(1) The term"board" means the State Board of Elections with respect to allcandidates for State, legislative, and judicial offices and the county ormunicipal board of elections with respect to all candidates for county andmunicipal offices. The term means the State Board of Elections with respect toall statewide referenda and the county or municipal board of electionsconducting all local referenda.
(2) The term"broadcasting station" means any commercial radio or televisionstation or community antenna radio or television station. Special definitionsof "radio" and "television" that apply only in Part 1A ofthis Article are set forth in G.S. 163‑278.38Z.
(3) The term"business entity" means any partnership, joint venture, joint‑stockcompany, company, firm, or any commercial or industrial establishment orenterprise.
(4) The term"candidate" means any individual who, with respect to a public officelisted in G.S. 163‑278.6(18), has taken positive action for the purposeof bringing about that individual's nomination or election to public office.Examples of positive action include:
a. Filing a notice ofcandidacy or a petition requesting to be a candidate,
b. Being certified as anominee of a political party for a vacancy,
c. Otherwise qualifyingas a candidate in a manner authorized by law,
d. Making a publicannouncement of a definite intent to run for public office in a particularelection, or
e. Receiving funds ormaking payments or giving the consent for anyone else to receive funds ortransfer anything of value for the purpose of bringing about that individual'snomination or election to office. Transferring anything of value includesincurring an obligation to transfer anything of value.
Statusas a candidate for the purpose of this Article continues if the individual isreceiving contributions to repay loans or cover a deficit or is makingexpenditures to satisfy obligations from an election already held. Specialdefinitions of "candidate" and "candidate campaigncommittee" that apply only in Part 1A of this Article are set forth inG.S. 163‑278.38Z.
(5) The term"communications media" or "media" means broadcastingstations, carrier current stations, newspapers, magazines, periodicals, outdooradvertising facilities, billboards, newspaper inserts, and any person orindividual whose business is polling public opinion, analyzing or predictingvoter behavior or voter preferences. Special definitions of "printmedia," "radio," and "television" that apply only inPart 1A of this Article are set forth in G.S. 163‑278.38Z.
(6) The terms"contribute" or "contribution" mean any advance,conveyance, deposit, distribution, transfer of funds, loan, payment, gift,pledge or subscription of money or anything of value whatsoever, to a candidateto support or oppose the nomination or election of one or more clearlyidentified candidates, to a political committee, to a political party, or to areferendum committee, whether or not made in an election year, and any contract,agreement, or other obligation to make a contribution. An expenditure forgivenby a person or entity to whom it is owed shall be reported as a contributionfrom that person or entity. These terms include, without limitation, suchcontributions as labor or personal services, postage, publication of campaignliterature or materials, in‑kind transfers, loans or use of any supplies,office machinery, vehicles, aircraft, office space, or similar or relatedservices, goods, or personal or real property. These terms also include,without limitation, the proceeds of sale of services, campaign literature andmaterials, wearing apparel, tickets or admission prices to campaign events suchas rallies or dinners, and the proceeds of sale of any campaign‑relatedservices or goods. Notwithstanding the foregoing meanings of"contribution," the word shall not be construed to include servicesprovided without compensation by individuals volunteering a portion or all oftheir time on behalf of a candidate, political committee, or referendumcommittee. The term "contribution" does not include an"independent expenditure." If:
a. Any individual,person, committee, association, or any other organization or group ofindividuals, including but not limited to, a political organization (as definedin section 527(e)(1) of the Internal Revenue Code of 1986) makes, or contractsto make, any disbursement for any electioneering communication, as defined inG.S. 163‑278.80(2) and (3) and G.S. 163‑278.90(2) and (3); and
b. That disbursement iscoordinated with a candidate, an authorized political committee of thatcandidate, a State or local political party or committee of that party, or anagent or official of any such candidate, party, or committee
thatdisbursement or contracting shall be treated as a contribution to the candidatesupported by the electioneering communication or that candidate's party and asan expenditure by that candidate or that candidate's party.
(7) The term"corporation" means any corporation established under either domesticor foreign charter, and includes a corporate subsidiary and any business entityin which a corporation participates or is a stockholder, a partner or a jointventurer. The term applies regardless of whether the corporation does businessin the State of North Carolina.
(7a) The term "costsof collection" means monies spent by the State Board of Elections in thecollection of the penalties levied under this Article to the extent the costsdo not constitute more than fifty percent (50%) of the civil penalty. The costsare presumed to be ten percent (10%) of the civil penalty unless otherwisedetermined by the State Board of Elections based on the records of expensesincurred by the State Board of Elections for its collection procedures.
(7b) The term"day" means calendar day.
(7c) The term"election cycle" means the period of time from January 1 after anelection for an office through December 31 after the election for the next termof the same office. Where the term is applied in the context of several officeswith different terms, "election cycle" means the period from January1 of an odd‑numbered year through December 31 of the next even‑numberedyear.
(8) The term"election" means any general or special election, a first or secondprimary, a run‑off election, or an election to fill a vacancy. The term"election" shall not include any local or statewide referendum.
(8a) The term"enforcement costs" means salaries, overhead, and other monies spentby the State Board of Elections in the enforcement of the penalties provisionsof this Article, including the costs of investigators, attorneys, travel costsfor State Board employees and its attorneys, to the extent the costs do notconstitute more than fifty percent (50%) of the sum levied for the enforcementcosts and civil late penalty.
(9) The terms"expend" or "expenditure" mean any purchase, advance,conveyance, deposit, distribution, transfer of funds, loan, payment, gift,pledge or subscription of money or anything of value whatsoever, whether or notmade in an election year, and any contract, agreement, or other obligation tomake an expenditure, to support or oppose the nomination, election, or passageof one or more clearly identified candidates, or ballot measure. An expenditureforgiven by a person or entity to whom it is owed shall be reported as acontribution from that person or entity. Supporting or opposing the election ofclearly identified candidates includes supporting or opposing the candidates ofa clearly identified political party. The term "expenditure" alsoincludes any payment or other transfer made by a candidate, politicalcommittee, or referendum committee.
(9a) The term"independently expend" or "independent expenditure" meansan expenditure to support or oppose the nomination or election of one or moreclearly identified candidates that is made without consultation or coordinationwith a candidate or agent of a candidate whose nomination or election theexpenditure supports or whose opponent's nomination or election the expenditureopposes. Supporting or opposing the election of clearly identified candidatesincludes supporting or opposing the candidates of a clearly identifiedpolitical party. A contribution is not an independent expenditure. As appliedto referenda, the term "independent expenditure" applies ifconsultation or coordination does not take place with a referendum committeethat supports a ballot measure the expenditure supports, or a referendumcommittee that opposes the ballot measure the expenditure opposes.
(10) The term"individual" means a single individual or more than one individual.
(11) The term"insurance company" means any person whose business is making orunderwriting contracts of insurance, and includes mutual insurance companies,stock insurance companies, and fraternal beneficiary associations.
(12) The term "laborunion" means any union, organization, combination or association ofemployees or workmen formed for the purposes of securing by united actionfavorable wages, improved labor conditions, better hours of labor or work‑relatedbenefits, or for handling, processing or righting grievances by employeesagainst their employers, or for representing employees collectively orindividually in dealings with their employers. The term includes any unions towhich Article 10, Chapter 95 applies.
(13) The term"person" means any business entity, corporation, insurance company,labor union, or professional association.
(14) The term"political committee" means a combination of two or more individuals,such as any person, committee, association, organization, or other entity thatmakes, or accepts anything of value to make, contributions or expenditures andhas one or more of the following characteristics:
a. Is controlled by acandidate;
b. Is a political partyor executive committee of a political party or is controlled by a politicalparty or executive committee of a political party;
c. Is created by acorporation, business entity, insurance company, labor union, or professionalassociation pursuant to G.S. 163‑278.19(b); or
d. Has the majorpurpose to support or oppose the nomination or election of one or more clearlyidentified candidates.
Supportingor opposing the election of clearly identified candidates includes supportingor opposing the candidates of a clearly identified political party.
If theentity qualifies as a "political committee" under sub‑subdivisiona., b., c., or d. of this subdivision, it continues to be a political committeeif it receives contributions or makes expenditures or maintains assets orliabilities. A political committee ceases to exist when it winds up itsoperations, disposes of its assets, and files its final report.
Theterm "political committee" includes the campaign of a candidate whoserves as his or her own treasurer.
Specialdefinitions of "political action committee" and "candidatecampaign committee" that apply only in Part 1A of this Article are setforth in G.S. 163‑278.38Z.
(15) The term"political party" means any political party organized or operating inthis State, whether or not that party is recognized under the provisions ofG.S. 163‑96. A special definition of "political partyorganization" that applies only in Part 1A of this Article is set forth inG.S. 163‑278.38Z.
(16) Repealed by SessionLaws 1999‑31, s. 4.
(17) The term"professional association" means any trade association, group,organization, association, or collection of persons or individuals formed forthe purposes of advancing, representing, improving, furthering or preservingthe interests of persons or individuals having a common vocation, profession,calling, occupation, employment, or training.
(18) The term "publicoffice" means any office filled by election by the people on a statewide,county, municipal or district basis, and this Article shall be applicable tosuch elective offices whether the election therefor is partisan or nonpartisan.
(18a) The term"referendum" means any question, issue, or act referred to a vote ofthe people of the entire State by the General Assembly, a unit of local government,or by the people under any applicable local act and includes constitutionalamendments and State bond issues. The term "referendum" includes anytype of municipal, county, or special district referendum and any initiative orreferendum authorized by a municipal charter or local act. A recall electionshall not be considered a referendum within the meaning of this Article.
(18b) The term"referendum committee" means a combination of two or more individualssuch as a committee, association, organization, or other entity or acombination of two or more business entities, corporations, insurancecompanies, labor unions, or professional associations such as a committee,association, organization, or other entity the primary purpose of which is tosupport or oppose the passage of any referendum on the ballot. If the entityqualifies as a "referendum committee" under this subdivision, itcontinues to be a referendum committee if it receives contributions or makesexpenditures or maintains assets or liabilities. A referendum committee ceasesto exist when it winds up its operations, disposes of its assets, and files itsfinal report.
(19) The term"treasurer" means an individual appointed by a candidate, politicalcommittee, or referendum committee as provided in G.S. 163‑278.7 or G.S.163‑278.40A. (1973,c. 1272, s. 1; 1975, c. 798, ss. 5, 6; 1979, c. 500, s. 1; c. 1073, ss. 1‑3,19, 20; 1981, c. 837, s. 1; 1983, c. 331, s. 6; 1985, c. 352, ss. 1‑3;1997‑515, ss. 4(a)‑(c), 7(b)‑(d); 1999‑31, ss. 1(a),(b), 2(a)‑(c), 3, 4(a); 1999‑424, s. 6(a), (b); 2002‑159, s.55(n); 2003‑278, s. 5; 2004‑125, s. 3; 2004‑127, s. 15; 2004‑203,s. 12(b); 2005‑430, s. 10; 2006‑264, s. 23; 2007‑391, s. 3;2008‑150, s. 6(a); 2008‑187, s. 33(a); 2009‑534, ss. 1, 3(a),(b).)
(1) The term"board" means the State Board of Elections with respect to allcandidates for State, legislative, and judicial offices and the county ormunicipal board of elections with respect to all candidates for county andmunicipal offices. The term means the State Board of Elections with respect toall statewide referenda and the county or municipal board of electionsconducting all local referenda.
(2) The term"broadcasting station" means any commercial radio or televisionstation or community antenna radio or television station. Special definitionsof "radio" and "television" that apply only in Part 1A ofthis Article are set forth in G.S. 163‑278.38Z.
(3) The term"business entity" means any partnership, joint venture, joint‑stockcompany, company, firm, or any commercial or industrial establishment orenterprise.
(4) The term"candidate" means any individual who, with respect to a public officelisted in G.S. 163‑278.6(18), has taken positive action for the purposeof bringing about that individual's nomination or election to public office.Examples of positive action include:
a. Filing a notice ofcandidacy or a petition requesting to be a candidate,
b. Being certified as anominee of a political party for a vacancy,
c. Otherwise qualifyingas a candidate in a manner authorized by law,
d. Making a publicannouncement of a definite intent to run for public office in a particularelection, or
e. Receiving funds ormaking payments or giving the consent for anyone else to receive funds ortransfer anything of value for the purpose of bringing about that individual'snomination or election to office. Transferring anything of value includesincurring an obligation to transfer anything of value.
Statusas a candidate for the purpose of this Article continues if the individual isreceiving contributions to repay loans or cover a deficit or is makingexpenditures to satisfy obligations from an election already held. Specialdefinitions of "candidate" and "candidate campaigncommittee" that apply only in Part 1A of this Article are set forth inG.S. 163‑278.38Z.
(5) The term"communications media" or "media" means broadcastingstations, carrier current stations, newspapers, magazines, periodicals, outdooradvertising facilities, billboards, newspaper inserts, and any person orindividual whose business is polling public opinion, analyzing or predictingvoter behavior or voter preferences. Special definitions of "printmedia," "radio," and "television" that apply only inPart 1A of this Article are set forth in G.S. 163‑278.38Z.
(6) The terms"contribute" or "contribution" mean any advance,conveyance, deposit, distribution, transfer of funds, loan, payment, gift,pledge or subscription of money or anything of value whatsoever, to a candidateto support or oppose the nomination or election of one or more clearlyidentified candidates, to a political committee, to a political party, or to areferendum committee, whether or not made in an election year, and any contract,agreement, or other obligation to make a contribution. An expenditure forgivenby a person or entity to whom it is owed shall be reported as a contributionfrom that person or entity. These terms include, without limitation, suchcontributions as labor or personal services, postage, publication of campaignliterature or materials, in‑kind transfers, loans or use of any supplies,office machinery, vehicles, aircraft, office space, or similar or relatedservices, goods, or personal or real property. These terms also include,without limitation, the proceeds of sale of services, campaign literature andmaterials, wearing apparel, tickets or admission prices to campaign events suchas rallies or dinners, and the proceeds of sale of any campaign‑relatedservices or goods. Notwithstanding the foregoing meanings of"contribution," the word shall not be construed to include servicesprovided without compensation by individuals volunteering a portion or all oftheir time on behalf of a candidate, political committee, or referendumcommittee. The term "contribution" does not include an"independent expenditure." If:
a. Any individual,person, committee, association, or any other organization or group ofindividuals, including but not limited to, a political organization (as definedin section 527(e)(1) of the Internal Revenue Code of 1986) makes, or contractsto make, any disbursement for any electioneering communication, as defined inG.S. 163‑278.80(2) and (3) and G.S. 163‑278.90(2) and (3); and
b. That disbursement iscoordinated with a candidate, an authorized political committee of thatcandidate, a State or local political party or committee of that party, or anagent or official of any such candidate, party, or committee
thatdisbursement or contracting shall be treated as a contribution to the candidatesupported by the electioneering communication or that candidate's party and asan expenditure by that candidate or that candidate's party.
(7) The term"corporation" means any corporation established under either domesticor foreign charter, and includes a corporate subsidiary and any business entityin which a corporation participates or is a stockholder, a partner or a jointventurer. The term applies regardless of whether the corporation does businessin the State of North Carolina.
(7a) The term "costsof collection" means monies spent by the State Board of Elections in thecollection of the penalties levied under this Article to the extent the costsdo not constitute more than fifty percent (50%) of the civil penalty. The costsare presumed to be ten percent (10%) of the civil penalty unless otherwisedetermined by the State Board of Elections based on the records of expensesincurred by the State Board of Elections for its collection procedures.
(7b) The term"day" means calendar day.
(7c) The term"election cycle" means the period of time from January 1 after anelection for an office through December 31 after the election for the next termof the same office. Where the term is applied in the context of several officeswith different terms, "election cycle" means the period from January1 of an odd‑numbered year through December 31 of the next even‑numberedyear.
(8) The term"election" means any general or special election, a first or secondprimary, a run‑off election, or an election to fill a vacancy. The term"election" shall not include any local or statewide referendum.
(8a) The term"enforcement costs" means salaries, overhead, and other monies spentby the State Board of Elections in the enforcement of the penalties provisionsof this Article, including the costs of investigators, attorneys, travel costsfor State Board employees and its attorneys, to the extent the costs do notconstitute more than fifty percent (50%) of the sum levied for the enforcementcosts and civil late penalty.
(9) The terms"expend" or "expenditure" mean any purchase, advance,conveyance, deposit, distribution, transfer of funds, loan, payment, gift,pledge or subscription of money or anything of value whatsoever, whether or notmade in an election year, and any contract, agreement, or other obligation tomake an expenditure, to support or oppose the nomination, election, or passageof one or more clearly identified candidates, or ballot measure. An expenditureforgiven by a person or entity to whom it is owed shall be reported as acontribution from that person or entity. Supporting or opposing the election ofclearly identified candidates includes supporting or opposing the candidates ofa clearly identified political party. The term "expenditure" alsoincludes any payment or other transfer made by a candidate, politicalcommittee, or referendum committee.
(9a) The term"independently expend" or "independent expenditure" meansan expenditure to support or oppose the nomination or election of one or moreclearly identified candidates that is made without consultation or coordinationwith a candidate or agent of a candidate whose nomination or election theexpenditure supports or whose opponent's nomination or election the expenditureopposes. Supporting or opposing the election of clearly identified candidatesincludes supporting or opposing the candidates of a clearly identifiedpolitical party. A contribution is not an independent expenditure. As appliedto referenda, the term "independent expenditure" applies ifconsultation or coordination does not take place with a referendum committeethat supports a ballot measure the expenditure supports, or a referendumcommittee that opposes the ballot measure the expenditure opposes.
(10) The term"individual" means a single individual or more than one individual.
(11) The term"insurance company" means any person whose business is making orunderwriting contracts of insurance, and includes mutual insurance companies,stock insurance companies, and fraternal beneficiary associations.
(12) The term "laborunion" means any union, organization, combination or association ofemployees or workmen formed for the purposes of securing by united actionfavorable wages, improved labor conditions, better hours of labor or work‑relatedbenefits, or for handling, processing or righting grievances by employeesagainst their employers, or for representing employees collectively orindividually in dealings with their employers. The term includes any unions towhich Article 10, Chapter 95 applies.
(13) The term"person" means any business entity, corporation, insurance company,labor union, or professional association.
(14) The term"political committee" means a combination of two or more individuals,such as any person, committee, association, organization, or other entity thatmakes, or accepts anything of value to make, contributions or expenditures andhas one or more of the following characteristics:
a. Is controlled by acandidate;
b. Is a political partyor executive committee of a political party or is controlled by a politicalparty or executive committee of a political party;
c. Is created by acorporation, business entity, insurance company, labor union, or professionalassociation pursuant to G.S. 163‑278.19(b); or
d. Has the majorpurpose to support or oppose the nomination or election of one or more clearlyidentified candidates.
Supportingor opposing the election of clearly identified candidates includes supportingor opposing the candidates of a clearly identified political party.
If theentity qualifies as a "political committee" under sub‑subdivisiona., b., c., or d. of this subdivision, it continues to be a political committeeif it receives contributions or makes expenditures or maintains assets orliabilities. A political committee ceases to exist when it winds up itsoperations, disposes of its assets, and files its final report.
Theterm "political committee" includes the campaign of a candidate whoserves as his or her own treasurer.
Specialdefinitions of "political action committee" and "candidatecampaign committee" that apply only in Part 1A of this Article are setforth in G.S. 163‑278.38Z.
(15) The term"political party" means any political party organized or operating inthis State, whether or not that party is recognized under the provisions ofG.S. 163‑96. A special definition of "political partyorganization" that applies only in Part 1A of this Article is set forth inG.S. 163‑278.38Z.
(16) Repealed by SessionLaws 1999‑31, s. 4.
(17) The term"professional association" means any trade association, group,organization, association, or collection of persons or individuals formed forthe purposes of advancing, representing, improving, furthering or preservingthe interests of persons or individuals having a common vocation, profession,calling, occupation, employment, or training.
(18) The term "publicoffice" means any office filled by election by the people on a statewide,county, municipal or district basis, and this Article shall be applicable tosuch elective offices whether the election therefor is partisan or nonpartisan.
(18a) The term"referendum" means any question, issue, or act referred to a vote ofthe people of the entire State by the General Assembly, a unit of local government,or by the people under any applicable local act and includes constitutionalamendments and State bond issues. The term "referendum" includes anytype of municipal, county, or special district referendum and any initiative orreferendum authorized by a municipal charter or local act. A recall electionshall not be considered a referendum within the meaning of this Article.
(18b) The term"referendum committee" means a combination of two or more individualssuch as a committee, association, organization, or other entity or acombination of two or more business entities, corporations, insurancecompanies, labor unions, or professional associations such as a committee,association, organization, or other entity the primary purpose of which is tosupport or oppose the passage of any referendum on the ballot. If the entityqualifies as a "referendum committee" under this subdivision, itcontinues to be a referendum committee if it receives contributions or makesexpenditures or maintains assets or liabilities. A referendum committee ceasesto exist when it winds up its operations, disposes of its assets, and files itsfinal report.
(19) The term"treasurer" means an individual appointed by a candidate, politicalcommittee, or referendum committee as provided in G.S. 163‑278.7 or G.S.163‑278.40A. (1973,c. 1272, s. 1; 1975, c. 798, ss. 5, 6; 1979, c. 500, s. 1; c. 1073, ss. 1‑3,19, 20; 1981, c. 837, s. 1; 1983, c. 331, s. 6; 1985, c. 352, ss. 1‑3;1997‑515, ss. 4(a)‑(c), 7(b)‑(d); 1999‑31, ss. 1(a),(b), 2(a)‑(c), 3, 4(a); 1999‑424, s. 6(a), (b); 2002‑159, s.55(n); 2003‑278, s. 5; 2004‑125, s. 3; 2004‑127, s. 15; 2004‑203,s. 12(b); 2005‑430, s. 10; 2006‑264, s. 23; 2007‑391, s. 3;2008‑150, s. 6(a); 2008‑187, s. 33(a); 2009‑534, ss. 1, 3(a),(b).)
(1) The term"board" means the State Board of Elections with respect to allcandidates for State, legislative, and judicial offices and the county ormunicipal board of elections with respect to all candidates for county andmunicipal offices. The term means the State Board of Elections with respect toall statewide referenda and the county or municipal board of electionsconducting all local referenda.
(2) The term"broadcasting station" means any commercial radio or televisionstation or community antenna radio or television station. Special definitionsof "radio" and "television" that apply only in Part 1A ofthis Article are set forth in G.S. 163‑278.38Z.
(3) The term"business entity" means any partnership, joint venture, joint‑stockcompany, company, firm, or any commercial or industrial establishment orenterprise.
(4) The term"candidate" means any individual who, with respect to a public officelisted in G.S. 163‑278.6(18), has taken positive action for the purposeof bringing about that individual's nomination or election to public office.Examples of positive action include:
a. Filing a notice ofcandidacy or a petition requesting to be a candidate,
b. Being certified as anominee of a political party for a vacancy,
c. Otherwise qualifyingas a candidate in a manner authorized by law,
d. Making a publicannouncement of a definite intent to run for public office in a particularelection, or
e. Receiving funds ormaking payments or giving the consent for anyone else to receive funds ortransfer anything of value for the purpose of bringing about that individual'snomination or election to office. Transferring anything of value includesincurring an obligation to transfer anything of value.
Statusas a candidate for the purpose of this Article continues if the individual isreceiving contributions to repay loans or cover a deficit or is makingexpenditures to satisfy obligations from an election already held. Specialdefinitions of "candidate" and "candidate campaigncommittee" that apply only in Part 1A of this Article are set forth inG.S. 163‑278.38Z.
(5) The term"communications media" or "media" means broadcastingstations, carrier current stations, newspapers, magazines, periodicals, outdooradvertising facilities, billboards, newspaper inserts, and any person orindividual whose business is polling public opinion, analyzing or predictingvoter behavior or voter preferences. Special definitions of "printmedia," "radio," and "television" that apply only inPart 1A of this Article are set forth in G.S. 163‑278.38Z.
(6) The terms"contribute" or "contribution" mean any advance,conveyance, deposit, distribution, transfer of funds, loan, payment, gift,pledge or subscription of money or anything of value whatsoever, to a candidateto support or oppose the nomination or election of one or more clearlyidentified candidates, to a political committee, to a political party, or to areferendum committee, whether or not made in an election year, and any contract,agreement, or other obligation to make a contribution. An expenditure forgivenby a person or entity to whom it is owed shall be reported as a contributionfrom that person or entity. These terms include, without limitation, suchcontributions as labor or personal services, postage, publication of campaignliterature or materials, in‑kind transfers, loans or use of any supplies,office machinery, vehicles, aircraft, office space, or similar or relatedservices, goods, or personal or real property. These terms also include,without limitation, the proceeds of sale of services, campaign literature andmaterials, wearing apparel, tickets or admission prices to campaign events suchas rallies or dinners, and the proceeds of sale of any campaign‑relatedservices or goods. Notwithstanding the foregoing meanings of"contribution," the word shall not be construed to include servicesprovided without compensation by individuals volunteering a portion or all oftheir time on behalf of a candidate, political committee, or referendumcommittee. The term "contribution" does not include an"independent expenditure." If:
a. Any individual,person, committee, association, or any other organization or group ofindividuals, including but not limited to, a political organization (as definedin section 527(e)(1) of the Internal Revenue Code of 1986) makes, or contractsto make, any disbursement for any electioneering communication, as defined inG.S. 163‑278.80(2) and (3) and G.S. 163‑278.90(2) and (3); and
b. That disbursement iscoordinated with a candidate, an authorized political committee of thatcandidate, a State or local political party or committee of that party, or anagent or official of any such candidate, party, or committee
thatdisbursement or contracting shall be treated as a contribution to the candidatesupported by the electioneering communication or that candidate's party and asan expenditure by that candidate or that candidate's party.
(7) The term"corporation" means any corporation established under either domesticor foreign charter, and includes a corporate subsidiary and any business entityin which a corporation participates or is a stockholder, a partner or a jointventurer. The term applies regardless of whether the corporation does businessin the State of North Carolina.
(7a) The term "costsof collection" means monies spent by the State Board of Elections in thecollection of the penalties levied under this Article to the extent the costsdo not constitute more than fifty percent (50%) of the civil penalty. The costsare presumed to be ten percent (10%) of the civil penalty unless otherwisedetermined by the State Board of Elections based on the records of expensesincurred by the State Board of Elections for its collection procedures.
(7b) The term"day" means calendar day.
(7c) The term"election cycle" means the period of time from January 1 after anelection for an office through December 31 after the election for the next termof the same office. Where the term is applied in the context of several officeswith different terms, "election cycle" means the period from January1 of an odd‑numbered year through December 31 of the next even‑numberedyear.
(8) The term"election" means any general or special election, a first or secondprimary, a run‑off election, or an election to fill a vacancy. The term"election" shall not include any local or statewide referendum.
(8a) The term"enforcement costs" means salaries, overhead, and other monies spentby the State Board of Elections in the enforcement of the penalties provisionsof this Article, including the costs of investigators, attorneys, travel costsfor State Board employees and its attorneys, to the extent the costs do notconstitute more than fifty percent (50%) of the sum levied for the enforcementcosts and civil late penalty.
(9) The terms"expend" or "expenditure" mean any purchase, advance,conveyance, deposit, distribution, transfer of funds, loan, payment, gift,pledge or subscription of money or anything of value whatsoever, whether or notmade in an election year, and any contract, agreement, or other obligation tomake an expenditure, to support or oppose the nomination, election, or passageof one or more clearly identified candidates, or ballot measure. An expenditureforgiven by a person or entity to whom it is owed shall be reported as acontribution from that person or entity. Supporting or opposing the election ofclearly identified candidates includes supporting or opposing the candidates ofa clearly identified political party. The term "expenditure" alsoincludes any payment or other transfer made by a candidate, politicalcommittee, or referendum committee.
(9a) The term"independently expend" or "independent expenditure" meansan expenditure to support or oppose the nomination or election of one or moreclearly identified candidates that is made without consultation or coordinationwith a candidate or agent of a candidate whose nomination or election theexpenditure supports or whose opponent's nomination or election the expenditureopposes. Supporting or opposing the election of clearly identified candidatesincludes supporting or opposing the candidates of a clearly identifiedpolitical party. A contribution is not an independent expenditure. As appliedto referenda, the term "independent expenditure" applies ifconsultation or coordination does not take place with a referendum committeethat supports a ballot measure the expenditure supports, or a referendumcommittee that opposes the ballot measure the expenditure opposes.
(10) The term"individual" means a single individual or more than one individual.
(11) The term"insurance company" means any person whose business is making orunderwriting contracts of insurance, and includes mutual insurance companies,stock insurance companies, and fraternal beneficiary associations.
(12) The term "laborunion" means any union, organization, combination or association ofemployees or workmen formed for the purposes of securing by united actionfavorable wages, improved labor conditions, better hours of labor or work‑relatedbenefits, or for handling, processing or righting grievances by employeesagainst their employers, or for representing employees collectively orindividually in dealings with their employers. The term includes any unions towhich Article 10, Chapter 95 applies.
(13) The term"person" means any business entity, corporation, insurance company,labor union, or professional association.
(14) The term"political committee" means a combination of two or more individuals,such as any person, committee, association, organization, or other entity thatmakes, or accepts anything of value to make, contributions or expenditures andhas one or more of the following characteristics:
a. Is controlled by acandidate;
b. Is a political partyor executive committee of a political party or is controlled by a politicalparty or executive committee of a political party;
c. Is created by acorporation, business entity, insurance company, labor union, or professionalassociation pursuant to G.S. 163‑278.19(b); or
d. Has the majorpurpose to support or oppose the nomination or election of one or more clearlyidentified candidates.
Supportingor opposing the election of clearly identified candidates includes supportingor opposing the candidates of a clearly identified political party.
If theentity qualifies as a "political committee" under sub‑subdivisiona., b., c., or d. of this subdivision, it continues to be a political committeeif it receives contributions or makes expenditures or maintains assets orliabilities. A political committee ceases to exist when it winds up itsoperations, disposes of its assets, and files its final report.
Theterm "political committee" includes the campaign of a candidate whoserves as his or her own treasurer.
Specialdefinitions of "political action committee" and "candidatecampaign committee" that apply only in Part 1A of this Article are setforth in G.S. 163‑278.38Z.
(15) The term"political party" means any political party organized or operating inthis State, whether or not that party is recognized under the provisions ofG.S. 163‑96. A special definition of "political partyorganization" that applies only in Part 1A of this Article is set forth inG.S. 163‑278.38Z.
(16) Repealed by SessionLaws 1999‑31, s. 4.
(17) The term"professional association" means any trade association, group,organization, association, or collection of persons or individuals formed forthe purposes of advancing, representing, improving, furthering or preservingthe interests of persons or individuals having a common vocation, profession,calling, occupation, employment, or training.
(18) The term "publicoffice" means any office filled by election by the people on a statewide,county, municipal or district basis, and this Article shall be applicable tosuch elective offices whether the election therefor is partisan or nonpartisan.
(18a) The term"referendum" means any question, issue, or act referred to a vote ofthe people of the entire State by the General Assembly, a unit of local government,or by the people under any applicable local act and includes constitutionalamendments and State bond issues. The term "referendum" includes anytype of municipal, county, or special district referendum and any initiative orreferendum authorized by a municipal charter or local act. A recall electionshall not be considered a referendum within the meaning of this Article.
(18b) The term"referendum committee" means a combination of two or more individualssuch as a committee, association, organization, or other entity or acombination of two or more business entities, corporations, insurancecompanies, labor unions, or professional associations such as a committee,association, organization, or other entity the primary purpose of which is tosupport or oppose the passage of any referendum on the ballot. If the entityqualifies as a "referendum committee" under this subdivision, itcontinues to be a referendum committee if it receives contributions or makesexpenditures or maintains assets or liabilities. A referendum committee ceasesto exist when it winds up its operations, disposes of its assets, and files itsfinal report.
(19) The term"treasurer" means an individual appointed by a candidate, politicalcommittee, or referendum committee as provided in G.S. 163‑278.7 or G.S.163‑278.40A. (1973,c. 1272, s. 1; 1975, c. 798, ss. 5, 6; 1979, c. 500, s. 1; c. 1073, ss. 1‑3,19, 20; 1981, c. 837, s. 1; 1983, c. 331, s. 6; 1985, c. 352, ss. 1‑3;1997‑515, ss. 4(a)‑(c), 7(b)‑(d); 1999‑31, ss. 1(a),(b), 2(a)‑(c), 3, 4(a); 1999‑424, s. 6(a), (b); 2002‑159, s.55(n); 2003‑278, s. 5; 2004‑125, s. 3; 2004‑127, s. 15; 2004‑203,s. 12(b); 2005‑430, s. 10; 2006‑264, s. 23; 2007‑391, s. 3;2008‑150, s. 6(a); 2008‑187, s. 33(a); 2009‑534, ss. 1, 3(a),(b).)
