North Carolina § 163-278 - 5. Scope of Article; severability.

§ 163-278. 5. Scope of Article; severability.

The provisions of this Article apply to primaries and elections for North Carolina offices and to North Carolina referenda and do not apply to primaries and elections for federal offices or offices in other States or to non-North Carolina referenda. Any provision in this Article that regulates a non-North Carolina entity does so only to the extent that the entity's actions affect elections for North Carolina offices or North Carolina referenda. The provisions of this Article are severable. If any provision is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions of the Article that can be given effect without the invalid provision. This section applies to Articles and [Article] 22M of the General Statutes to the same extent that it applies to this Article. History (1999-31, s. 6(a); 2000-140, s. 82; 2005-430, s. 7; 2007-349, s. 5; 2009-534, s. 6; 2013-360, s. 21.1(d); 2013-381, ss. 38.1(g), 48.2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-1410 by Session Laws 2017-6, s. 3. Former G.S. 163A-1410 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. The last paragraph, as added by Session Laws 2005-430, s. 7, effective December 1, 2005, was applicable to all contributions and expenditures made or accepted on or after that date. The paragraph was subsequently amended by Session Laws 2007-349, s. 5, effective January 1, 2008. Session Laws 2009-574, s. 46.1, provides: "The Joint Legislative Elections Oversight Committee may study the constitutionality of Article 22A of Chapter 163 of the General Statutes and make recommendations to the 2010 Regular Session of the 2009 General Assembly on or before its convening." Session Laws 2009-574, s. 52.1, provides: "For legislative studies authorized by this act, out-of-state travel must be authorized by the President Pro Tempore of the Senate or the Speaker of the House of Representatives, as appropriate." Session Laws 2010-169, s. 8, provides: "In order to foster and facilitate transparency of information relating to political campaigns, the State Board of Elections shall create an easily searchable database to provide any member of the public with access to the database to search by geographic location, occupation, employer, contributor, or contributee, within an election cycle and over a period of time as specified by the searcher of any report filed by a political committee or referendum committee under Article 22A of Chapter 163 of the General Statutes with the State Board of Elections." Session Laws 2013-360, s. 21.1(d), and Session Laws 2013-381, ss. 38.1(g), 48.2, amended the last paragraph of this section in the coded bill drafting format provided by G.S. 120-20.1 . Neither Session Law accounted for the changes made by the other. The bracketed word "[Article]" has been inserted in the last paragraph at the direction of the Revisor of Statutes. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.' " Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2013-381, s. 60.1, is a severability clause. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Effect of Amendments. - Session Laws 2007-349, s. 5, effective January 1, 2008, inserted "22G, 22H, and 22M" and made a related stylistic change in the last paragraph of the section. Session Laws 2009-534, s. 6, effective December 1, 2009, inserted "22J" in the last paragraph of the section. Session Laws 2013-360, s. 21.1(d), effective July 1, 2013, deleted "22D, 22E, 22F" following "Articles "22B" in the last paragraph of this section. Session Laws 2013-381, s. 38.1(g), effective July 1, 2013, in the last paragraph of this section, deleted "22B, 22D, 22E, 22F" preceding "22G, 22H" and "22J" thereafter. Session Laws 2013-381, s. 48.2, effective January 1, 2014, deleted "22G, 22H" preceding "22J, and 22M" in the last paragraph of this section. Legal Periodicals. - For article, "A Reckless Disregard for the Truth? The Constitutional Right to Lie in Politics," see 38 Campbell L. Rev. 41 (2016).