North Carolina § 163-278 - 13. Limitation on contributions.

§ 163-278. 13. Limitation on contributions.

No individual, political committee, or other entity shall contribute to any candidate or other political committee any money or make any other contribution in any election in excess of five thousand four hundred dollars ($5,400) for that election. Effective for each odd-numbered calendar year beginning in 2015, the dollar amount of the contribution limitation established by subsections (a), (c), and (d) of this subsection shall be increased as provided in this subsection. On July 1 of each even-numbered year, the State Board of Elections shall calculate from data from the Bureau of Labor Statistics of the United States Department of Labor Register the percent difference between the price index for the July 1 of the previous even-numbered year. That percentage increase shall be multiplied by the previous dollar amount contribution limit, that number added to the previous dollar amount contribution limit, and the total shall become effective with respect to contributions made or accepted on or after January 1 of the next odd-numbered year. If the amount after adjustment is not a multiple of one hundred dollars ($100.00), the total shall be rounded to the nearest multiple of one hundred dollars ($100.00). As used in this subsection the term "price index" means the average over a calendar year of the Consumer Price Index (all items - United States city average) published monthly by the Bureau of Labor Statistics. The revised amount of the dollar limit of contributions shall remain in effect for two calendar years until the next adjustment is made. The State Board of Elections shall publish the revised amount in the North Carolina Register and shall notify the Revisor of Statutes who shall adjust the dollar amounts in subsections (a), (c), and (d) of this section. No candidate or political committee shall accept or solicit any contribution from any individual, other political committee, or other entity of any money or any other contribution in any election in excess of five thousand four hundred dollars ($5,400) for that election. Notwithstanding the provisions of subsections (a) and (c) of this section, it shall be lawful for a candidate or a candidate's spouse to make a contribution to the candidate or to the candidate's treasurer of any amount of money or to make any other contribution in any election in excess of five thousand four hundred dollars ($5,400) for that election. For the purposes of this section, the term "an election" means the period of time from January 1 of an odd-numbered year through the day of the primary, the day after the primary through the day of the second primary, or the day after the primary through December 31 of the next even-numbered year, without regard to whether the candidate is opposed or unopposed in the election, except that where a candidate is not on the ballot in a second primary, that second primary is not "an election" with respect to that candidate. Notwithstanding subsections (a) and (c) of this section, a candidate or political committee may accept a contribution knowing that the contribution is to be reimbursed to the entity making the contribution and knowing the candidate or political committee has funds sufficient to reimburse the entity making the contribution if all of the following conditions are met: The entity submits sufficient information of the contribution to the candidate or political committee for reimbursement within 45 days of the contribution. The candidate or political committee makes a reimbursement to the entity making the contribution within seven days of submission of sufficient information. The candidate or political committee indicates on its report under G.S. 163-278.11 that the good, service, or other item resulting in the reimbursement is an expenditure of the candidate or political committee, and notes if the contribution was by credit card. The contribution does not exceed one thousand dollars ($1,000.00). Any contribution, or portion thereof, made under subsection (f) of this section that is not submitted for reimbursement in accordance with subsection (f) of this section shall be treated as a contribution for purposes of this section. Any contribution, or portion thereof, made under subsection (f) of this section that is not reimbursed in accordance with subsection (f) of this section shall be treated as a contribution for purposes of this section. This section shall not apply to any national, State, district or county executive committee of any political party or an affiliated party committee. For the purposes of this section only, the term "political party" means only those political parties officially recognized under G.S. 163-96. No referendum committee which received any contribution from a corporation, labor union, insurance company, business entity, or professional association may make any contribution to another referendum committee, to a candidate or to a political committee. The contribution limits of subsections (a) and (c) of this section do not apply to contributions made to an independent expenditure political committee. For purposes of this section, an "independent expenditure political committee" is a political committee whose treasurer makes and abides by a certification to the State Board of Elections that the political committee does not and will not make contributions, directly or indirectly, to candidates or to political committees that make contributions to candidates. The State Board of Elections shall provide forms for implementation of this subsection. This subsection shall not apply to a candidate or a political committee controlled by a candidate. The exception of this subsection is in addition to any other exception provided by law. History (1973, c. 1272, s. 1; 1979, c. 1073, ss. 8, 20; 1981, c. 225; 1987, c. 565, s. 15; 1993, c. 539, s. 1113; 1994, Ex. Sess., c. 24, s. 14(c); 1997-515, s. 8(a); 1999-31, s. 5(c); 2002-158, s. 2; 2006-192, ss. 15, 16, 17; 2007-391, s. 36; 2007-484, s. 43.8(c); 2007-510, s. 1(c); 2007-540, ss. 2, 3; 2008-150, ss. 6(c), 7(a); 2008-187, s. 33(a); 2013-360, s. 21.1(e), (f); 2013-381, ss. 38.1(h), (i), (j), 42.1, 42.2, 42.3, 53.1(a); 2015-258, s. 3(h); 2015-264, s. 27; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Contribution Donation Limits. - Pursuant to G.S. 163-278.13(a1) , by letter from the North Carolina State Board of Elections dated July 15, 2014, the Revisor of Statutes received notification that the contribution limitation amounts in G.S. 163-278.13(a) , (b), and (c) have been revised from $5,000 to $5,100, effective January 1, 2015 through December 31, 2016. Pursuant to G.S. 163-278.13(a1) , by letter from the North Carolina State Board of Elections dated December 6, 2016, the Revisor of Statutes received notification that the contribution limitation amounts in G.S. 163-278.13(a) , (b), and (c) have been revised from $5,100 to $5,200, effective January 1, 2017 through December 31, 2018. Pursuant to G.S. 163-278.13(a1) , by letter from the North Carolina State Board of Elections dated January 8, 2019, the Revisor of Statutes received notification that the contribution limitation amounts in G.S. 163-278.13(a) , (b), and (c) have been revised from $5,200 to $5,400, effective January 1, 2019. Editor's Note. - This section was recodified as now former G.S. 163A-1425 by Session Laws 2017-6, s. 3. Former G.S. 163A-1425 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 2002-158, s. 15, is a severability clause. Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future. Session Laws 2007-540, s. 4, is a severability clause. Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 36, which added subsections (d1) and (d2), is effective August 19, 2007. Session Laws 2013-381, s. 60.1, is a severability clause. Session Laws 2015-258, s. 3(t), as added by Session Laws 2015-264, s. 81(e), is a severability clause. Session Laws 2015-264, s. 91.7, 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 2006-192, s. 16, effective August 3, 2006, added "if that contribution causes the candidate to exceed the 'trigger for rescue funds' defined in G.S. 163-278.62(18)" at the end of the first sentence of subdivision (e2)(3); s. 15, effective August 3, 2006, and effective January 1, 2007, and applicable to contributions made or accepted on or after that date, as that section affects G.S. 163-278.13(e3) , substituted "Except as provided in subsections (e2) and (e3) of this section, this" for "This" at the beginning of subsection (e); and, s. 17, effective January 1, 2007, and applicable to contributions made or accepted on or after January 1, 2007, added subsection (e3). Session Laws 2007-391, s. 36, effective August 19, 2007, added subsections (d1) and (d2). Session Laws 2007-510, s. 1, effective August 30, 2007, substituted "matching" for "rescue" twice in subdivision (e2)(3). Session Laws 2007-540, ss. 2 and 3, as amended by Session Laws 2007-484, s. 43.8(c), effective August 31, 2007, and applicable to elections for Auditor, Superintendent of Public Instruction, and Commissioner of Insurance in 2008 and thereafter, substituted "(e2), (e3) and (e4)" for "(e2) and (e3)," in subsection (e); and added new subsection (e4). Session Laws 2008-150, ss. 6(c) and 7(a), effective August 2, 2008, added subsection (e5); and repealed subdivision (e2)(3). Session Laws 2013-360, s. 21.1(e), (f), effective July 1, 2013, deleted "(e2)" following "subsections" in subsection (e); and repealed subsection (e2). Session Laws 2013-381, s. 38.1(h)-(j), effective July 1, 2013, deleted "Except as provided in subsections (e2), (e3), and (e4) of this section" preceding "This" in subsection (e); and repealed subsections (e2) and (e4). Session Laws 2013-381, ss. 42.1-42.3, effective January 1, 2014, substituted "five thousand dollars ($5,000)" for "four thousand dollars ($4,000)" in subsections (a), (b), and (c); and deleted "parents, brothers and sisters" following "spouse" in subsection (c); added subsections (a1); and repealed subsection (e3). Session Laws 2013-381, s. 53.1(a), effective January 1, 2014, substituted "the period of time from January 1 of an odd-numbered year through the day of the primary, the day after the primary through the day of the second primary, or the day after the primary through December 31 of the next even-numbered year" for "any primary, second primary, or general election in which the candidate or political committee may be involved" in subsection (d). Session Laws 2015-258, s. 3(h), effective September 30, 2015, and applicable to contributions and expenditures made on or after that date, added "or an affiliated party committee" at the end of the first sentence of subsection (e). Session Laws 2015-264, s. 27, effective October 1, 2015, substituted "Revisor" for "Reviser" in the last sentence of subsection (a1). Legal Periodicals. - For comment, "Party Over? The Politics of North Carolina's 'Nonpartisan' Judicial Elections," see 86 N.C.L. Rev. 1762 (2008). For article, "Public Funding of Judicial Campaigns: The North Carolina Experience and the Activism of the Supreme Court," see 89 N.C.L. Rev. 1965 (2011). For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012). For article, "Preston v. Leake: Applying the Appropriate Standard of Review to North Carolina's Campaign Contributions Ban," see 47 Wake Forest L. Rev. 875 (2012).