North Carolina § 163-278 - 7. Appointment of political treasurers.

§ 163-278. 7. Appointment of political treasurers.

Each candidate who has received funds or made payments or given consent for anyone else to receive funds or transfer anything of value for the purpose of bringing about that individual's nomination or election for office, political committee, and referendum committee shall appoint a treasurer and, under verification, report the name and address of the treasurer to the Board. Only an individual who resides in North Carolina shall be appointed as a treasurer. A candidate may appoint himself or herself or any other individual, including any relative except his or her spouse, as the candidate's treasurer, and, upon failure to file [a] report designating a treasurer, the candidate shall be concluded to have appointed himself or herself as treasurer and shall be required to personally fulfill the duties and responsibilities imposed upon the appointed treasurer and subject to the penalties and sanctions hereinafter provided. Each appointed treasurer shall file with the Board at the time required by G.S. 163-278(a)(1) a statement of organization that includes: The Name, Address and Purpose of the Candidate, Political Committee, or Referendum Committee. - When the political committee or referendum committee is created pursuant to G.S. 163-278.19(b), the name shall be or include the name of the corporation, insurance company, business entity, labor union or professional association whose officials, employees, or members established the committee. When the political committee or referendum committee is not created pursuant to G.S. 163-278.19(b), the name shall be or include the economic interest, if identifiable, principally represented by the committee's organizers or intended to be advanced by use of the committee's receipts; The names, addresses, and relationships of affiliated or connected candidates, political committees, referendum committees, political parties, affiliated party committees, or similar organizations; The territorial area, scope, or jurisdiction of the candidate, political committee, or referendum committee; The name, address, and position with the candidate or political committee of the custodian of books and accounts; The name and party affiliation of the candidate(s) whom the committee is supporting or opposing, and the office(s) involved; The name of the referendum(s) which the referendum committee is supporting or opposing, and whether the committee is supporting or opposing the referendum; The name of the political committee, political party or affiliated party committee being supported or opposed if the committee is supporting the ticket of a particular candidate or political party; A listing of all banks, safety deposit boxes, or other depositories used, including the names and numbers of all accounts maintained and the numbers of all such safety deposit boxes used, provided that the Board shall keep any account number included in any report filed after March 1, 2003, and required by this Article confidential except as necessary to conduct an audit or investigation, except as required by a court of competent jurisdiction, or unless confidentiality is waived by the treasurer. Disclosure of an account number in violation of this subdivision shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of account numbers in violation of this subdivision as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable; The name or names and address or addresses of any assistant treasurers appointed by the treasurer. Such assistant treasurers shall be authorized to act in the name of the candidate, political committee, or referendum committee and shall be fully responsible for any act or acts committed by the assistant treasurer. The treasurer shall be fully liable for any violation of this Article committed by any assistant treasurer; and Any other information which might be requested by the Board that deals with the campaign organization of the candidate or referendum committee. Any change in information previously submitted in a statement of organization shall be reported to the Board within a 10-day period following the change. A candidate, political committee or referendum committee may remove his or its treasurer. In case of the death, resignation or removal of his or its treasurer before compliance with all obligations of a treasurer under this Article, such candidate, political committee or referendum committee shall appoint a successor within 10 days of the vacancy of such office, and certify the name and address of the successor in the manner provided in the case of an original appointment. Every treasurer of a referendum committee shall receive, prior to every election in which the referendum committee is involved, training from the State Board of Elections as to the duties of the office, including the requirements of G.S. 163-278.13(i), provided that the treasurer may designate an employee or volunteer of the committee to receive the training. Every treasurer of a political committee shall participate in training as to the duties of the office within three months of appointment and at least once every four years thereafter. The State Board of Elections shall provide the training as to the duties of the office in person, through regional seminars, and through interactive electronic means. The treasurer may designate an assistant treasurer to participate in the training, if one is named under subdivision (b)(9) of this section. The treasurer may choose to participate in training prior to each election in which the political committee is involved. All such training shall be free of charge to the treasurer and assistant treasurer. History (1973, c. 1272, s. 1; 1979, c. 500, s. 2; c. 1073, ss. 4, 5, 16, 18, 20; 1987, c. 113, s. 1; 1995, c. 315, s. 1; 2002-159, s. 57.1(a); 2004-203, s. 59(a); 2005-430, s. 10.1; 2006-195, s. 7; 2009-534, s. 4; 2015-258, s. 3(c); 2017-6, s. 3; 2018-13, s. 3.10; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-1412 by Session Laws 2017-6, s. 3. Former G.S. 163A-1412 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 2002-159, s. 57.1(a), which added the proviso in subdivision (b)(7), in s. 57.1(b) provides: "This section becomes effective January 1, 2003, and applies to any report filed on or after that date. The State Board of Elections may redact, and may authorize county boards of elections to redact, account numbers from public copies of reports filed prior to January 1, 2003." Subsection (f), added by Session Laws 2005-430, s. 10.1, effective December 1, 2005, is applicable to all contributions and expenditures made or accepted on or after that date. Session Laws 2015-258, s. 3(t), as added by Session Laws 2015-264, s. 81(e), is a severability clause. Session Laws 2018-13, s. 7, made the amendment of subsection (a) of this section by Session Laws 2018-13, s. 3.10, effective June 20, 2018, and applicable to elections held 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 2004-203, s. 59(a), effective January 1, 2003, inserted "filed after March 1, 2003, and" preceding "required by this Article" in subdivision (b)(7). Session Laws 2006-195, s. 7, effective October 1, 2006, rewrote subdivision (b)(8) which read: "The name or names and address or addresses of any assistant treasurers appointed by the treasurer. Such assistant treasurers shall be authorized to act in the name of the treasurer, who shall be fully responsible for any act or acts committed by an assistant treasurer, and the treasurer shall be fully liable for any violation of this Article committed by any assistant treasurer; and" and rewrote subsection (f) which read: "The State Board of Elections shall provide training for every treasurer of a political committee, prior to the election in which the political committee is involved, as to the duties of the office. The State Board of Elections shall provide each treasurer with a CD-ROM, DVD, videotape, or other electronic document containing training as to the duties of the office, and shall conduct regional seminars for in-person training. All such training shall be free of charge to the treasurer." Session Laws 2009-534, s. 4, effective December 1, 2009, added the present second sentence in subsection (a). Session Laws 2015-258, s. 3(c), effective September 30, 2015, and applicable to contributions and expenditures made on or after that date, inserted "affiliated party committees" in subdivision (b)(2); and rewrote subdivision (b)(6). Session Laws 2018-13, s. 3.10, in subsection (a), in the first sentence, added "who has received funds or made payments or given consent for anyone else to receive funds or transfer anything of value for the purpose of bringing about that individual's nomination or election for office," and in the last sentence, made minor gender neutral changes. For effective date and applicability, see editor's note.