2005 North Carolina Code - General Statutes Article 22F - Mass Mailings and Telephone Banks: Electioneering Communications.

Article 22F.

Mass Mailings and Telephone Banks: Electioneering Communications.

§ 163‑278.90.� Definitions.

As used in this Article, the following terms have the following definitions:

(1)������ The term "disclosure date" means either of the following:

a.�������� The first date during any calendar year when an electioneering communication is transmitted after an entity has made disbursements for the direct costs of producing or transmitting electioneering communications aggregating in excess of ten thousand dollars ($10,000).

b.�������� Any other date during that calendar year by which an entity has made disbursements for the direct costs of producing or transmitting electioneering communications aggregating in excess of ten thousand dollars ($10,000) since the most recent disclosure date for that calendar year.

(2)������ The term "electioneering communication" means any mass mailing or telephone bank that has all the following characteristics:

a.�������� Refers to a clearly identified candidate for a statewide office or the General Assembly.

b.�������� Is made within one of the following time periods:

1.�������� 60 days before a general or special election for the office sought by the candidate, or

2.�������� 30 days before a primary election or a convention of a political party that has authority to nominate a candidate for the office sought by the candidate.

c.�������� Is targeted to the relevant electorate.

(3)������ The term "electioneering communication" does not include any of the following:

a.�������� A communication appearing in a news story, commentary, or editorial distributed through any newspaper or periodical, unless that publication is owned or controlled by any political party, political committee, or candidate.

b.�������� A communication that constitutes an expenditure or independent expenditure under Article 22A of this Chapter.

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 that is distributed by a corporation solely to its shareholders or employees, or by a labor union or professional association solely to its members.

e.�������� 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.

(4)������ The term "mass mailing" means any mailing by United States mail or facsimile that is targeted to the relevant electorate and is made by a commercial vendor or made from any commercial list. Part 1A of Article 22A of this Chapter has its own internal definition of "mass mailing" under the definition of "print media," and that definition does not apply in this Article.

(5)������ The term "prohibited source" means any corporation, insurance company, labor union, or professional association. The term "prohibited source" does not include an entity that meets all the criteria set forth in G.S. 163‑278.19(f).

(6)������ The term "targeted to the relevant electorate" means a communication which refers to a clearly identified candidate for statewide office or the General Assembly and which:

a.�������� If transmitted by mail or facsimile in connection with a clearly identified candidate for statewide office, is transmitted to 50,000 or more addresses in the State, by the transmission of identical or substantially similar matter within any 30‑day period, or, in connection with a clearly identified candidate for the General Assembly, is transmitted to 5,000 or more addresses in the district, by the transmission of identical or substantially identical matter within any 30‑day period.

b.�������� If transmitted by telephone, in connection with a clearly identified candidate for statewide office, more than 50,000 telephone calls in the State of an identical or substantially similar nature within any 30‑day period, or in the case of a clearly identified candidate for the General Assembly, more than 5,000 calls in the district of an identical or substantially similar nature within any 30‑day period.

(7)������ 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.

(8)������ The term "501(c)(4) organization" means either of the following:

a.�������� An organization described in section 501(c)(4) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.

b.�������� An organization that has submitted an application to the Internal Revenue Service for determination of its status as an organization described in sub‑subdivision a. of this subdivision.

(9)������ Except as otherwise provided in this Article, the definitions in Article 22A of this Chapter apply in this Article. (2004‑125, s. 2.)

 

§ 163‑278.91.� Disclosure of Electioneering Communications.

(a)������ Statement Required. � Every individual, committee, association, or any other organization or group of individuals who makes a disbursement for the direct costs of producing and transmitting electioneering communications in an aggregate amount in excess of ten thousand dollars ($10,000) during any calendar year shall, within 24 hours of each disclosure date, file with the Board a statement containing the information described in subsection (b) of this section.

(b)������ Contents of Statement. � Each statement required to be filed by this section shall be made under the penalty of perjury in G.S. 14‑209 and shall contain the following information:

(1)������ The identification of the entity making the disbursement, of any entity sharing or exercising direction or control over the activities of that entity, and of the custodian of the books and accounts of the entity making the disbursement.

(2)������ The principal place of business of the entity making the disbursement if the entity is not an individual.

(3)������ The amount of each disbursement of more than one thousand dollars ($1,000) during the period covered by the statement and the identification of the entity to whom the disbursement was made.

(4)������ The elections to which the electioneering communications pertain and the names, if known, of the candidates identified or to be identified.

(5)������ The names and addresses of all contributors who contributed an aggregate amount of more than one thousand dollars ($1,000) during the period beginning on the first day of the preceding calendar year and ending on the disclosure date to a segregated bank account that consists of funds contributed solely by entities other than prohibited sources. Nothing in this subdivision is to be construed as a prohibition on the use of funds in such a segregated account for a purpose other than electioneering communications.

(6)������ Repealed by Session Laws 2005‑430, s. 9(c), effective December 1, 2005, and applicable to all contributions and expenditures made or accepted on or after that date. (2004‑125, s. 2; 2005‑430, s. 9(c).)

 

§ 163‑278.92.� Prohibition of corporate and labor disbursements for electioneering communications.

(a)������ Prohibition. � No prohibited source may make any disbursement for the costs of producing or airing any electioneering communication. No individual, 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), which has received any payment from a prohibited source may make any disbursement for the costs of producing and airing any electioneering communication. For the purpose of this section, the term "electioneering communication" does not include a communication by a section 501(c)(4) organization or a political organization (as defined in section 527(e)(1) of the Internal Revenue Code of 1986) if the communication is paid for exclusively by funds provided by individuals and the disbursements for costs of producing and airing the communication are paid out of a segregated bank account that consists of funds contributed solely by entities other than prohibited sources directly to that account.

(b)������ Direct or Indirect Disbursement. � An electioneering communication shall be treated as made by a prohibited source if the prohibited source directly or indirectly disburses any amount for any of the costs of the communication.

(c)������ Segregated Fund. � Any disbursement for an electioneering communication made from an account must be made from a segregated account into which no funds from a prohibited source have been directly or indirectly introduced. (2004‑125, s. 2; 2005‑430, s. 9(d).)

 

§ 163‑278.93.� Penalties.

Except as otherwise provided in this Article, a violation of this Article is a Class 2 misdemeanor. The State Board of Elections has the same authority to compel from any organization covered by this Article the disclosures required by this Article that the Board has to compel from a political committee the disclosures required by Article 22A of this Chapter. The civil penalties in G.S. 163‑278.34 shall apply to violations of this Article, and where those provisions apply to violations involving contributions and expenditures they shall apply in the same manner to payments and disbursements in violation of G.S. 163‑278.92. (2004‑125, s. 2.)