NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION
CHAPTER 565
SENATE BILL 198
AN ACT TO AMEND ARTICLE 22A OF CHAPTER 163 OF THE GENERAL STATUTES RELATING TO CONTRIBUTIONS AND EXPENDITURES IN POLITICAL CAMPAIGNS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 163-278.9(a), (b) and (c) are hereby rewritten to read as follows:
"(a) The treasurer of each candidate and of each political committee shall file under verification with the board the following reports:
(1) Organizational Report. The appointment of the treasurer as required by G.S. 163-278.7(a), the statement of organization required by G.S. 163-278.7(b), and a report of all contributions and expenditures not previously reported shall be filed with the board no later than the 10th day following the day the candidate files his notice of candidacy or the 10th day following the organization of the political committee, whichever occurs first.
(2) Pre-Primary Report. The treasurer shall file a report with the board no later than the 10th day preceding the primary election.
(3) Postprimary Report(s). The treasurer shall file a report with the board no later than the 10th day after the primary election. If there is a second primary or runoff election, a report shall be filed no later than the 10th day after the second primary or runoff election by candidates or committees involved therein.
(4) Pre-Election Report. The treasurer shall file a report with the board not later than the 10th day preceding the general election.
(5) Final Report. The treasurer shall file a final report no later than the 10th day after the general election. If the final report fails to disclose a final accounting of all contributions and expenditures, a supplemental final report shall be filed no later than January 7, after the general election, and shall be current through December 31 after the general election.
(6) Annual Reports. If contributions are received or expenditures made during a calendar year for which no reports are otherwise required by this Article, any and all such contributions and expenditures shall be reported by January 7 of the following year.
(b) Except as otherwise provided in this Article, each report shall be current within seven days prior to the date the report is due and shall list all contributions received and expenditures made which have not been previously reported.
(c) In addition to the primary reports required above, a final report shall be filed by the treasurer of each candidate and the treasurer of each committee supporting only candidates eliminated in primary elections. Such report of contributions and expenditures shall be filed with the board no later than 45 days after the primary election in which the candidate or candidates are eliminated."
Sec. 2. G.S. 163-278.16 is amended by deleting subsections (b), (c), (d) and (e), and by inserting in lieu thereof the following:
"(b) No advertisement of any kind may be made by a treasurer, candidate, political committee or individual in the case of the media unless it bears the legend or includes the statement
(Paid for or Sponsored) by _______________________________ (Name of candidate, political committee, individual)."
Sec. 3. G.S. 163-278.17 is amended as follows: Rewrite the first paragraph of subsection (a) to read:
"(a) Each media shall file a report with the board, no later than the 10th day after the first primary, and within 10 days after a second primary. Each media shall file a report with the board no later than the 10th day after the general election, and, additionally, shall file a supplemental report no later than January 7 after the general election which shall be current as of December 31 after the general election. Each report shall show all expenditures not shown on any prior report required to be filed by the media under this Article, and each report shall include the following information:".
Add new subdivisions to subsection (a) to read:
"(4) Except as otherwise provided, the media reports shall be current within seven days of the date the report is due. No report shall be necessary if no expenditures have been made in the period for which the report is due."
Amend subsection (b) by adding at the end thereof the following:
"A candidate may authorize advertisement paid for by a treasurer appointed by the candidate. All authorizations of expenditures signed by a candidate, treasurer or individual shall be deemed public records and copies of said authorizations shall be available for inspection during normal business hours at the office(s) of the media making the publication or broadcast nearest to the place(s) of publication or broadcast."
Sec. 4. G.S. 163-278.23 is amended by inserting on line 4 immediately before the word "he", a new sentence to read as follows:
"The executive secretary-director shall advise, or cause to be advised, no more than 15 days and at least five days before each report is due, each candidate or treasurer whose organizational report has been filed, of the specific date each report is due."
Sec. 5. G.S. 163-278.34 is rewritten to read as follows:
"§ 163-278.34. Filings, penalty for late filings. — (a) All reports, statements or other documents required by this Article to be filed with the board shall be filed either by manual delivery to or by certified or registered mail addressed to the board. Timely filing shall be complete if postmarked on the day the reports, statements or other documents are to be delivered to the board. If a report, statement or other document is not filed within the time required by this Article, then the individual, person, media, candidate, political committee or treasurer reponsible for filing shall pay to the State Board of Elections a late penalty of twenty dollars ($20.00) per day for each day the filing is late not to exceed five days. The board shall immediately notify, or cause to be notified, late filers, from which reports are apparently due, by registered or certified mail, return receipt requested, of the penalties under this section. If the penalty has not been paid to or the report has not been filed with the board within five days after receipt of the notification, then the board shall report the late filing or failure to file to the appropriate district attorney who shall indict and prosecute the offender as required in G.S. 163-278.27. No criminal penalty shall be imposed if the penalty required by this section is paid and the delinquent report is filed within five days after notification by the board.
(b) When a report, statement or other document, required by this Article is not apparently due (i.e., media, inactive candidate, individual, no organizational report filed, supplementary final report or annual report), the board shall notify, as set forth above, the person or persons responsible for filing if information is presented indicating that the report, statement, or other document was in fact due. No criminal penalties shall be imposed if the late penalty is paid and the delinquent report is filed within five days after notification."
Sec. 6. G.S. 163-278.19 is amended by adding a new subsection at the end thereof to read:
"(d) Whenever a candidate or treasurer is an officer, director, stockholder, attorney, agent, or employee of any corporation, business entity, labor union, professional association or insurance company, and by virtue of his position therewith uses office space and communication facilities of the corporation, business entity, labor union, professional association or insurance company in the normal and usual scope of his employment, the fact that the candidate or treasurer receives telephone calls, mail, or visits in such office which relates to activities prohibited by this Article shall not be considered a violation under this section."
Sec. 7. G.S. 163-278 is rewritten to read:
"§ 163-278. Duty of investigating and prosecuting violations of this Article. — It shall be the duty of the State Board of Elections and the district attorneys to investigate any violations of this Article, and the board and district attorneys are authorized and empowered to subpoena and compel the attendance of any person before them for the purpose of making such investigation. The State Board of Elections and the district attorneys are authorized to call upon the Attorney General to furnish assistance by the State Bureau of Investigation in making the investigations of such violations. The State Board of Elections shall furnish the district attorney a copy of its investigation. The district attorney shall initiate prosecution and prosecute any violations of this Article. The provisions of G.S. 163-278.28 shall be applicable to violations of this Article."
Sec. 8. G.S. 163-259 through G.S. 163-268 are hereby repealed.
Sec. 9. G.S. 163-278.31 is amended by adding a new sentence at the end of the first paragraph as follows:
"The amount expended for media for the purpose of this subsection shall include time and space costs and costs of production."
Sec. 10. G.S. 163-278.33 is rewritten to read:
"§ 163-278.33. Applicability of Article 22. — G.S. 163-271 through G.S. 163-278 shall be applicable to the offices covered by this Article and G.S. 163-269 through G.S. 163-278 shall be applicable to all elective offices not covered by this Article."
Sec. 11. This act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 12th day of June, 1975.