North Carolina § 138A-22 - Statement of economic interest; filing required.

§ 138A-22. Statement of economic interest; filing required.

Every covered person subject to this Chapter who is elected, appointed, or employed, including one appointed to fill a vacancy in elective office, except for public servants (i) included under G.S. 138A-3(70)b., e., f., or g. whose annual compensation from the State is less than sixty thousand dollars ($60,000), or (ii) who are ex officio student members under Chapters 115D and 116 of the General Statutes, shall file a statement of economic interest with the Commission prior to the covered person's initial appointment, election, or employment and no later than April 15 of every year thereafter, except as otherwise filed under subsections (d) and (f) of this section. A prospective covered person required to file a statement under this Chapter shall not be appointed, employed, or receive a certificate of election, prior to submission by the Commission of the Commission's evaluation of the statement in accordance with this Article. The requirement for an annual filing under this subsection also shall apply to covered persons whose terms have expired but who continue to serve until the covered person's replacement is appointed. Once a statement of economic interest is properly completed and filed under this Article, the statement of economic interest does not need to be supplemented or refiled prior to the next due date set forth in this subsection. Notwithstanding subsection (a) of this section, individuals hired by, and appointees of, constitutional officers of the State may file a statement of economic interest within 30 days after their appointments or employment when the appointment or employment is made during the first 60 days of the constitutional officer's initial term in that constitutional office. Notwithstanding subsection (a) of this section, public servants, under G.S. 138A-3(70)j. and k., who have submitted a statement of economic interest under subsection (a) of this section, may be hired, appointed, or elected provisionally prior to submission by the Commission of the Commission's evaluation of the statement in accordance with this Article, subject to dismissal or removal based on the Commission's evaluation. A public servant reappointed to a board between January 1 and April 15 shall file a current statement of economic interest prior to the reappointment. A public servant appointed to a board determined and designated as nonadvisory under G.S. 138A-10(a)(3) shall file the initial statement of economic interest within 60 days of notification of the designation by the Commission and as provided in this section thereafter. A candidate for an office subject to this Article shall file the statement of economic interest with the Commission within 10 days of the filing deadline for the office the candidate seeks. An individual nominated under G.S. 163-114 shall file the statement within three days following the individual's nomination, or not later than the day preceding the general election, whichever occurs first. An individual seeking to qualify as an unaffiliated candidate under G.S. 163-122 shall file the statement of economic interest within three days of filing the petition required under that section. An individual seeking to have write-in votes counted for that individual in a general election shall file a statement of economic interest within three days of the time the candidate files a declaration of intent under G.S. 163-123. A candidate of a new party chosen by convention shall file a statement of economic interest within three days of the time that the president of the convention certifies the names of its candidates to the State Board of Elections under G.S. 163-98. In addition to subsections (a) and (f) of this section, a covered person holding elected office or a former covered person who held elected office subject to this Article shall file a statement of economic interest in all of the following instances, as specified: Filed on or before April 15 of the year following the year a covered person or former covered person does not file a notice of candidacy or petition for election, or does not receive a certificate of election, to the position making that individual a covered person, with all information provided in the statement of economic interest current as of the last day of December of the preceding year. Filed on or before April 15 of the year following the year the covered person or former covered person resigns from the position making that individual a covered person, with all information provided in the statement of economic interest current as of the last day in the position. The State Board of Elections shall provide for notification of the statement of economic interest requirements of this Article to be given to any candidate filing for nomination or election to those offices subject to this Article and to any nominee under G.S. 163-114. Within 10 days of the filing deadline for office of a covered person, the executive director of the State Board of Elections shall send to the State Ethics Commission a list of the names and addresses of each candidate who has filed as a candidate for office as a covered person. Within five days of an individual otherwise qualifying to be on the ballot, the State Board of Elections shall send notice of that qualification to the State Ethics Commission. The Commission shall issue forms to be used for the statement of economic interest and shall revise the forms from time to time as necessary to carry out the purposes of this Chapter. Except as otherwise set forth in this section and in G.S. 138A-15(h), upon notification by the employing entity, the Commission shall furnish to all other covered persons the appropriate forms needed to comply with this Article. History (2006-201, s. 1; 2007-29, s. 2; 2007-348, ss. 32, 33; 2008-213, s. 64; 2009-549, s. 13; 2010-169, ss. 12, 22(b); 2014-111, s. 13(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-187 by Session Laws 2017-6, s. 3. Former G.S. 163A-187 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. Session Laws 2010-169, s. 22(b), effective August 2, 2010, recodified G.S. 138A-24(c2) as G.S. 138A-22(c2) [now subsection (e)]. Session Laws 2014-111, s. 13(b) made the amendments to this section by Session Laws 2014-111, s. 13(a), effective January 1, 2015, and applicable to statements of economic interest filed on or after that date. For Session Laws 2015-258, s. 2(a) to (e), relating to the 2016 primaries and special elections, see Editor's note following G.S. 163-106 . Session Laws 2015-258, s. 2(f), provides: "Statement of Economic Interest. - Notwithstanding G.S. 138A-22, the statement of economic interest required of any candidate for elective office subject to Article 2 of Chapter 138A of the General Statutes shall be filed with the State Ethics Commission on or before February 1, 2016." 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 2007-29, s. 2, effective January 1, 2007, substituted "or G.S. 163-323" for a comma in the first sentence of subsection (d). Session Laws 2007-348, ss. 32 and 33, effective August 9, 2007, in the first sentence of subsection (a), substituted "April 15" for "March 15th" and substituted "subsections (c1) and (d)" for "subsection (d)"; and added subsection (c1). Session Laws 2008-213, s. 64, effective August 15, 2008, in subsection (a), inserted "covered" in the third sentence; in subsection (b), substituted "individuals" for "persons"; and in subsection (d), substituted "an individual" for "a person," "individual's" for "person's," and "that individual" for "the person" throughout. Session Laws 2009-549, s. 13, effective August 28, 2009, in subsection (a), inserted the clause (i) and (ii) designations in the first sentence and made a related change; and inserted "who are ex officio student members under Chapters 115D and 116 of the General Statutes," at the beginning of present clause (ii) in the first sentence. Session Laws 2010-169, s. 12, effective August 2, 2010, added subsection (d1). Session Laws 2014-111, s. 13(a), in subsection (d), substituted "with the Commission" for "at the same place and in the same manner as the notice of candidacy for that office is required to be filed under G.S. 163-106 or G.S. 163-323, deleted the former second sentence, in the present third sentence substituted "within three days of filing" for "with" and "required" for "filed," and substituted "within three days of the" for "at the same" twice in the last sentence; in (e), substituted "and to any nominee under G.S. 163-114 " for "at the time of the filing of candidacy"; and, in (f), substituted "has" for "have" in the first sentence, rewrote the second sentence, and deleted the former last sentence. See Editor's note for effective date and applicability.