North Carolina § 163-278 - 14A. Evidence that communications are "to support or oppose the nomination or election of one or more clearly identified candidates."

§ 163-278. 14A. Evidence that communications are "to support or oppose the nomination or election of one or more clearly identified candidates."

The following shall be means of proving that an individual or other entity acted "to support or oppose the nomination or election of one or more clearly identified candidates": presenting evidence of financial sponsorship of communications to the general public that use phrases such as "vote for", "reelect", "support", "cast your ballot for", "(name of candidate) for (name of office)", "(name of candidate) in (year)", "vote against", "defeat", "reject", "vote pro-(policy position)" or "vote anti-(policy position)" accompanied by a list of candidates clearly labeled "pro-(policy position)" or "anti-(policy position)", or communications of campaign words or slogans, such as posters, bumper stickers, advertisements, etc., which say "(name of candidate)'s the One", "(name of candidate) '98", "(name of candidate)!", or the names of two candidates joined by a hyphen or slash. Notwithstanding the provisions of subsection (a) of this section, a communication shall not be subject to regulation as a contribution or expenditure under this Article if it: Appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, or magazine, unless those facilities are owned or controlled by any political party, affiliated party committee, or political committee; Is distributed by a corporation solely to its stockholders and employees; or Is distributed by any organization, association, or labor union solely to its members or to subscribers or recipients of its regular publications, or is made available to individuals in response to their request, including through the Internet. History (1999-453, s. 3(a); 2008-150, s. 6(b); 2015-258, s. 3(k); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-1429 by Session Laws 2017-6, s. 3. Former G.S. 163A-1429 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 1999-453, s. 1, provides that the act shall be known as "The Campaign Reform Act of 1999." Session Laws 1999-453, s. 10, provides that prosecutions for, or sentences based on, offenses occurring before the relevant effective date in this act [August 12, 1999] are not abated or affected by this act, and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this act remain applicable to those prosecutions or sentences. Session Laws 1999-453, s. 11, 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 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 2008-150, s. 6(b), effective August 2, 2008, rewrote subsection (a). Session Laws 2015-258, s. 3(k), effective September 30, 2015, and applicable to contributions and expenditures made on or after that date, inserted "affiliated party committee" in subdivision (b)(1). Legal Periodicals. - For article, "Life After NCRL v. LEAKE: Can North Carolina's Disclosure Laws Survive a Constitutional Challenge," see 87 N.C.L. Rev. 1252 (2009).