State Codes and Statutes

Statutes > North-carolina > Chapter_163 > GS_163-278_67

§ 163‑278.67.  Matchingfunds.

(a)        When Matching FundsBecome Available. – When any report or group of reports shows that "fundsin opposition to a certified candidate or in support of an opponent to thatcandidate" as described in this section, exceed the trigger for matchingfunds as defined in G.S. 163‑278.62(18), the Board shall issueimmediately to that certified candidate an additional amount equal to thereported excess within the limits set forth in this section. "Funds inopposition to a certified candidate or in support of an opponent to thatcandidate" shall be equal to the sum of subdivisions (1) and (2) asfollows:

(1)        The greater of thefollowing:

a.         Campaignexpenditures or obligations made, or funds raised or borrowed, whichever isgreater, reported by any one nonparticipating candidate who is an opponent of acertified candidate. Where a certified candidate has more than onenonparticipating candidate as an opponent, the measure shall be taken from thenonparticipating candidate showing the highest relevant dollar amount.

b.         The fundsdistributed in accordance with G.S. 163‑278.65(b) to a certified opponentof the certified candidate.

(2)        The aggregate totalof all expenditures and payments reported in accordance with G.S. 163‑278.66(a)of entities making independent expenditures or electioneering communications inopposition to the certified candidate or in support of any opponent of thatcertified candidate.

(b)        Limit on MatchingFunds Before Date of Primary. – Total matching funds to a certified candidatebefore the date of the primary shall be limited to an amount equal to two timesthe maximum qualifying contributions for the office sought. Matching funds areavailable to a certified candidate with an opponent in the primary or to acertified candidate who is clearly referred to in expenditures reportable underG.S. 163‑278.99A made in opposition to that candidate.

(c)        Limit on MatchingFunds in Contested General Election. – Total matching funds to a certifiedcandidate in a contested general election shall be limited to an amount equalto two times the amount described in G.S. 163‑278.65(b)(4).

(c1)      ExpeditedDistribution of Matching Funds. – When a candidate becomes entitled to anyamount of matching funds under subsection (a) of this section, the Board shallauthorize the issuance of that amount to the candidate as soon as practicable.The Department of Administration shall transfer that amount to the candidate assoon as practicable and in no event later than 12 hours after receiving noticefrom the Board that the candidate has become entitled to it. The Department ofAdministration shall develop a method of rapidly transferring funds to acandidate or otherwise fulfilling the requirements of this subsection inconjunction with the Board. The candidate shall return to the Board as soon aspracticable any amount of the matching funds that the candidate has not spentat the date of the election or at the time the individual ceases to be acertified candidate, whichever occurs first.

(d)        Determinations byBoard. – In the case of electioneering communications, the Board shalldetermine which candidate, if any, is entitled to receive matching funds as aresult of the communication. The Board shall issue matching funds based on thecommunication only if it ascertains that the communication is susceptible of noreasonable interpretation other than as an appeal to vote for or against aspecific candidate. In making its determination, the Board shall not considerevidence external to the communication itself of the intent of the sponsor orthe effect of the communication. The Board shall notify each candidate itdetermines is entitled to receive matching funds based on those communications,the sponsor of those communications, and any candidate who is an opponent ofthe candidate it determines is entitled to the matching funds. The Board shallgive the sponsor of the communication and any opposing candidate an adequateopportunity to rebut the determination of the Board. In considering therebuttal, all candidates in the race and the sponsor shall be given adequateand equal opportunity to be heard. The Board shall adopt procedures forimplementing this subsection, balancing in those procedures adequacy ofopportunity to rebut and adequacy and equality of opportunity to be heard onthe rebuttal with the need to expedite the decision on awarding matching funds.The Board shall distribute the matching funds, if any, at the conclusion of itsprocess.

(e)        ProportionalMeasuring of Multicandidate Communications. – In calculating the amount ofmatching funds a certified candidate is eligible to receive under this section,the Board shall include the proportion of expenditures, obligations, orpayments for multicandidate communications that pertain to the candidate.

(f)         No Matching Fundsfor Certain Communications Involving All Candidates. – No matching funds areavailable under this section as a result of an expenditure that supports allcandidates for the same office or opposes all candidates for the same office.No matching funds are available under this section as a result of anelectioneering communication that the Board ascertains is susceptible of noreasonable interpretation other than as an appeal to vote for all candidatesfor the same office or to vote against all candidates for the same office.  (2002‑158, s. 1; 2007‑510,s. 1(b); 2008‑150, s. 7(b); 2009‑543, ss. 4, 5.)

State Codes and Statutes

Statutes > North-carolina > Chapter_163 > GS_163-278_67

§ 163‑278.67.  Matchingfunds.

(a)        When Matching FundsBecome Available. – When any report or group of reports shows that "fundsin opposition to a certified candidate or in support of an opponent to thatcandidate" as described in this section, exceed the trigger for matchingfunds as defined in G.S. 163‑278.62(18), the Board shall issueimmediately to that certified candidate an additional amount equal to thereported excess within the limits set forth in this section. "Funds inopposition to a certified candidate or in support of an opponent to thatcandidate" shall be equal to the sum of subdivisions (1) and (2) asfollows:

(1)        The greater of thefollowing:

a.         Campaignexpenditures or obligations made, or funds raised or borrowed, whichever isgreater, reported by any one nonparticipating candidate who is an opponent of acertified candidate. Where a certified candidate has more than onenonparticipating candidate as an opponent, the measure shall be taken from thenonparticipating candidate showing the highest relevant dollar amount.

b.         The fundsdistributed in accordance with G.S. 163‑278.65(b) to a certified opponentof the certified candidate.

(2)        The aggregate totalof all expenditures and payments reported in accordance with G.S. 163‑278.66(a)of entities making independent expenditures or electioneering communications inopposition to the certified candidate or in support of any opponent of thatcertified candidate.

(b)        Limit on MatchingFunds Before Date of Primary. – Total matching funds to a certified candidatebefore the date of the primary shall be limited to an amount equal to two timesthe maximum qualifying contributions for the office sought. Matching funds areavailable to a certified candidate with an opponent in the primary or to acertified candidate who is clearly referred to in expenditures reportable underG.S. 163‑278.99A made in opposition to that candidate.

(c)        Limit on MatchingFunds in Contested General Election. – Total matching funds to a certifiedcandidate in a contested general election shall be limited to an amount equalto two times the amount described in G.S. 163‑278.65(b)(4).

(c1)      ExpeditedDistribution of Matching Funds. – When a candidate becomes entitled to anyamount of matching funds under subsection (a) of this section, the Board shallauthorize the issuance of that amount to the candidate as soon as practicable.The Department of Administration shall transfer that amount to the candidate assoon as practicable and in no event later than 12 hours after receiving noticefrom the Board that the candidate has become entitled to it. The Department ofAdministration shall develop a method of rapidly transferring funds to acandidate or otherwise fulfilling the requirements of this subsection inconjunction with the Board. The candidate shall return to the Board as soon aspracticable any amount of the matching funds that the candidate has not spentat the date of the election or at the time the individual ceases to be acertified candidate, whichever occurs first.

(d)        Determinations byBoard. – In the case of electioneering communications, the Board shalldetermine which candidate, if any, is entitled to receive matching funds as aresult of the communication. The Board shall issue matching funds based on thecommunication only if it ascertains that the communication is susceptible of noreasonable interpretation other than as an appeal to vote for or against aspecific candidate. In making its determination, the Board shall not considerevidence external to the communication itself of the intent of the sponsor orthe effect of the communication. The Board shall notify each candidate itdetermines is entitled to receive matching funds based on those communications,the sponsor of those communications, and any candidate who is an opponent ofthe candidate it determines is entitled to the matching funds. The Board shallgive the sponsor of the communication and any opposing candidate an adequateopportunity to rebut the determination of the Board. In considering therebuttal, all candidates in the race and the sponsor shall be given adequateand equal opportunity to be heard. The Board shall adopt procedures forimplementing this subsection, balancing in those procedures adequacy ofopportunity to rebut and adequacy and equality of opportunity to be heard onthe rebuttal with the need to expedite the decision on awarding matching funds.The Board shall distribute the matching funds, if any, at the conclusion of itsprocess.

(e)        ProportionalMeasuring of Multicandidate Communications. – In calculating the amount ofmatching funds a certified candidate is eligible to receive under this section,the Board shall include the proportion of expenditures, obligations, orpayments for multicandidate communications that pertain to the candidate.

(f)         No Matching Fundsfor Certain Communications Involving All Candidates. – No matching funds areavailable under this section as a result of an expenditure that supports allcandidates for the same office or opposes all candidates for the same office.No matching funds are available under this section as a result of anelectioneering communication that the Board ascertains is susceptible of noreasonable interpretation other than as an appeal to vote for all candidatesfor the same office or to vote against all candidates for the same office.  (2002‑158, s. 1; 2007‑510,s. 1(b); 2008‑150, s. 7(b); 2009‑543, ss. 4, 5.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_163 > GS_163-278_67

§ 163‑278.67.  Matchingfunds.

(a)        When Matching FundsBecome Available. – When any report or group of reports shows that "fundsin opposition to a certified candidate or in support of an opponent to thatcandidate" as described in this section, exceed the trigger for matchingfunds as defined in G.S. 163‑278.62(18), the Board shall issueimmediately to that certified candidate an additional amount equal to thereported excess within the limits set forth in this section. "Funds inopposition to a certified candidate or in support of an opponent to thatcandidate" shall be equal to the sum of subdivisions (1) and (2) asfollows:

(1)        The greater of thefollowing:

a.         Campaignexpenditures or obligations made, or funds raised or borrowed, whichever isgreater, reported by any one nonparticipating candidate who is an opponent of acertified candidate. Where a certified candidate has more than onenonparticipating candidate as an opponent, the measure shall be taken from thenonparticipating candidate showing the highest relevant dollar amount.

b.         The fundsdistributed in accordance with G.S. 163‑278.65(b) to a certified opponentof the certified candidate.

(2)        The aggregate totalof all expenditures and payments reported in accordance with G.S. 163‑278.66(a)of entities making independent expenditures or electioneering communications inopposition to the certified candidate or in support of any opponent of thatcertified candidate.

(b)        Limit on MatchingFunds Before Date of Primary. – Total matching funds to a certified candidatebefore the date of the primary shall be limited to an amount equal to two timesthe maximum qualifying contributions for the office sought. Matching funds areavailable to a certified candidate with an opponent in the primary or to acertified candidate who is clearly referred to in expenditures reportable underG.S. 163‑278.99A made in opposition to that candidate.

(c)        Limit on MatchingFunds in Contested General Election. – Total matching funds to a certifiedcandidate in a contested general election shall be limited to an amount equalto two times the amount described in G.S. 163‑278.65(b)(4).

(c1)      ExpeditedDistribution of Matching Funds. – When a candidate becomes entitled to anyamount of matching funds under subsection (a) of this section, the Board shallauthorize the issuance of that amount to the candidate as soon as practicable.The Department of Administration shall transfer that amount to the candidate assoon as practicable and in no event later than 12 hours after receiving noticefrom the Board that the candidate has become entitled to it. The Department ofAdministration shall develop a method of rapidly transferring funds to acandidate or otherwise fulfilling the requirements of this subsection inconjunction with the Board. The candidate shall return to the Board as soon aspracticable any amount of the matching funds that the candidate has not spentat the date of the election or at the time the individual ceases to be acertified candidate, whichever occurs first.

(d)        Determinations byBoard. – In the case of electioneering communications, the Board shalldetermine which candidate, if any, is entitled to receive matching funds as aresult of the communication. The Board shall issue matching funds based on thecommunication only if it ascertains that the communication is susceptible of noreasonable interpretation other than as an appeal to vote for or against aspecific candidate. In making its determination, the Board shall not considerevidence external to the communication itself of the intent of the sponsor orthe effect of the communication. The Board shall notify each candidate itdetermines is entitled to receive matching funds based on those communications,the sponsor of those communications, and any candidate who is an opponent ofthe candidate it determines is entitled to the matching funds. The Board shallgive the sponsor of the communication and any opposing candidate an adequateopportunity to rebut the determination of the Board. In considering therebuttal, all candidates in the race and the sponsor shall be given adequateand equal opportunity to be heard. The Board shall adopt procedures forimplementing this subsection, balancing in those procedures adequacy ofopportunity to rebut and adequacy and equality of opportunity to be heard onthe rebuttal with the need to expedite the decision on awarding matching funds.The Board shall distribute the matching funds, if any, at the conclusion of itsprocess.

(e)        ProportionalMeasuring of Multicandidate Communications. – In calculating the amount ofmatching funds a certified candidate is eligible to receive under this section,the Board shall include the proportion of expenditures, obligations, orpayments for multicandidate communications that pertain to the candidate.

(f)         No Matching Fundsfor Certain Communications Involving All Candidates. – No matching funds areavailable under this section as a result of an expenditure that supports allcandidates for the same office or opposes all candidates for the same office.No matching funds are available under this section as a result of anelectioneering communication that the Board ascertains is susceptible of noreasonable interpretation other than as an appeal to vote for all candidatesfor the same office or to vote against all candidates for the same office.  (2002‑158, s. 1; 2007‑510,s. 1(b); 2008‑150, s. 7(b); 2009‑543, ss. 4, 5.)