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North Carolina > Elections And Election Laws > Regulation of Election Campaigns - Corrupt Practices and Other Offenses Against the Elective Franchise (§ § 163-259 through 163-278.329) Disclosure Requirements for Media Advertisements (§ § 163-278.38z through 163-278.39c) Article 22A. Regulating Contributions and Expenditures in Political Campaigns (§ § 163-1 through 163-7)

§ 163-278.38Z. Definitions.

Statute

As used in this Part:

(1) “Advertisement” means any message appearing in the print media, on television, or on radio that constitutes a contribution or expenditure under this Article.

(2) “Candidate” means any individual who, with respect to a public office listed in G.S. 163-278.6(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. 163-278.7 and is required to file periodic financial disclosure statements under G.S. 163-278.9.

(3) “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. 163-278.6(1).

(4) “Full-screen” means the only picture appearing on the television screen during the oral disclosure statement contains the disclosing person, that the picture occupies all visible space on the television screen, and that the image of the disclosing person occupies at least fifty percent (50%) of the vertical height of the television screen.

(5) “Political action committee” has the same meaning as “political committee” in G.S. 163-278.6(74), except that “political action committee” does not include any political party, political party organization, or affiliated party committee.

(6) “Political party organization” means any political party executive committee or any political committee that operates under the direction of a political party executive committee or political party chair, or any affiliated party committee.

(7) “Print media” means billboards, cards, newspapers, newspaper inserts, magazines, mass mailings, pamphlets, fliers, periodicals, and outdoor advertising facilities.

(8) “Radio” means any radio broadcast station that is subject to the provisions of 47 U.S.C. §§ 315 and 317.

(9) “Scan line” means a standard term of measurement used in the electronic media industry calculating a certain area in a television advertisement.

(10) “Sponsor” means a candidate, candidate committee, political party organization, political action committee, referendum committee, individual, or other entity that purchases an advertisement.

(11) “Television” means any television broadcast station, cable television system, wireless-cable multipoint distribution system, satellite company, or telephone company transmitting video programming that is subject to the provisions of 47 U.S.C. §§ 315 and 317.

(12) “Unobscured” means the only printed material that may appear on the television screen is a visual disclosure statement required by law, and nothing is blocking the view of the disclosing person’s face.

(199-453, s. 2(a); 2004-203, s. 12(a); 2010-170, s. 7; 2015-66, s. 8(b); 2015-258, s. 3(q); 2015-264, s. 81(f); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Definition [referendum]

The term “referendum” means any question, issue, or act referred to a vote of the people of the entire State by the General Assembly, a unit of local government, or by the people under any applicable local act and includes constitutional amendments and State bond issues. The term “referendum” includes any type of municipal, county, or special district referendum and any initiative or referendum authorized by a municipal charter or local act. A recall election shall not be considered a referendum within the meaning of this Article.

§ 163A-1411 (82). Definitions.

Definition [Referendum]

“Referendum” means the event in which voters cast votes for or against ballot questions other than the election of candidates to office.

§ 163A-1095 (7). Definitions

Definition [Television]

“Television” means any television broadcast station, cable television system, wireless-cable multipoint distribution system, satellite company, or telephone company transmitting video programming that is subject to the provisions of 47 U.S.C. §§ 315 and 317.

§ 163A-1475 (11). Definitions.

Definition [expenditure]

The terms “expend” or “expenditure” mean any purchase, advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, pledge or subscription of money or anything of value whatsoever, whether or not made in an election year, and any contract, agreement, or other obligation to make an expenditure, to support or oppose the nomination, election, or passage of one or more clearly identified candidates, or ballot measure. An expenditure forgiven by a person or entity to whom it is owed shall be reported as a contribution from that person or entity. Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party. The term “expenditure” also includes any payment or other transfer made by a candidate, political committee, or referendum committee.

§ 163A-1411 (51). Definitions.

Definition [Expenditure]

Expenditure. – An expenditure means any purchase, advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift,pledge, subscription of money, anything of value whatsoever, and any contract, agreement, promise, or other obligation to make an expenditure, by a legal defense fund for a permitted use as provided in G.S. 163A-1570. An expenditure forgiven by a person or entity to whom it is owed shall be reported as a legal expense donation.

§ 163A-1550 (3). Definitions.

Definition [Print media]

“Print media” means billboards, cards, newspapers, newspaper inserts, magazines, mass mailings, pamphlets, fliers, periodicals, and outdoor advertising facilities.

§ 163A-1475 (7). Definitions.

Definition [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.

 

§ 163A-1411 (13). Definitions.

 

 

 

 

Definition [mass mailing]

The term “mass mailing” means any mailing by United States mail or facsimile to 20,000 or more households, cumulative per election, in a statewide election or 2,500 households, cumulative per election, in any other election.

§ 163A-1411 (70). Definitions.

Definition [public office]

The term “public office” means any office filled by election by the people on a statewide, county, municipal or district basis, and this Article shall be applicable to such elective offices whether the election therefor is partisan or nonpartisan.

§ 163A-1411 (80). Definitions.

Definition [Advertisement]

“Advertisement” means any message appearing in the print media, on television, or on radio that constitutes a contribution or expenditure under this Article.

§ 163A-1475 (1). Definitions.

Definition [political party]

The term “political party” means any political party organized or operating in this State, whether or not that party is recognized under the provisions of G.S. 163A-950. A special definition of “political party organization” that applies only in Part 2 of this Article is set forth in G.S. 163A-1475. An affiliated party committee is deemed a political party for this Article as set forth in G.S. 163A-1416 and G.S. 163A-1417.

§ 163A-1411 (76). Definitions.

Definition [political committee]

The term “political committee” means a combination of two or more individuals, such as any person, committee, association, organization, or other entity that makes, or accepts anything of value to make, contributions or expenditures and has one or more of the following characteristics:

a. Is controlled by a candidate;

b. Is a political party or executive committee of a political party or is controlled by a political party or executive committee of a political party;

c. Is created by a corporation, business entity, insurance company, labor union, or professional association pursuant to G.S. 163A-1436(d); or

d. Has the major purpose to support or oppose the nomination or election of one or more clearly identified candidates; [or]

e. Is an affiliated party committee. Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party. If the entity qualifies as a “political committee” under sub-subdivision a., b., c., or d. of this subdivision, it continues to be a political committee if it receives contributions or makes       expenditures or maintains assets or liabilities. A political committee ceases to exist when it winds up its operations, disposes of its assets, and files its final report. The term “political committee” includes the campaign of a candidate who serves as his or her own treasurer. Special definitions of “political action committee” and “candidate campaign committee” that apply only                  in Part 2 of this Article are set forth in G.S. 163A-1475.

§ 163A-1411 (74). Definitions.

 

 

 

 

 

 

 

Definition [referendum committee]

The term “referendum committee” means a combination of two or more individuals such as a committee, association, organization, or other entity or a combination of two or more business entities, corporations, insurance companies, labor unions, or professional associations such as a committee, association, organization, or other entity the primary purpose of which is to support or oppose the passage of any referendum on the ballot. If the entity qualifies as a “referendum committee” under this subdivision, it continues to be a referendum committee if it receives contributions or makes expenditures or maintains assets or liabilities. A referendum committee ceases to exist when it winds up its operations, disposes of its assets, and files its final report.

§ 163A-1411 (84). Definitions.

Definition [affiliated party committee]

The term “affiliated party committee” means a General Assembly affiliated party committee as established by G.S. 163A-1416 or Council of State affiliated party committee as established by G.S. 163A-1417.

§ 163A-1411 (1).  Definitions.

Definition [Political action committee]

“Political action committee” has the same meaning as “political committee” in G.S. 163A-1411(74), except that “political action committee” does not include any political party, political party organization, or affiliated party committee.

§ 163A-1475 (5). Definitions.

Definition [Political party organization]

“Political party organization” means any political party executive committee or any political committee that operates under the direction of a political party executive committee or political party chair, or any affiliated party committee.

§ 163A-1475 (6). Definitions.

Definition [media]

The term “communications media” or “media” means broadcasting stations, carrier current stations, newspapers, magazines, periodicals, outdoor advertising facilities, billboards, newspaper inserts, and any person or individual whose business is polling public opinion, analyzing or predicting voter behavior or voter preferences. Special definitions of “print media,” “radio,” and “television” that apply only in Part 2 of this Article are set forth in G.S. 163A-1475.

§ 163A-1411 (11). Definitions.

Definition [Radio]

“Radio” means any radio broadcast station that is subject to the provisions of 47 U.S.C. §§ 315 and 317.

§ 163A-1475 (8). Definitions.

Definition [State]

“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

§ 163A-1336 (5). Definitions.

Definition [expend]

The terms “expend” or “expenditure” mean any purchase, advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, pledge or subscription of money or anything of value whatsoever, whether or not made in an election year, and any contract, agreement, or other obligation to make an expenditure, to support or oppose the nomination, election, or passage of one or more clearly identified candidates, or ballot measure. An expenditure forgiven by a person or entity to whom it is owed shall be reported as a contribution from that person or entity. Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party. The term “expenditure” also includes any payment or other transfer made by a candidate, political committee, or referendum committee.

§ 163A-1411 (51). Definitions.

Definition [person]

The term “person” means any business entity, corporation, insurance company, labor union, or professional association.

§ 163A-1411 (72). Definitions.

Definition [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.)

§ 163A-1025 (4). Definitions.

Definition [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.

§ 163A-1411 (9). Definitions.

Definition [Committee]

Committee. – The Legislative Ethics Committee as created in Part 3 of Article
14 of Chapter 120 of the General Statutes.

§ 163A-152 (11). Definitions.

Definition [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.

§ 163A-1475 (2). Definitions.