North Carolina § 163-278 - 38Z. Definitions.

§ 163-278. 38Z. Definitions.

As used in this Part: "Advertisement" means any message appearing in the print media, on television, or on radio that constitutes a contribution or expenditure under this Article. "Candidate" means any individual who, with respect to a public office listed in G.S. 163-278.6(80), has filed a notice of candidacy, notice of retention, or a petition requesting to be a candidate, or has been certified as a nominee of a political party for a vacancy, or has otherwise qualified as a candidate in a manner authorized by law, or has filed a statement of organization under G.S. 163-278.7 and is required to file periodic financial disclosure statements under G.S. 163-278.9. "Candidate campaign committee" means any political committee organized by or under the direction of a candidate, except for an affiliated party committee as defined in G.S. 163-278.6(1). "Full-screen" means the only picture appearing on the television screen during the oral disclosure statement contains the disclosing person, that the picture occupies all visible space on the television screen, and that the image of the disclosing person occupies at least fifty percent (50%) of the vertical height of the television screen. "Political action committee" has the same meaning as "political committee" in G.S. 163-278.6(74), except that "political action committee" does not include any political party, political party organization, or affiliated party committee. "Political party organization" means any political party executive committee or any political committee that operates under the direction of a political party executive committee or political party chair, or any affiliated party committee. "Print media" means billboards, cards, newspapers, newspaper inserts, magazines, mass mailings, pamphlets, fliers, periodicals, and outdoor advertising facilities. "Radio" means any radio broadcast station that is subject to the provisions of 47 U.S.C. §§ 315 and 317. "Scan line" means a standard term of measurement used in the electronic media industry calculating a certain area in a television advertisement. "Sponsor" means a candidate, candidate committee, political party organization, political action committee, referendum committee, individual, or other entity that purchases an advertisement. "Television" means any television broadcast station, cable television system, wireless-cable multipoint distribution system, satellite company, or telephone company transmitting video programming that is subject to the provisions of 47 U.S.C. §§ 315 and 317. "Unobscured" means the only printed material that may appear on the television screen is a visual disclosure statement required by law, and nothing is blocking the view of the disclosing person's face. History (1999-453, s. 2(a); 2004-203, s. 12(a); 2010-170, s. 7; 2015-66, s. 8(b); 2015-258, s. 3(q); 2015-264, s. 81(f); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Preclearance under Section 5 of the Voting Rights Act. - Session Laws 2010-170, s. 17, provides, in part: "Sections 1 through 15 of this act become effective upon preclearance by the United States Department of Justice." Preclearance was received by letter dated September 23, 2010. Editor's Note. - This section was recodified as now former G.S. 163A-1475 by Session Laws 2017-6, s. 3. Former G.S. 163A-1475 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. This section was originally enacted by Session Laws 1999-453, s. 2(a), as G.S. 163-278.39 B and was recodified as this section by Session Laws 2004-203, s. 12(a). Subdivisions (5) to (7) were redesignated in alphabetical order at the direction of the Revisor of Statutes. Session Laws 2015-258, s. 3(t), as added by Session Laws 2015-264, s. 81(e), is a severability clause. The amendment by Session Laws 2015-264, s. 81(f), was contingent on enactment of House Bill 373, 2015 Regular Session. House Bill 373 was enacted as Session Laws 2015-258. 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 2010-170, s. 7, effective upon preclearance by the United States Department of Justice [September 23, 2010], deleted the last sentence in subdivision (7), which read: "A 'mass mailing' is a mailing with more than 500 pieces." Session Laws 2015-66, s. 8(b), effective June 11, 2015, inserted "notice of retention" near the beginning of subdivision (2). Session Laws 2015-258, s. 3(q), effective September 30, 2015, and applicable to contributions and expenditures made on or after that date added "or affiliated party committee" at the end of subdivision (5); added "or any affiliated party committee" at the end of subdivision (6); and made minor stylistic changes. Session Laws 2015-264, s. 81(f), effective October 1, 2015, added the exception in subdivision (3), pertaining to an affiliated party committee.