Bill Text: NC H1230 | 2011-2012 | Regular Session | Amended
Bill Title: Reporting of EC and IE
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2012-06-27 - Ref To Com On Elections [H1230 Detail]
Download: North_Carolina-2011-H1230-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 1230
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Short Title: Reporting of EC and IE. |
(Public) |
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Sponsors: |
Representatives Martin, Lewis, and Ross (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Elections. |
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June 27, 2012
A BILL TO BE ENTITLED
AN ACT to alter the reporting schedule for independent expenditures and electioneering communications to provide information in a timely fashion.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163‑278.12 reads as rewritten:
"§ 163‑278.12. Special reporting of contributions and independent expenditures.
(a) Subject to G.S. 163‑278.39 and G.S. 163‑278.14, individuals and other entities not otherwise prohibited from doing so may make independent expenditures. In the event an individual, person, or other entity making independent expenditures but not otherwise required to report them makes independent expenditures in excess of one hundred dollars ($100.00), that individual, person, or entity shall file a statement of such independent expenditure with the appropriate board of elections in the manner prescribed by the State Board of Elections.
(b) Any Subject to subsections (d) and (e)
of this section, any person or entity other than an individual that is
permitted to make contributions but is not otherwise required to report them
shall report each contribution in excess of one hundred dollars ($100.00) with
the appropriate board of elections in the manner prescribed by the State Board
of Elections.
(c) In assuring compliance with subsections (a) and (b) of this section, the State Board of Elections shall require the identification of each person or entity making a donation of more than one hundred dollars ($100.00) to the entity filing the report if the donation was made to further the reported independent expenditure or contribution. If the donor is an individual, the statement shall also contain the principal occupation of the donor. The "principal occupation of the donor" shall mean the same as the "principal occupation of the contributor" in G.S. 163‑278.11.
(d) Contributions or independent expenditures required
to be reported under this section shall be reported within 30 days10
days after they exceed one hundred dollars ($100.00) or 10 days before
an election the contributions or independent expenditures affect, whichever
occurs earlier.dollars ($100.00).
(e) The State Board of Elections shall require
subsequent reporting of independent expenditures according to the same schedule
required of political committees under G.S. 163‑278.9(a). AnIn
addition to reports under subsection (d) of this section, if an individual
or person that makes incurs a cost of five thousand dollars ($5,000)
or more for making an independent expenditure on or after the day the no‑excuse
absentee ballot period begins under G.S. 163‑227.2 but before an
election, that individual or person shall disclose by report to the State
Board of Elections within 48 hours of incurring an expense of five thousand
dollars ($5,000) or more or receiving a donation of one thousand dollars
($1,000) or more for making an independent expenditure before an election but
after the period covered by the last report due before that election.the
cost. An individual or person that receives a donation of five thousand dollars
($5,000) or more on or after the day the no‑excuse absentee ballot period
begins under G.S. 163‑227.2 but before an election for making an
independent expenditure shall also disclose by report to the State Board of
Elections within 48 hours of receiving the donation.
(f) For the purposes of subsection (c) of this section, a donation to the person or entity making the independent expenditure is deemed to have been donated to further the independent expenditure if any of subdivisions (1) through (4) of this subsection apply. For purposes of this subsection, the "filer" is the person or entity making the independent expenditure and responsible for filing the report, or an agent of that person or entity. For purposes of this subsection, the "donor" is the person or entity donating to the filer the funds or other thing of value, or an agent of that person or entity.
(1) The donor designates, requests, or suggests that the donation be used for an independent expenditure or for multiple independent expenditures, and the filer agrees to use the donation for an independent expenditure.
(2) The filer expressly solicited the donor for a donation for making or paying for an independent expenditure.
(3) The donor and the filer engaged in substantial written or oral discussion regarding the donor's making, donating, or paying for an independent expenditure.
(4) The donor or the filer knew or had reason to know of the filer's intent to make independent expenditures with the donation.
A donation shall not be deemed to be made to further an independent expenditure if the donation was a commercial transaction occurring in the ordinary course of business between the donor and the filer unless there is affirmative evidence that the amounts were donated to further an independent expenditure. In determining the amount of a donation that was made to further any particular independent expenditure, there shall be excluded any amount that was designated by the donor with respect to a different election than the election that is the subject of the independent expenditure covered by the report.
Subdivisions (1) through (4) of this subsection shall also apply to reports made under subsection (c) of this section concerning contributions. However, nothing in this section shall be interpreted to limit the effect of the prohibition on making contributions in the name of another in G.S. 163‑278.14.
(g) All reports required by this section shall be filed according to rules adopted by the State Board of Elections. If the expense incurred is greater than five thousand dollars ($5,000), the report shall be filed electronically. The State Board of Elections shall provide the software necessary to file the electronic report to any individual or person required to file an electronic report at no cost to that individual or person."
SECTION 2. G.S. 163‑278.12C reads as rewritten:
"§ 163‑278.12C. Special reporting of electioneering communications.
(a) Every individual or person that incurs an expense for the direct costs of producing or airing electioneering communications aggregating in excess of five thousand dollars ($5,000) shall file the following reports with the appropriate board of elections in the manner prescribed by the State Board of Elections:
(1) The identification of the individual or person incurring the expense, of any individual or person sharing or exercising direction or control over the activities of that individual or person, and of the custodian of the books and accounts of the individual or person incurring the expense.
(2) The principal place of business of the person incurring the expense, if not an individual.
(3) The amount of each expense incurred during the period covered by the statement and the identification of the individual or person to whom the expense was incurred.
(4) The elections to which the electioneering communications pertain, if any, and the names, if known, of the candidates identified or to be identified.
(5) The names and addresses of all entities that donated, to further an electioneering communication or electioneering communications, funds or anything of value whatsoever in an aggregate amount of more than one thousand dollars ($1,000) during the reporting period. If the donor is an individual, the statement shall also contain the principal occupation of the donor. The "principal occupation of the donor" shall mean the same as the "principal occupation of the contributor" in G.S. 163‑278.11.
(b) The initial report shall be filed with the
State Board no later than the 10th day following the day the individual or
person incurs an expense for the direct costs of producing or airing an
electioneering communication. The State Board shall require subsequent
reporting according to the same schedule required of political committees under
G.S. 163‑278.9(a). An In addition to the reports required
under subsection (f) of this section, an individual or person that produces
or airs an electioneering communication shall disclose by report to the State
Board within 48 hours of incurring an expense of five thousand dollars ($5,000)
or more or receiving a donation of one thousand dollars ($1,000) or more for
making an electioneering communication on or after the day no‑excuse
absentee ballot period begins under G.S. 163‑227.2 but before an
election but after the period covered by the last report due before that election.
An individual or person that receives a donation of five thousand dollars
($5,000) or more on or after the day the no‑excuse absentee ballot period
begins under G.S. 163‑227.2 but before an election for making an electioneering
communication shall also disclose by report to the State Board of Elections
within 48 hours of receiving the donation.
(c) For the purposes of subdivision (a)(5) of this section, a donation to the person or entity making the electioneering communication is deemed to have been donated to further the electioneering communication if any of subdivisions (1) through (4) of this subsection apply. For purposes of this subsection, the "filer" is the person or entity making the electioneering communication and responsible for filing the report, or an agent of that person or entity. For purposes of this subsection, the "donor" is the person or entity donating to the filer the funds or other thing of value, or an agent of that person or entity.
(1) The donor designates, requests, or suggests that the donation be used for an electioneering communication or electioneering communications, and the filer agrees to use the donation for that purpose.
(2) The filer expressly solicited the donor for a donation for making or paying for an electioneering communication.
(3) The donor and the filer engaged in substantial written or oral discussion regarding the donor's making, donating, or paying for an electioneering communication.
(4) The donor or the filer knew or had reason to know of the filer's intent to make electioneering communication with the donation.
A donation shall not be deemed to be made to further an electioneering communication if the donation was a commercial transaction occurring in the ordinary course of business between the donor and the filer unless there is affirmative evidence that the amounts were donated to further an electioneering communication. In determining the amount of a donation that was made to further any particular electioneering communication, there shall be excluded any amount that was designated by the donor with respect to a different election than the election that is the subject of the electioneering communication covered by the report.
(d) All reports required by this section shall be filed according to rules adopted by the State Board. If the expense incurred is greater than five thousand dollars ($5,000), the report shall be filed electronically. The State Board shall provide the software necessary to file the electronic report to any individual or person required to file an electronic report at no cost to that individual or person.
(e) Subject to subsection (f) of this section, any person or entity other than an individual that is permitted to make contributions but is not otherwise required to report them shall report each contribution in excess of one hundred dollars ($100.00) with the appropriate board of elections in the manner prescribed by the State Board of Elections.
(f) Contributions or electioneering communications required to be reported under this section shall be reported within 10 days after they exceed one hundred dollars ($100.00)."
SECTION 3. This act becomes effective October 1, 2012, and applies to contributions and expenditures made on or after that date.
