North Carolina § 163-278 - 16B. Use of contributions for certain purposes.

§ 163-278. 16B. Use of contributions for certain purposes.

A candidate or candidate campaign committee may use contributions only for the following purposes: Expenditures resulting from the campaign for public office by the candidate or candidate's campaign committee. Expenditures resulting from holding public office. Donations to an organization described in section 170(c) of the Internal Revenue Code of 1986 (26 U.S.C. § 170(c)), provided that the candidate or the candidate's spouse, children, parents, brothers, or sisters are not employed by the organization. Contributions to a national, State, or district or county committee of a political party or a caucus of the political party or an affiliated party committee. Contributions to another candidate or candidate's campaign committee. To return all or a portion of a contribution to the contributor. Payment of any penalties against the candidate or candidate's campaign committee for violation of this Article imposed by a board of elections or a court of competent jurisdiction. Payment to the Escheat Fund established by Chapter 116B of the General Statutes. Legal expense donation not in excess of four thousand dollars ($4,000) per calendar year to a legal expense fund established pursuant to Article 22M of this Chapter. As used in this section, the term "candidate campaign committee" means the same as in G.S. 163-278.38Z(3). Contributions made to a candidate or candidate campaign committee do not become a part of the personal estate of the individual candidate. The candidate may file with the board a written designation of those funds that directs to which of the permitted uses in subsection (a) of this section those funds shall be paid in the event of the death or incapacity of the candidate. If the candidate fails to file the written designation before death, the personal representative of the estate may file the written designation within 90 days of the date of death, and may only direct those funds to donations under subdivision (a)(3) of this section. After the payment of permitted outstanding debts of the account, the candidate's filed written designation shall control. If the candidate files no such written designation, the funds after payment of permitted outstanding debts shall be distributed in accordance with subdivision (a)(8) of this section. History (2006-161, s. 1; 2007-391, s. 30; 2008-187, s. 33(a); 2008-213, s. 87; 2009-534, s. 2(h); 2010-100, s. 1; 2015-258, s. 3(m); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Preclearance under Section 5 of the Voting Rights Act. - Session Laws 2010-100, s. 2, which amended subsection (c), provides in part: "For any candidate campaign committee that is in active status with the State Board of Elections as of the date this act becomes law [July 20, 2010], the personal representative of the estate may file the written designation within 90 days of the day this act receives preclearance under section 5 of the Voting Rights Act." Preclearance was received by letter dated September 20, 2010. Editor's Note. - This section was recodified as now former G.S. 163A-1433 by Session Laws 2017-6, s. 3. Former G.S. 163A-1433 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 2006-161, s. 6, made this section effective October 1, 2006, and applicable to all candidates and candidate campaign committees with active accounts with the State Board of Elections or a county board of elections on or after October 1, 2006. 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. 30, which substituted "The candidate may file" for "A candidate or the candidate who directs the candidate campaign committee may file" in the second sentence of subsection (c), is effective August 19, 2007. 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 2007-391, s. 30, effective August 19, 2007, in subsection (c), substituted "The candidate may file" for "A candidate or the candidate who directs the candidate campaign committee may file" in the second sentence. Session Laws 2008-213, s. 87, effective August 15, 2008, substituted "Donations" for "Contributions" in subdivision (a)(3). Session Laws 2009-534, s. 2(h), effective December 1, 2009, added subdivision (a)(9). Session Laws 2010-100, s. 1, effective July 20, 2010, in subsection (c), in the second sentence, substituted the second occurrence of "those funds" for "they," and added the third sentence. Session Laws 2015-258, s. 3(m), 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 subdivision (a)(4).