§ 163‑278.64. Requirements for participation; certification of candidates.
(a) Declaration ofIntent to Participate. Any individual choosing to receive campaign funds fromthe Fund shall first file with the Board a declaration of intent to participatein the act as a candidate for a stated office. The declaration of intent shallbe filed before or during the qualifying period and before collecting anyqualifying contributions. In the declaration, the candidate shall swear oraffirm that only one political committee, identified with its treasurer, shallhandle all contributions, expenditures, and obligations for the participatingcandidate and that the candidate will comply with the contribution andexpenditure limits set forth in subsection (d) of this section and all otherrequirements set forth in this Article or adopted by the Board. Failure tocomply is a violation of this Article.
(b) Demonstration ofSupport of Candidacy. Participating candidates who seek certification toreceive campaign funds from the Fund shall first, during the qualifying period,obtain qualifying contributions from at least 350 registered voters in anaggregate sum that at least equals the amount of minimum qualifyingcontributions described in G.S. 163‑278.62(10) but that does not exceedthe amount of maximum qualifying contributions described in G.S. 163‑278.62(9).
No payment, gift, anything ofvalue, or the opportunity to win anything of value shall be given in exchangefor a qualifying contribution.
(c) Certification ofCandidates. Upon receipt of a submittal of the record of demonstrated supportby a participating candidate, the Board shall determine whether or not thecandidate has complied with all the following requirements:
(1) Signed and filed adeclaration of intent to participate in this Article.
(2) Submitted a reportitemizing the appropriate number of qualifying contributions received fromregistered voters, which the Board shall verify through a random sample orother means it adopts. The report shall include the county of residence of eachregistered voter listed.
(3) Filed a valid noticeof candidacy pursuant to Article 25 of this Chapter.
(4) Otherwise met therequirements for participation in this Article.
The Board shall certifycandidates complying with the requirements of this section as soon as possibleand no later than five business days after receipt of a satisfactory record ofdemonstrated support.
(d) Restrictions onContributions and Expenditures for Participating and Certified Candidates. Thefollowing restrictions shall apply to contributions and expenditures withrespect to participating and certified candidates:
(1) Beginning January 1of the year before the election and before the filing of a declaration ofintent, a candidate for office may accept in contributions up to ten thousanddollars ($10,000) from sources and in amounts permitted by Article 22A of thisChapter and may expend up to ten thousand dollars ($10,000) for any campaignpurpose. A candidate who exceeds either of these limits shall be ineligible tofile a declaration of intent or receive funds from the Public Campaign Fund.
(2) From the filing of adeclaration of intent through the end of the qualifying period, a candidate mayaccept only qualifying contributions, contributions under ten dollars ($10.00)from North Carolina voters, and personal and family contributions permittedunder subdivision (4) of this subsection. The total contributions the candidatemay accept during this period shall not exceed the maximum qualifying contributionsfor that candidate. In addition to these contributions, the candidate may onlyexpend during this period the remaining money raised pursuant to subdivision(1) of this subsection and possible matching funds received pursuant to G.S.163‑278.67. Except for personal and family contributions permitted undersubdivision (4) of this subsection, multiple contributions from the samecontributor to the same candidate shall not exceed five hundred dollars($500.00).
(3) After the qualifyingperiod and through the date of the general election, the candidate shall expendonly the funds the candidate receives from the Fund pursuant to G.S. 163‑278.65(b)(4)plus any funds remaining from the qualifying period and possible matchingfunds.
(4) During thequalifying period, the candidate may contribute up to one thousand dollars($1,000) of that candidate's own money to the campaign. Debt incurred by thecandidate for a campaign expenditure shall count toward that limit. Thecandidate may accept in contributions one thousand dollars ($1,000) from eachmember of that candidate's family consisting of spouse, parent, child, brother,and sister. Up to five hundred dollars ($500.00) of a contribution from thecandidate's family member may be treated as a qualifying contribution if itmeets the requirements of G.S. 163‑278.62(15)a. and b.
(5) A candidate and thecandidate's committee shall limit the use of all revenues permitted by thissubsection to expenditures for campaign‑related purposes only. The Boardshall publish guidelines outlining permissible campaign‑relatedexpenditures. In establishing those guidelines, the Board shall differentiateexpenditures that reasonably further a candidate's campaign from expendituresfor personal use that would be incurred in the absence of the candidacy. Inestablishing the guidelines, the Board shall review relevant provisions of G.S.163‑278.42(e), the Federal Election Campaign Act, and rules adoptedpursuant to it, and similar provisions in other states.
(6) Any contributionreceived by a participating or certified candidate that falls outside thatpermitted by this subsection shall be returned to the donor as soon aspracticable. Contributions intentionally made, solicited, or accepted inviolation of this Article are subject to civil penalties as specified in G.S.163‑278.70. The funds involved shall be forfeited to the Civil Penaltyand Forfeiture Fund.
(7) A candidate shallreturn to the Fund any amount distributed for an election that is unspent anduncommitted at the date of the election, or at the time the individual ceasesto be a certified candidate, whichever occurs first. For accounting purposes,all qualifying, personal, and family contributions shall be considered spentbefore revenue from the Fund is spent or committed.
(e) Revocation. Acandidate may revoke, in writing to the Board, a decision to participate in thePublic Campaign Fund at any time before the deadline set by the Board for thecandidate's submission of information for the Voter Guide described in G.S. 163‑278.69.After a timely revocation, that candidate may accept and expend outside thelimits of this Article without violating this Article. Within 10 days afterrevocation, a candidate shall return to the Board all money received from theFund. (2002‑158,s. 1; 2004‑203, s. 60; 2005‑276, s. 23A.1(d); 2005‑430, ss.4, 5; 2007‑510, s. 1(c); 2009‑543, ss. 2, 3.)
§ 163‑278.64. Requirements for participation; certification of candidates.
(a) Declaration ofIntent to Participate. Any individual choosing to receive campaign funds fromthe Fund shall first file with the Board a declaration of intent to participatein the act as a candidate for a stated office. The declaration of intent shallbe filed before or during the qualifying period and before collecting anyqualifying contributions. In the declaration, the candidate shall swear oraffirm that only one political committee, identified with its treasurer, shallhandle all contributions, expenditures, and obligations for the participatingcandidate and that the candidate will comply with the contribution andexpenditure limits set forth in subsection (d) of this section and all otherrequirements set forth in this Article or adopted by the Board. Failure tocomply is a violation of this Article.
(b) Demonstration ofSupport of Candidacy. Participating candidates who seek certification toreceive campaign funds from the Fund shall first, during the qualifying period,obtain qualifying contributions from at least 350 registered voters in anaggregate sum that at least equals the amount of minimum qualifyingcontributions described in G.S. 163‑278.62(10) but that does not exceedthe amount of maximum qualifying contributions described in G.S. 163‑278.62(9).
No payment, gift, anything ofvalue, or the opportunity to win anything of value shall be given in exchangefor a qualifying contribution.
(c) Certification ofCandidates. Upon receipt of a submittal of the record of demonstrated supportby a participating candidate, the Board shall determine whether or not thecandidate has complied with all the following requirements:
(1) Signed and filed adeclaration of intent to participate in this Article.
(2) Submitted a reportitemizing the appropriate number of qualifying contributions received fromregistered voters, which the Board shall verify through a random sample orother means it adopts. The report shall include the county of residence of eachregistered voter listed.
(3) Filed a valid noticeof candidacy pursuant to Article 25 of this Chapter.
(4) Otherwise met therequirements for participation in this Article.
The Board shall certifycandidates complying with the requirements of this section as soon as possibleand no later than five business days after receipt of a satisfactory record ofdemonstrated support.
(d) Restrictions onContributions and Expenditures for Participating and Certified Candidates. Thefollowing restrictions shall apply to contributions and expenditures withrespect to participating and certified candidates:
(1) Beginning January 1of the year before the election and before the filing of a declaration ofintent, a candidate for office may accept in contributions up to ten thousanddollars ($10,000) from sources and in amounts permitted by Article 22A of thisChapter and may expend up to ten thousand dollars ($10,000) for any campaignpurpose. A candidate who exceeds either of these limits shall be ineligible tofile a declaration of intent or receive funds from the Public Campaign Fund.
(2) From the filing of adeclaration of intent through the end of the qualifying period, a candidate mayaccept only qualifying contributions, contributions under ten dollars ($10.00)from North Carolina voters, and personal and family contributions permittedunder subdivision (4) of this subsection. The total contributions the candidatemay accept during this period shall not exceed the maximum qualifying contributionsfor that candidate. In addition to these contributions, the candidate may onlyexpend during this period the remaining money raised pursuant to subdivision(1) of this subsection and possible matching funds received pursuant to G.S.163‑278.67. Except for personal and family contributions permitted undersubdivision (4) of this subsection, multiple contributions from the samecontributor to the same candidate shall not exceed five hundred dollars($500.00).
(3) After the qualifyingperiod and through the date of the general election, the candidate shall expendonly the funds the candidate receives from the Fund pursuant to G.S. 163‑278.65(b)(4)plus any funds remaining from the qualifying period and possible matchingfunds.
(4) During thequalifying period, the candidate may contribute up to one thousand dollars($1,000) of that candidate's own money to the campaign. Debt incurred by thecandidate for a campaign expenditure shall count toward that limit. Thecandidate may accept in contributions one thousand dollars ($1,000) from eachmember of that candidate's family consisting of spouse, parent, child, brother,and sister. Up to five hundred dollars ($500.00) of a contribution from thecandidate's family member may be treated as a qualifying contribution if itmeets the requirements of G.S. 163‑278.62(15)a. and b.
(5) A candidate and thecandidate's committee shall limit the use of all revenues permitted by thissubsection to expenditures for campaign‑related purposes only. The Boardshall publish guidelines outlining permissible campaign‑relatedexpenditures. In establishing those guidelines, the Board shall differentiateexpenditures that reasonably further a candidate's campaign from expendituresfor personal use that would be incurred in the absence of the candidacy. Inestablishing the guidelines, the Board shall review relevant provisions of G.S.163‑278.42(e), the Federal Election Campaign Act, and rules adoptedpursuant to it, and similar provisions in other states.
(6) Any contributionreceived by a participating or certified candidate that falls outside thatpermitted by this subsection shall be returned to the donor as soon aspracticable. Contributions intentionally made, solicited, or accepted inviolation of this Article are subject to civil penalties as specified in G.S.163‑278.70. The funds involved shall be forfeited to the Civil Penaltyand Forfeiture Fund.
(7) A candidate shallreturn to the Fund any amount distributed for an election that is unspent anduncommitted at the date of the election, or at the time the individual ceasesto be a certified candidate, whichever occurs first. For accounting purposes,all qualifying, personal, and family contributions shall be considered spentbefore revenue from the Fund is spent or committed.
(e) Revocation. Acandidate may revoke, in writing to the Board, a decision to participate in thePublic Campaign Fund at any time before the deadline set by the Board for thecandidate's submission of information for the Voter Guide described in G.S. 163‑278.69.After a timely revocation, that candidate may accept and expend outside thelimits of this Article without violating this Article. Within 10 days afterrevocation, a candidate shall return to the Board all money received from theFund. (2002‑158,s. 1; 2004‑203, s. 60; 2005‑276, s. 23A.1(d); 2005‑430, ss.4, 5; 2007‑510, s. 1(c); 2009‑543, ss. 2, 3.)
§ 163‑278.64. Requirements for participation; certification of candidates.
(a) Declaration ofIntent to Participate. Any individual choosing to receive campaign funds fromthe Fund shall first file with the Board a declaration of intent to participatein the act as a candidate for a stated office. The declaration of intent shallbe filed before or during the qualifying period and before collecting anyqualifying contributions. In the declaration, the candidate shall swear oraffirm that only one political committee, identified with its treasurer, shallhandle all contributions, expenditures, and obligations for the participatingcandidate and that the candidate will comply with the contribution andexpenditure limits set forth in subsection (d) of this section and all otherrequirements set forth in this Article or adopted by the Board. Failure tocomply is a violation of this Article.
(b) Demonstration ofSupport of Candidacy. Participating candidates who seek certification toreceive campaign funds from the Fund shall first, during the qualifying period,obtain qualifying contributions from at least 350 registered voters in anaggregate sum that at least equals the amount of minimum qualifyingcontributions described in G.S. 163‑278.62(10) but that does not exceedthe amount of maximum qualifying contributions described in G.S. 163‑278.62(9).
No payment, gift, anything ofvalue, or the opportunity to win anything of value shall be given in exchangefor a qualifying contribution.
(c) Certification ofCandidates. Upon receipt of a submittal of the record of demonstrated supportby a participating candidate, the Board shall determine whether or not thecandidate has complied with all the following requirements:
(1) Signed and filed adeclaration of intent to participate in this Article.
(2) Submitted a reportitemizing the appropriate number of qualifying contributions received fromregistered voters, which the Board shall verify through a random sample orother means it adopts. The report shall include the county of residence of eachregistered voter listed.
(3) Filed a valid noticeof candidacy pursuant to Article 25 of this Chapter.
(4) Otherwise met therequirements for participation in this Article.
The Board shall certifycandidates complying with the requirements of this section as soon as possibleand no later than five business days after receipt of a satisfactory record ofdemonstrated support.
(d) Restrictions onContributions and Expenditures for Participating and Certified Candidates. Thefollowing restrictions shall apply to contributions and expenditures withrespect to participating and certified candidates:
(1) Beginning January 1of the year before the election and before the filing of a declaration ofintent, a candidate for office may accept in contributions up to ten thousanddollars ($10,000) from sources and in amounts permitted by Article 22A of thisChapter and may expend up to ten thousand dollars ($10,000) for any campaignpurpose. A candidate who exceeds either of these limits shall be ineligible tofile a declaration of intent or receive funds from the Public Campaign Fund.
(2) From the filing of adeclaration of intent through the end of the qualifying period, a candidate mayaccept only qualifying contributions, contributions under ten dollars ($10.00)from North Carolina voters, and personal and family contributions permittedunder subdivision (4) of this subsection. The total contributions the candidatemay accept during this period shall not exceed the maximum qualifying contributionsfor that candidate. In addition to these contributions, the candidate may onlyexpend during this period the remaining money raised pursuant to subdivision(1) of this subsection and possible matching funds received pursuant to G.S.163‑278.67. Except for personal and family contributions permitted undersubdivision (4) of this subsection, multiple contributions from the samecontributor to the same candidate shall not exceed five hundred dollars($500.00).
(3) After the qualifyingperiod and through the date of the general election, the candidate shall expendonly the funds the candidate receives from the Fund pursuant to G.S. 163‑278.65(b)(4)plus any funds remaining from the qualifying period and possible matchingfunds.
(4) During thequalifying period, the candidate may contribute up to one thousand dollars($1,000) of that candidate's own money to the campaign. Debt incurred by thecandidate for a campaign expenditure shall count toward that limit. Thecandidate may accept in contributions one thousand dollars ($1,000) from eachmember of that candidate's family consisting of spouse, parent, child, brother,and sister. Up to five hundred dollars ($500.00) of a contribution from thecandidate's family member may be treated as a qualifying contribution if itmeets the requirements of G.S. 163‑278.62(15)a. and b.
(5) A candidate and thecandidate's committee shall limit the use of all revenues permitted by thissubsection to expenditures for campaign‑related purposes only. The Boardshall publish guidelines outlining permissible campaign‑relatedexpenditures. In establishing those guidelines, the Board shall differentiateexpenditures that reasonably further a candidate's campaign from expendituresfor personal use that would be incurred in the absence of the candidacy. Inestablishing the guidelines, the Board shall review relevant provisions of G.S.163‑278.42(e), the Federal Election Campaign Act, and rules adoptedpursuant to it, and similar provisions in other states.
(6) Any contributionreceived by a participating or certified candidate that falls outside thatpermitted by this subsection shall be returned to the donor as soon aspracticable. Contributions intentionally made, solicited, or accepted inviolation of this Article are subject to civil penalties as specified in G.S.163‑278.70. The funds involved shall be forfeited to the Civil Penaltyand Forfeiture Fund.
(7) A candidate shallreturn to the Fund any amount distributed for an election that is unspent anduncommitted at the date of the election, or at the time the individual ceasesto be a certified candidate, whichever occurs first. For accounting purposes,all qualifying, personal, and family contributions shall be considered spentbefore revenue from the Fund is spent or committed.
(e) Revocation. Acandidate may revoke, in writing to the Board, a decision to participate in thePublic Campaign Fund at any time before the deadline set by the Board for thecandidate's submission of information for the Voter Guide described in G.S. 163‑278.69.After a timely revocation, that candidate may accept and expend outside thelimits of this Article without violating this Article. Within 10 days afterrevocation, a candidate shall return to the Board all money received from theFund. (2002‑158,s. 1; 2004‑203, s. 60; 2005‑276, s. 23A.1(d); 2005‑430, ss.4, 5; 2007‑510, s. 1(c); 2009‑543, ss. 2, 3.)
