North Carolina § 163-278 - 27. Criminal penalties; duty to report and prosecute.

§ 163-278. 27. Criminal penalties; duty to report and prosecute.

Any individual, candidate, political committee, referendum committee, treasurer, person or media who intentionally violates the applicable provisions of G.S. 163-278.7, 163-278.8, 163-278.9, 163-278.10, 163-278.11, 163-278.12, 163-278.13, 163-278.13B, 163-278.14, 163-278.16, 163-278.16B, 163-278.17, 163-278.18, 163-278.19, 163-278.20, 163-278.39, 163-278.40A, 163-278.40B, 163-278.40C, 163-278.40D, 163-278.40E, or 163-278.40J is guilty of a Class 2 misdemeanor. The statute of limitations as stated in G.S. 15-1 shall run from the day the last report is due to be filed with the appropriate board of elections for the election cycle for which the violation occurred. A violation of G.S. 163-278.32 by making a certification knowing the information to be untrue is a Class I felony. A person or individual who intentionally violates G.S. 163-278.14(a) or G.S. 163-278.19(a) and the unlawful contributions total more than ten thousand dollars ($10,000) per election is guilty of a Class I felony. The Board shall refer apparent violations under this section to the State Ethics Commission. The State Ethics Commission shall investigate and make confidential recommendations to the Board regarding the appropriateness of a criminal referral for those alleged violations, as provided in G.S. 138A-13.5. The Board shall not take action under subsection (b) of this section for 90 days after the referral to the State Ethics Commission. Following receipt and consideration of the confidential recommendation from the State Ethics Commission as provided in subsection (a3) of this section, if the Board has knowledge of or has reason to believe there has been a violation of any section of this Article, it shall report that fact, together with accompanying details and a copy of the recommendation issued by the State Ethics Commission, to the following prosecuting authorities: In the case of a candidate for nomination or election to the State Senate or State House of Representatives: report to the district attorney of the prosecutorial district in which the candidate for nomination or election resides; In the case of a candidate for nomination or election to the office of Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, State Superintendent of Public Instruction, State Attorney General, State Commissioner of Agriculture, State Commissioner of Labor, State Commissioner of Insurance, and all other State elective offices, Justice of the Supreme Court, Judge of the Court of Appeals, judge of a superior court, judge of a district court, and district attorney of the superior court: report to the district attorney of the prosecutorial district in which Wake County is located; In the case of an individual other than a candidate, including, without limitation, violations by members of political committees, referendum committees or treasurers: report to the district attorney of the prosecutorial district in which the individual resides; and In the case of a person or any group of individuals: report to the district attorney or district attorneys of the prosecutorial district or districts in which any of the officers, directors, agents, employees or members of the person or group reside. Upon receipt of such a report from the Board, the appropriate district attorney shall prosecute the individual or persons alleged to have violated a section or sections of this Article. As a condition of probation, a sentencing judge may order that the costs incurred by the State Board of Elections in investigating and aiding the prosecution of a case be paid to the State Board of Elections by the defendant on such terms and conditions as set by the judge. History (1973, c. 1272, s. 1; 1979, c. 500, s. 10; c. 1073, ss. 15, 19; 1981, c. 837, s. 4; 1987, c. 565, s. 17; 1993, c. 539, s. 1118; 1994, Ex. Sess., c. 24, s. 14(c); 1999-453, s. 2(c); 2001-419, s. 2; 2006-161, s. 5; 2007-391, s. 1(b); 2008-150, s. 9(b); 2008-187, s. 29; 2010-169, s. 6(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.11(d).) Editor's Note. - This section was recodified as now former G.S. 163A-1445 by Session Laws 2017-6, s. 3. Former G.S. 163A-1445 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. G.S. 163-278.20 , referred to in subsection (a), was repealed by Session Laws 2006-195, s. 2, effective January 1, 2007. Session Laws 2007-391, s. 1(c), as amended by Session Laws 2008-187, s. 33(a), provides: "This section becomes effective December 1, 2007, and applies to offenses committed on or after that date." Session Laws 2010-169, s. 6(a), which, in the last sentence in subsection (a), inserted "as stated in G.S. 15-1 ," added subsection (a2), and made minor stylistic changes, was effective December 1, 2010, and applicable to offenses committed on or after that date. 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 2006-161, s. 5, 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, inserted "163-278.16B," in the middle of the first sentence in subsection (a). Session Laws 2007-391, s. 1(b), effective December 1, 2007, and applicable to offenses committed on or after that date, added subsection (a1). Session Laws 2008-150, s. 9(b), effective December 1, 2008, in subsection (a), inserted "163-278.40J" near the end of the first sentence, and made related changes. Session Laws 2008-187, s. 29, effective August 7, 2008, substituted "G.S. 163-278.32" for "G.S. 278.32" in subsection (a1). Session Laws 2010-169, s. 6(a), effective December 1, 2010, and applicable to offenses committed on or after that date, in the last sentence in subsection (a), inserted "as stated in G.S. 15-1 "; added subsection (a2); and made minor stylistic changes.