without limitation, the proceeds of sale of services, campaign literature and materials, wearing apparel, tickets or admission prices to campaign events such as rallies or dinners, and the proceeds of sale of any campaign-related services or goods. Notwithstanding the foregoing meanings of “contribution,” the word shall not be construed to include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate, political committee, or referendum committee. The term “contribution” does not include an “independent expenditure.” If:
a. Any individual, person, committee, association, or any other organization or group of individuals, including but not limited to, a political organization (as defined in section 527(e)(1) of the Internal Revenue Code of 1986) makes, or contracts to make, any disbursement for any electioneering communication, as defined in this section; and
b. That disbursement is coordinated with a candidate, an authorized political committee of that candidate, a State or local political party or committee of that party, an affiliated party committee, or an agent or official of any such candidate, party, or committee that disbursement or contracting shall be treated as a contribution to the candidate supported by the electioneering communication or that candidate’s party and as an expenditure by that candidate or that candidate’s party.
5. Definition for Candidate campaign committee
“Candidate campaign committee” means any political committee organized by or under the direction of a candidate, except for an affiliated party committee as defined in G.S. 163A-1411(1).
6. Definition for Office
(4) Office. – The elected office for which the candidate has filed or petitioned.
(2006-155, s. 1; 2006-259, s. 48(a); 2017-6, s. 3.)
7. Definition for Lobbyist
Lobbyist. – An individual who engages in lobbying for payment and meets
any of the following criteria:
a. Represents another person or governmental unit, but is not directly
employed by that person or governmental unit.
b. Contracts for payment for lobbying.
c. Is employed by a person and a significant part of that employee’s
duties include lobbying. In no case shall an employee be considered a
lobbyist if in no 30-day period less than five percent (5%) of that
employee’s actual duties include engaging in lobbying as defined in
subdivision (17)a. of this section or if in no 30-day period less than
five percent (5%) of that employee’s actual duties include engaging in
lobbying as defined in subdivision (17)b. of this section.
The term “lobbyist” shall not include individuals who are specifically
exempted from this Article by G.S. 163A-365 or registered as liaison
personnel under Part 5 of this Article.
8. Definition for candidate
The term “candidate” means any individual who, with respect to a public office listed in G.S. 163A-1411(80), has taken positive action for the purpose of bringing about that individual’s nomination, retention, or election to public office. Examples of positive action include any of the following:
a. Filing a notice of candidacy, filing a notice to be retained, or a petition requesting to be a candidate.
b. Being certified as a nominee of a political party for a vacancy.
c. Otherwise qualifying as a candidate in a manner authorized by law.
d. Making a public announcement of a definite intent to run for public office in a particular election.
e. Receiving funds or making payments or giving the consent for anyone else to receive funds or transfer anything of value for the purpose of bringing about that individual’s nomination or election to office. Transferring anything of value includes incurring an obligation to transfer anything of value. Status as a candidate for the purpose of this Article continues if the individual is receiving contributions to repay loans or cover a deficit or is making expenditures to satisfy obligations from an election already held. Special definitions of “candidate” and “candidate campaign committee” that apply only in Part 2 of this Article are set forth in G.S. 163A-1475.
9. Definition for Committee
Committee. – The Legislative Ethics Committee as created in Part 3 of Article
14 of Chapter 120 of the General Statutes.
10. Definition for Candidate
“Candidate” means any individual who, with respect to a public office listed in G.S. 163A-1411(80), has filed a notice of candidacy, notice of retention, or a petition requesting to be a candidate, or has been certified as a nominee of a political party for a vacancy, or has otherwise qualified as a candidate in a manner authorized by law, or has filed a statement of organization under G.S. 163A-1412 and is required to file periodic financial disclosure statements under G.S. 163A-1418.
North Carolina Cases
Case Name: Preston v. Leake
Citation: 629 F. Supp.2d 517
Federal District Court: Eastern District of North Carolina
Case PDF: Preston v. Leake
Case Summary: Lobbyist had standing to bring action alleging that North Carolina statute barring state campaign contributions from lobbyists violated her First Amendment free speech and association rights; statute facially restricted expressive activity of class to which lobbyist belonged, and violators were subject to prosecution.