§ 163-213.1. Short title.
Overview of Statute
Section defines the Article as the “Presidential Preference Primary Act.”
Statute
This Article may be cited as the “Presidential Preference Primary Act.”
(1971, c. 225; 1975, c. 744; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
- Cross-References:
- Presidential Preference Primary
- Presidential Preference Primary Act
1. Definition for contribute
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.
2. Definition for individual
The term “individual” means a single individual or more than one individual.
3. Definition for 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.
4. Definition for Referendum
“Referendum” means the event in which voters cast votes for or against ballot questions other than the election of candidates to office.
5. Definition for Legislator
Legislator. – As defined in G.S. 163A-152 and G.S. 163A-254.
6. Definition for Honorarium
Honorarium. – Payment for services for which fees are not legally or
traditionally required.
7. 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.
8. Definition for 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.
9. Definition for Unobscured
“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.
10. Definition for Challenger
Challenger. – Any qualified voter registered in the same district as the office
for which the candidate has filed or petitioned.
11. Definition for corporation
The term “corporation” means any corporation established under either domestic or foreign charter, and includes a corporate subsidiary and any business entity in which a corporation participates or is a stockholder, a partner or a joint venturer. The term applies regardless of whether the corporation does business in the State of North Carolina.
12. Definition for 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.
13. Definition for labor union
The term “labor union” means any union, organization, combination or association of employees or workmen formed for the purposes of securing by united action favorable wages, improved labor conditions, better hours of labor or work-related benefits, or for handling, processing or righting grievances by employees against their employers, or for representing employees collectively or individually in dealings with their employers. The term includes any unions to which Article 10, Chapter 95 applies.
14. Definition for Ballot item
“Ballot item” means a single item on a ballot in which the voters are to choose between or among the candidates or proposals listed.
15. Definition for Blind trust
Blind trust. – A trust established by or for the benefit of a covered person or a
member of the covered person’s immediate family for divestiture of all control
and knowledge of assets. A trust qualifies as a blind trust under this
subdivision if the covered person or a member of the covered person’s
immediate family has no knowledge of the holdings and sources of income of
the trust, the trustee of the trust is independent of and not associated with or
employed by the covered person or a member of the covered person’s
immediate family and is not a member of the covered person’s extended
family, and the trustee has sole discretion as to the management of the trust
assets.
16. Definition for Participate
Participate. – To take part in, influence, or attempt to influence, including
acting through an agent or proxy.
17. Definition for 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.
18. Definition for Full-screen
“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.
19. Definition for Print media
“Print media” means billboards, cards, newspapers, newspaper inserts, magazines, mass mailings, pamphlets, fliers, periodicals, and outdoor advertising facilities.
20. 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.
§ 163A-1411 (13). Definitions.
21. Definition for coordination
The term “coordination” means in concert or cooperation with, or at the request or suggestion of.
22. Definition for 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.
23. Definition for Ballot style
“Ballot style” means the version of a ballot within a jurisdiction that an individual voter is eligible to vote. For example, in a county that uses essentially the same official ballot, a group office such as county commissioner may be divided into districts so that different voters in the same county vote for commissioner in different districts. The different versions of the county’s official ballot containing only those district ballot items one individual voter may vote are the county’s different ballot styles.
24. Definition for Voting booth
“Voting booth” means the private space in which a voter is to mark an official ballot.
25. Definition for Voting place
“Voting place” means the building or area of the building that contains the voting enclosure.
26. Definition for Compensation
Compensation. – Any money, thing of value, or economic benefit conferred
on or received by any covered person or filing person in return for services
rendered or to be rendered by that covered person or filing person or another.
This term does not include campaign contributions properly received and,
reported as required by Article 23 of this Chapter.
27. Definition for State agency
State agency. – An agency in the executive branch of the government of this
State, including the Governor’s Office, a board, a department, a division, and
any other unit of government in the executive branch.
28. Definition for Vested trust
Vested trust. – A trust, annuity, or other funds held by a trustee or other third
party for the benefit of the covered person or a member of the covered
person’s immediate family, except a blind trust. A vested trust shall not
include a widely held investment fund, including a mutual fund, regulated
investment company, or pension or deferred compensation plan, if:
a. The covered person or a member of the covered person’s immediate
family neither exercises nor has the ability to exercise control over the
financial interests held by the fund; and
b. The fund is publicly traded, or the fund’s assets are widely diversified.
(2006-201, s. 1; 2007-347, ss. 7, 8; 2007-348, ss. 19-26; 2008-187, s.
44; 2008-213, ss. 40-54, 84(c); 2010-169, ss. 10, 17(n), (o); 2010-170,
s. 14; 2013-382, s. 9.1(c); 2015-241, s. 7A.4(n); 2017-6, s. 3.)
29. Definition for 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.
30. Definition for Voting system
“Voting system” means a system of casting and tabulating ballots. The term includes systems of paper ballots counted by hand as well as systems utilizing mechanical and electronic voting equipment. (2001-460, s. 3; 2001-466, s. 3(a), (b); 2002-159, s. 21(h); 2006-262, s. 4; 2013-381, ss. 30.1, 30.2; 2015-103, ss. 4(a), 5(a), 6(b); 2017-6, s. 3.)
31. Definition for Legal action.
Legal action. – A formal dispute in a judicial, legislative, or administrative forum, including but not limited to, a civil or criminal action filed in a court, a complaint or protest filed with a board of elections, an election contest filed under Article 3 of Chapter 120 of the General Statutes or G.S. 163A-1182, or a complaint filed with the State Board or Legislative Ethics Committee. The term “legal action” also includes investigations made or conducted before the commencement of any formal proceedings. The term “legal action” does not include the electionitself or the campaign for election.
32. Definition for Advertisement
“Advertisement” means any message appearing in the print media, on television, or on radio that constitutes a contribution or expenditure under this Article.
33. Definition for Covered voter
“Covered voter” means any of the following:
a. A uniformed-service voter or an overseas voter who is registered to vote in this State.
b. A uniformed-service voter defined in subdivision (7) of this section whose voting residence is in this State and who otherwise satisfies this State’s voter eligibility requirements.
c. An overseas voter who, before leaving the United States, was last eligible to vote in this State and, except for a State residency requirement, otherwise satisfies this State’s voter eligibility
requirements.
d. An overseas voter who, before leaving the United States, would have been last eligible to vote in this State had the voter then been of voting age and, except for a State residency requirement, otherwise satisfies this State’s voter eligibility requirements.
e. An overseas voter who was born outside the United States, is not described in sub-subdivision c. or d. of this subdivision, and, except for a State residency requirement, otherwise satisfies this State’s voter eligibility requirements, if:
1. The last place where a parent or legal guardian of the voter was, or under this Part would have been, eligible to vote before leaving the United States is within this State; and
2. The voter has not previously registered to vote in any other state.
34. Definition for United States
“United States,” used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
35. Definition for election cycle
The term “election cycle” means the period of time from January 1 after an election for an office through December 31 after the election for the next term of the same office. Where the term is applied in the context of several offices with different terms, “election cycle” means the period from January 1 of an odd-numbered year through December 31 of the next even-numbered year.
36. Definition for telephone bank
The term “telephone bank” means telephone calls that are targeted to the relevant electorate, except when those telephone calls are made by volunteer workers, whether or not the design of the telephone bank system, development of calling instructions, or training of volunteers was done by paid professionals.
37. Definition for Filing person
Filing person. – An individual required to file a statement of economic interest
under G.S. 163A-187.
38. Definition for Overseas voter
“Overseas voter” means a United States citizen who is outside the United States.
39. Definition for business entity
The term “business entity” means any partnership, joint venture, joint-stock company, company, firm, or any commercial or industrial establishment or enterprise.
40. Definition for 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.
41. Definition for Official ballot
“Official ballot” means a ballot that has been certified by the State Board of Elections and produced by or with the approval of the county board of elections. The term does not include a sample ballot or a specimen ballot.
42. Definition for Covered person
Covered person. – A legislator, public
43. Definition for Extended family
Extended family. – Spouse, lineal descendant, lineal ascendant, sibling,
spouse’s lineal descendant, spouse’s lineal ascendant, spouse’s sibling, and the
spouse of any of these individuals
44. Definition for Official action
Official action. – Any decision, including administration, approval,
disapproval, preparation, recommendation, the rendering of advice, and
investigation, made or contemplated in any proceeding, application,
submission, request for a ruling or other determination, contract, claim,
controversy, investigation, charge, or rule making.
45. Definition for Public servants
Public servants. – All of the following:
a. Constitutional officers of the State and individuals elected or
appointed as constitutional officers of the State prior to taking office.
b. Employees of the Office of the Governor.
c. Heads of all principal State departments, as set forth in G.S. 143B-6,
who are appointed by the Governor.
d. The chief deputy and chief administrative assistant of each individual
designated under sub-subdivision a. or c. of this subdivision.
e. Confidential assistants and secretaries as defined in G.S. 126-5(c)(2),
to individuals designated under sub-subdivision a., c., or d. of this
subdivision.
f. Employees in exempt positions designated in accordance with
G.S. 126-5(d)(1), (2), or (2a) and confidential secretaries to these
individuals.
g. Any other employees or appointees in the principal State departments
as may be designated by the Governor to the extent that the
designation does not conflict with the State Personnel Act.
h. Judicial employees.
i. All voting members of boards, including ex officio members,
permanent designees of any voting member, and members serving by
executive, legislative, or judicial branch appointment.
j. For The University of North Carolina, the voting members of the
Board of Governors of The University of North Carolina, the
president, the vice-presidents, and the chancellors, the
vice-chancellors, and voting members of the boards of trustees of the
constituent institutions.
k. For the Community College System, the voting members of the State
Board of Community Colleges, the President and the chief financial
officer of the Community College System, the president, chief
financial officer, and chief administrative officer of each community
college, and voting members of the boards of trustees of each
community college.
l. Members of the State Board, the executive director, and the assistant
executive director of the State Board.
m. Individuals under contract with the State working in or against a
position included under this subdivision.
n. The director of the Office of State Human Resources.
o. The State Controller.
p. The State Chief Information Officer, deputy chief information officers,
chief financial officers, and general counsel of the Department of
Information Technology.
q. The director of the State Museum of Art.
r. The executive director of the Agency for Public Telecommunications.
s. The Commissioner of Motor Vehicles.
t. The Commissioner of Banks and the chief deputy commissioners of
the Banking Commission.
u. The executive director of the North Carolina Housing Finance Agency.
v. The executive director, chief financial officer, and chief operating
officer of the North Carolina Turnpike Authority.
46. Definition for Elected officer
Elected officer. – Any individual serving in or seeking a public office. An individual is seeking a public office when that individual has filed any notice, petition, or other document required by law or local act as a condition of election to public office. An individual continues to be an elected officer for purposes of this Article as long as a legal action commenced while the individual was an elected officer continues. If a legal action is commenced after an individual ceases to serve in or seek public office but the legal action concerns subject matter in the individual’s official capacity as an elected officer, for purposes of this Article, that individual is an elected officer as long as that legal action continues.
47. Definition for regular session
The General Assembly is in “regular session” from the date set by law or resolution that the General Assembly convenes until the General Assembly either adjourns sine die or recesses or adjourns for more than 10 days.
§ 163A-1426. Limitation on fund-raising during legislative session. (a) Definitions (3)
48. Definition for Voting enclosure
“Voting enclosure” means the room within the voting place that is used for voting.
49. Definition for Executive action
Executive action. – The preparation, research, drafting, development,
consideration, modification, amendment, adoption, approval, tabling,
postponement, defeat, or rejection of a policy, guideline, request for proposal,
procedure, regulation, or rule by a public servant purporting to act in an
official capacity. This term does not include any of the following:
a. Present, prior, or possible proceedings of a contested case hearing
under Chapter 150B of th
tabling, postponement, defeat, or rejection of a bill, resolution, amendment,
motion, report, nomination, appointment, or other matter, whether or not the
matter is identified by an official title, general title, or other specific reference,
by a legislator or legislative employee acting or purporting to act in an official
capacity. It also includes the consideration of any bill by the Governor for the
Governor’s approval or veto under Article II, Section 22(1) of the Constitution
or for the Governor to allow the bill to become law under Article II, Section
22(7) of the Constitution.
50. Definition for Judicial officer
Judicial officer. – Justice or judge of the General Court of Justice, district
attorney, clerk of court, or any individual elected or appointed to any of these
positions prior to taking office.
51. Definition for enforcement costs
The term “enforcement costs” means salaries, overhead, and other monies spent by the State Board in the enforcement of the penalties provisions of this Article, including the costs of investigators, attorneys, travel costs for State Board employees and its attorneys, to the extent the costs do not constitute more than fifty percent (50%) of the sum levied for the enforcement costs and civil late penalty.
52. Definition for insurance company
The term “insurance company” means any person whose business is making or underwriting contracts of insurance, and includes mutual insurance companies, stock insurance companies, and fraternal beneficiary associations.
53. Definition for Liaison personnel
Liaison personnel. – Any State employee, counsel employed under
G.S. 147-17, or officer whose principal duties, in practice or as set forth in
that individual’s job description, include lobbying legislators or legislative
employees.
54. Definition for Financial benefit
Financial benefit. – A direct pecuniary gain or loss to the legislator, the public
servant, or a person with which the legislator or public servant is associated,
or a direct pecuniary loss to a business competitor of the legislator, the public
servant, or a person with which the legislator or public servant is associated.
55. Definition for Governmental unit
Governmental unit. – A political subdivision of the State, and any other entity
or organization created by a political subdivision of the State.
56. Definition for Judicial employee
Judicial employee. – The director and assistant director of the Administrative
Office of the Courts and any other individual, designated by the Chief Justice,
employed in the Judicial Department whose annual compensation from the
State is sixty thousand dollars ($60,000) or more.
57. Definition for Official capacity
Official capacity. – Related to or resulting from the campaign for public office or related to or resulting from holding public office. “Official capacity” is not limited to “scope and course of employment” as used in G.S. 143-300.3.
58. Definition for Uniformed service
“Uniformed service” means any of the following:
a. Active and reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States.
b. The Merchant Marine, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration of the United States.
c. The National Guard and state militia units.
59. Definition for Composite abstract
“Composite abstract” means a document signed by the members of the State Board showing the total number of votes for each candidate and ballot proposal and the number of votes in each county. A composite abstract does not include precinct returns.
60. Definition for Lobbyist principal
Lobbyist principal and principal. – The person or governmental unit on whose
behalf the lobbyist lobbies and who makes payment for the lobbying. In the
case where a lobbyist is paid by a law firm, consulting firm, or other entity
retained by a person or governmental unit for lobbying, the principal is the
person or governmental unit whose interests the lobbyist represents in
lobbying. In the case of a lobbyist employed or retained by an association or
other organization, the lobbyist principal is the association or other
organization, not the individual members of the association or other
organization.
The term “lobbyist principal” shall not include those designating
registered liaison personnel under Part 5 of this Article.
61. Definition for Immediate family
Immediate family. – An unemancipated child of the covered person residing
in the household and the covered person’s spouse, if not legally separated. A
member of a covered person’s extended family shall also be considered a
member of the immediate family if actually residing in the covered person’s
household.
62. Definition for Legislative action
Legislative action. – As the term is defined in G.S. 163A-250.
63. Definition for Permanent designee
Permanent designee. – An individual designated by a public servant to serve
and vote in the absence of the public servant on a regular basis on a board on
which the public servant serves.
64. Definition for costs of collection
The term “costs of collection” means monies spent by the State Board in the collection of the penalties levied under this Article to the extent the costs do not constitute more than fifty percent (50%) of the civil penalty. The costs are presumed to be ten percent (10%) of the civil penalty unless otherwise determined by the State Board based on the records of expenses incurred by the State Board for its collection procedures.
65. Definition for 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.
66. Definition for Limited contributor
“Limited contributor” means a lobbyist registered under Article 8 of this Chapter, that lobbyist’s agent, that lobbyist’s principal as defined in G.S. 163A-250(21) or a political committee that employs or contracts with or whose parent entity employs or contracts with a lobbyist registered under Article 8 of this Chapter.
§ 163A-1426. Limitation on fund-raising during legislative session. (a) Definitions (1)
67. Definition for Limited contributee
“Limited contributee” means a member of or candidate for the Council of State, a member of or candidate for the General Assembly, an affiliated party committee, or a Council of State affiliated party committee.
§ 163A-1426. Limitation on fund-raising during legislative session. (a) Definitions (2)
68. Definition for broadcasting station
The term “broadcasting station” means any commercial radio or television station or community antenna radio or television station. Special definitions of “radio” and “television” that apply only in Part 2 of this Article are set forth in G.S. 163A-1475.
69. Definition for communications 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.
70. Definition for independently expend
The term “independently expend” or “independent expenditure” means an expenditure to support or oppose the nomination or election of one or more clearly identified candidates that is not a coordinated expenditure. Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party. A contribution is not an independent expenditure. As applied to referenda, the term “independent expenditure” applies if consultation or coordination does not take place with a referendum committee that supports a ballot measure the expenditure supports, or a referendum committee that opposes the ballot measure the expenditure opposes.
71. Definition for 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.
72. Definition for Legislative employee
Legislative employee. – Employees and officers of the General Assembly,
consultants and counsel to committees of either house of the General
Assembly or of legislative commissions, who are paid by State funds, and
students at an accredited law school while in an externship program at the
General Assembly approved by the Legislative Services Commission, but not
including legislators, members of the Council of State, nonsupervisory
employees of the Administrative Division’s Facility Maintenance and Food
Services staff, or pages.
73. Definition for Legal expense fund
Legal expense fund. – Any collection of money for the purpose of funding a legal action, or a potential legal action, taken by or against an elected officer in that elected officer’s official capacity.
74. Definition for Designated individual.
Designated individual. – A legislator, legislative employee, or public servant.
75. Definition for Solicitation of others
Solicitation of others. – A solicitation of members of the public to
communicate directly with or contact one or more designated individuals to
influence or attempt to influence legislative or executive action to further the
solicitor’s position on that legislative or executive action, when that request is
made by any of the following methods:
a. A broadcast, cable, or satellite transmission.
b. An e-mail communication or a Web site posting.
c. A communication delivered by print media as defined in
G.S. 163A-1475.
d. A letter or other written communication delivered by mail or by
comparable delivery service.
e. Telephone.
f. A communication at a conference, meeting, or similar event.
The term “solicitation of others” does not include communications made
by a person or by the person’s agent to that person’s stockholders, employees,
board members, officers, members, subscribers, or other recipients who have
affirmatively assented to receive the person’s regular publications or notices.
(b) Except as otherwise defined in this section, the definitions in Article 5 of this Chapter
apply in this Article. (1933, c. 11, s. 1; 1975, c. 820, s. 1; 1991, c. 740, s. 1.1; 2001-424, s.
6.10(b); 2005-456, s. 1.; 2006-201, s. 18; 2007-347, s. 6(b); 2007-348, ss. 7, 8(a), (b); 2008-213,
ss. 4-8, 90; 2009-129, s. 3; 2010-169, ss. 17(a)-(e); 2017-6, s. 3.)
76. Definition for Legal expense donation
Legal expense donation. – A legal expense donation means any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, subscription of money, or anything of value whatsoever, and any contract, agreement, or other obligation to make a contribution to a legal expense fund for a permitted use as provided in G.S. 163A-1570. The term “legal expense donation” does not include either of the following:
a. The provision of legal services to an elected officer by the State or any of its political subdivisions when those services are authorized or required by law, or
b. The provision of free or pro bono legal advice or legal services, provided that any costs incurred or expenses advanced for which clients are liable under other provisions of law shall be deemed legal expense donations.
77. Definition for coordinated expenditure
The term “coordinated expenditure” means an expenditure that is made in concert or cooperation with, or at the request or suggestion of, a candidate, a candidate campaign committee as defined in G.S. 163A-1475(3), the agent of the candidate, or the agent of the candidate campaign committee. An expenditure for the distribution of information relating to a candidate’s campaign, positions, or policies, that is obtained through publicly available resources, including a candidate campaign committee, is not a coordinated expenditure if it is not made in concert or cooperation with, or at the request or suggestion of, a candidate, the candidate campaign committee, the agent of the candidate, or the agent of the candidate campaign committee.
78. Definition for independent expenditure
The term “independently expend” or “independent expenditure” means an expenditure to support or oppose the nomination or election of one or more clearly identified candidates that is not a coordinated expenditure. Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party. A contribution is not an independent expenditure. As applied to referenda, the term “independent expenditure” applies if consultation or coordination does not take place with a referendum committee that supports a ballot measure the expenditure supports, or a referendum committee that opposes the ballot measure the expenditure opposes.
79. Definition for Certificate of election
“Certificate of election” means a document prepared by the official or body with the legal authority to do so, conferring upon a candidate the right to assume an elective office as a result of being elected to it.
80. Definition for Reportable expenditure
Reportable expenditure. – Any of the following that directly or indirectly is
made to, at the request of, for the benefit of, or on the behalf of a designated
individual or that individual’s immediate family member:
a. Any advance, contribution, conveyance, deposit, distribution,
payment, gift, retainer, fee, salary, honorarium, reimbursement, loan,
pledge, or thing of value greater than ten dollars ($10.00) per
designated individual per single calendar day.
b. A contract, agreement, promise, or other obligation whether or not
legally enforceable.
81. Definition for Uniformed-service voter
“Uniformed-service voter” means an individual who is qualified to vote and is one of the following:
a. A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty.
b. A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States.
c. A member of the National Guard or State militia unit who is on activated status.
d. A spouse or dependent of a member referred to in this subdivision.
82. Definition for professional association
The term “professional association” means any trade association, group, organization, association, or collection of persons or individuals formed for the purposes of advancing, representing, improving, furthering or preserving the interests of persons or individuals having a common vocation, profession, calling, occupation, employment, or training.
83. Definition for Confidential information
Confidential information. – Information defined as confidential by the law.
84. Definition for Military-overseas ballot
“Military-overseas ballot” means any of the following:
a. A federal write-in absentee ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, section 103, 42 U.S.C. § 1973ff-2.
b. A ballot specifically prepared or distributed for use by a covered voter in accordance with this Part.
c. A ballot cast by a covered voter in accordance with this Part.
85. Definition for 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.
86. Definition for 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.
87. Definition for Provisional official ballot
“Provisional official ballot” means an official ballot that is voted and then placed in an envelope that contains an affidavit signed by the voter certifying identity and eligibility to vote. Except for its envelope, a provisional official ballot shall not be marked to make it identifiable to the voter.
88. Definition for electioneering communication
(41) The term “electioneering communication” means any broadcast, cable, or satellite communication, or mass mailing, or telephone bank that has all the following characteristics:
a. Refers to a clearly identified candidate for elected office.
b. In the case of the general election in November of the even-numbered year is aired or transmitted after September 7 of that year, and in the case of any other election is aired or transmitted within 60 days of the time set for absentee voting to begin pursuant to G.S. 163A-1300, 163A-1301, 163A-1302, 163A-1303, and 163A-1304 in an election for that office.
c. May be received by either:
1. 50,000 or more individuals in the State in an election for statewide office or 7,500 or more individuals in any other election if in the form of broadcast, cable, or satellite communication.
2. 20,000 or more households, cumulative per election, in a statewide election or 2,500 households, cumulative per election, in any other election if in the form of mass mailing or telephone bank.
(43) The term “electioneering communication” does not include any of the following:
a. A communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless those facilities are owned or controlled by any political party, affiliated party committee, political committee, or candidate.
b. A communication that constitutes an expenditure or independent expenditure under this Article.
c. A communication that constitutes a candidate debate or forum conducted pursuant to rules adopted by the Board or that solely promotes that debate or forum and is made by or on behalf of the person sponsoring the debate or forum.
d. A communication made while the General Assembly is in session which, incidental to advocacy for or against a specific piece of legislation pending before the General Assembly, urges the audience to communicate with a member or members of the General Assembly concerning that piece of legislation or a solicitation of others as defined in G.S. 163A-250(a)(36) properly reported under Article 8 of this Chapter.
e. A communication that meets all of the following criteria:
1. Does not mention any election, candidacy, political party, opposing candidate, or voting by the general public.
2. Does not take a position on the candidate’s character or qualifications and fitness for office.
3. Proposes a commercial transaction.
f. A public opinion poll conducted by a news medium, as defined in G.S. 8-53.11(a)(3), conducted by an organization whose primary purpose is to conduct or publish public opinion polls, or contracted for by a person to be conducted by an organization whose primary purpose is to conduct or publish public opinion polls. This sub-subdivision shall not apply to a push poll. For the purpose of this sub-subdivision, “push poll” shall mean the political campaign technique in which an individual or organization attempts to influence or alter the view of respondents under the guise of conducting a public opinion poll.
g. A communication made by a news medium, as defined in G.S. 8-53.11(a)(3), if the communication is in print.
§ 163A-1411 (41,43). Definitions.
89. 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).
90. Definition for 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.
91. Definition for day
The term “day” means calendar day.
92. Definition for Business with which associated
Business with which associated. – A business in which the covered person or
filing person or any member of that covered person’s or filing person’s
immediate family does any of the following:
a. Is an employee.
b. Holds a position as a director, officer, partner, proprietor, or member
or manager of a limited liability company, irrespective of the amount
of compensation received or the amount of the interest owned.
c. Owns a legal, equitable, or beneficial interest of ten thousand dollars
($10,000) or more in the business or five percent (5%) of the business,
whichever is less, other than as a trustee on a deed of trust.
d. Is a lobbyist registered under Article 8 of this Chapter.
For purposes of this subdivision, the term “business” shall not
include a widely held investment fund, including a mutual fund,
regulated investment company, or pension or deferred compensation
plan, if all of the following apply:
1. The covered person, filing person, or a member of the covered
person’s or filing person’s immediate family neither exercises
nor has the ability to exercise control over the financial
interests held by the fund.
2. The fund is publicly traded, or the fund’s assets are widely
diversified.
93. Definition for Constitutional officers of the State
Constitutional officers of the State. – Officers whose offices are established by
Article III of the North Carolina Constitution.
94. Definition for Gift
Gift. – Anything of monetary value given or received without valuable
consideration by or from a lobbyist, lobbyist principal, liaison personnel, or a
person described under G.S. 163A-212(d)(1), (2), or (3). The following shall
not be considered gifts under this subdivision:
a. Anything for which fair market value, or face value if shown, is paid
by the covered person or legislative employee.
b. Commercially available loans made on terms not more favorable than
generally available to the general public in the normal course of
business if not made for lobbying.
c. Contractual arrangements or commercial relationships or arrangements
made in the normal course of business if not made for lobbying.
d. Academic or athletic scholarships based on the same criteria as applied
to the public.
e. Anything of value properly reported as required under Article 23 of
this Chapter.
f. Expressions of condolence related to a death of an individual, sent
within a reasonable time of the death, if the expression is one of the
following:
1. A sympathy card, letter, or note.
2. Flowers.
3. Food or beverages for immediate consumption.
4. Donations to a religious organization, charity, the State or a
political subdivision of the State, not to exceed a total of two
hundred dollars ($200.00) per death per donor.
95. Definition for city
The term “city” means any incorporated city, town, or village.
96. Definition for made
A contribution is “made” during regular session if the check or other instrument is dated during the session, or if the check or other instrument is delivered to the limited contributee during session, or if the limited contributor pledges during the session to deliver the check or other instrument at a later time.
§ 163A-1426. Limitation on fund-raising during legislative session. (a) Definitions (4)
97. Definition for Person with which the legislator is associated
Person with which the legislator is associated. – Any of the following:
a. A member of the legislator’s extended family.
b. A client of the legislator.
c. A business with which the legislator or a member of the legislator’s
immediate family is associated.
d. A nonprofit corporation or association with which the legislator or a
member of the legislator’s immediate family is associated.
e. The State, a political subdivision of the State, a board, or any other
entity or organization created by the State or a political subdivision of
the State that employs the legislator or a member of the legislator’s
immediate family.
98. Definition for board
The term “board” means the State Board with respect to all candidates for State, legislative, and judicial offices and the county board of elections with respect to all candidates for county and municipal offices. The term means the State Board with respect to all statewide referenda and the county board of elections conducting all local referenda.
99. Definition for 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.
100. Definition for Board
Board. – Any State board, commission, council, committee, task force,
authority, or similar public body, however denominated, created by statute or
executive order, as determined and designated by the State Board, except for
those public bodies that have only advisory authority.
101. Definition for Radio
“Radio” means any radio broadcast station that is subject to the provisions of 47 U.S.C. §§ 315 and 317.
102. Definition for 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.
103. Definition for Person with which the public servant is associated
Person with which the public servant is associated. – Any of the following:
a. A member of the public servant’s extended family.
b. A client of the public servant.
c. A business with which the public servant or a member of the public
servant’s immediate family is associated.
d. A nonprofit corporation or association with which the public servant or
a member of the public servant’s immediate family is associated.
e. The State, a political subdivision of the State, a board, or any other
entity or organization created by the State or a political subdivision of
the State that employs the public servant or a member of the public
servant’s immediate family.
104. Definition for 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.
105. Definition for person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
106. Definition for Ballot
(Effective until January 1, 2018 or September 1, 2019 – see note) “Ballot” means an instrument on which a voter indicates that voter’s choice for a ballot item so that it may be recorded as a vote for or against a certain candidate or referendum proposal. The term “ballot” may include a paper ballot to be counted by hand, a paper ballot to be counted on an electronic
scanner, the face of a lever voting machine, the image on a direct record electronic unit, or a ballot used on any other voting system.
(Effective January 1, 2018 or September 1, 2019 – see note) “Ballot” means an instrument on which a voter indicates that voter’s choice for a ballot item so that it may be recorded as a vote for or against a certain candidate or referendum proposal, and is evidenced by an individual paper document that bears marks made by the voter by hand or through electronic
means, whether preprinted or printed in the voting enclosure.
107. Definition for Leader
Leader. – The highest-ranking individual affiliated with the political party of the Council of State affiliated party committee. For the purposes of this subdivision, the highest-ranking office serving on the Council of State shall be in the following order: Governor, Lieutenant Governor, and the offices as set out in Article III, Section 7 of the North Carolina Constitution, as follows: Secretary of State, State Auditor, State Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance.
§ 163A-1417. Council of State affiliated party committees. (e) (1)
108. 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.)
109. Definition for Nonprofit corporation or organization with which associated
Nonprofit corporation or organization with which associated. – Any not for
profit corporation, organization, or association, incorporated or otherwise, that
is organized or operating in the State primarily for religious, charitable,
scientific, literary, public health and safety, or educational purposes and of
which the covered person, filing person, or any member of the covered
person’s or filing person’s immediate family is a director, officer, governing
board member, employee, lobbyist registered under Article 8 of this Chapter,
or independent contractor. “Nonprofit corporation or organization with which
associated” shall not include any board, entity, or other organization created
by this State or by any political subdivision of this State.
110. Definition for Protest
“Protest” means a complaint concerning the conduct of an election which, if
supported by sufficient evidence, may require remedy by one or more of the following:
a. A correction in the returns.
b. A discretionary recount as provided in G.S. 163A-1174.
c. A new election as provided in G.S. 163A-1181. (2001-398, s. 3; 2010-96, ss. 19, 35; 2017-6, s. 3.)
111. Definition for Payment
Payment. – Any money, thing of value, or economic benefit conveyed to the
lobbyist for lobbying, other than reimbursement of actual travel,
administrative expenses, or subsistence.
112. Definition for Sponsor
“Sponsor” means a candidate, candidate committee, political party organization, political action committee, referendum committee, individual, or other entity that purchases an advertisement.
113. Definition for election
The term “election” means any general or special election, a first or second primary, a run-off election, or an election to fill a vacancy. The term “election” shall not include any local or statewide referendum.
114. Definition for Abstract
“Abstract” means a document signed by the members of the board of elections showing the votes for each candidate and ballot proposal on the official ballot in the election. The abstract shall show a total number of votes for each candidate in each precinct and a total for each candidate in the county. It shall also show the number of votes for each candidate among the absentee official ballots, among the provisional official ballots, and in any other category of official ballots that is not otherwise reported.
115. Definition for Election
“Election” means the event in which voters cast votes in ballot items concerning proposals or candidates for office in this State or the United States. The term includes primaries, general elections, referenda, and special elections.
116. Definition for Lobbying
Lobby or Lobbying. – Any of the following:
a. Influencing or attempting to influence legislative or executive action,
or both, through direct communication or activities with a designated
individual or that designated individual’s immediate family.
b. Developing goodwill through communications or activities, including
the building of relationships, with a designated individual or that
designated individual’s immediate family with the intention of
influencing current or future legislative or executive action, or both.
The terms “lobby” or “lobbying” do not include communications or activities
as part of a business, civic, religious, fraternal, personal, or commercial
relationship which is not connected to legislative or executive action, or both.
117. 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.
118. Definition for Business
Business. – Any of the following organized for profit:
a. Association.
b. Business trust.
c. Corporation.
d. Enterprise.
e. Joint venture.
f. Organization.
g. Partnership.
h. Proprietorship.
i. Vested trust.
j. Every other business interest, including ownership or use of land for
income.
119. Definition for Contract
Contract. – Any agreement, including sales and conveyances of real and
personal property, and agreements for the performance of services.
120. Definition for accepted
A contribution is “accepted” during regular session if the check or other instrument is dated during the session, or if the limited contributee receives the check or other instrument during session and does not return it within 10 days, or agrees during session to receive the check or other instrument at a later time.
§ 163A-1426. Limitation on fund-raising during legislative session. (a) Definitions (5)
121. 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.
122. Definition for treasurer
The term “treasurer” means an individual appointed by a candidate, political committee, or referendum committee as provided in G.S. 163A-1412 or G.S. 163A-1496. (1973, c. 1272, s. 1; 1975, c. 798, ss. 5, 6; 1979, c. 500, s. 1; c. 1073, ss. 1-3, 19, 20; 1981, c. 837, s. 1; 1983, c. 331, s. 6; 1985, c. 352, ss. 1-3; 1997-515, ss. 4(a)-(c), 7(b)-(d); 1999-31, ss. 1(a), (b), 2(a)-(c), 3, 4(a); 1999-424, s. 6(a), (b); 2002-159, s. 55(n); 2003-278, s. 5; 2004-125, s. 3; 2004-127, s. 15; 2004-203, s. 12(b); 2005-430, s. 10; 2006-264, s. 23; 2007-391, s. 3; 2008-150, s. 6(a); 2008-187, s. 33(a); 2009-534, ss. 1, 3(a), (b); 2010-170, s. 1; 2011-31, s. 20; 2013-381, s. 50.1; 2015-66, s. 8(a); 2015-258, ss. 3(b), (b1); 2015-264, ss. 81(c), (d); 2017-6, s. 3.)
123. Definition for principal
Lobbyist principal and principal. – The person or governmental unit on whose
behalf the lobbyist lobbies and who makes payment for the lobbying. In the
case where a lobbyist is paid by a law firm, consulting firm, or other entity
retained by a person or governmental unit for lobbying, the principal is the
person or governmental unit whose interests the lobbyist represents in
lobbying. In the case of a lobbyist employed or retained by an association or
other organization, the lobbyist principal is the association or other
organization, not the individual members of the association or other
organization.
The term “lobbyist principal” shall not include those designating
registered liaison personnel under Part 5 of this Article.
124. Definition for Committee
Committee. – The Legislative Ethics Committee as created in Part 3 of Article
14 of Chapter 120 of the General Statutes.
125. 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.
126. Definition for Scan line
“Scan line” means a standard term of measurement used in the electronic media industry calculating a certain area in a television advertisement.
127. Definition for Dependent
“Dependent” means an individual recognized as a dependent by a uniformed service.