Bill Text: NC H918 | 2013-2014 | Regular Session | Amended
Bill Title: Electioneering and IE Reporting Changes
Spectrum: Moderate Partisan Bill (Democrat 13-2)
Status: (Engrossed - Dead) 2013-05-16 - Ref To Com On Rules and Operations of the Senate [H918 Detail]
Download: North_Carolina-2013-H918-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 3
HOUSE BILL 918
Committee
Substitute Favorable 5/8/13
Third Edition Engrossed 5/15/13
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Short Title: Electioneering and IE Reporting Changes. |
(Public) |
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Sponsors: |
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Referred to: |
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April 15, 2013
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 incurs
expenses in excess of one thousand dollars ($1,000) for making independent
expenditures but is not otherwise required to report them makes
independent expenditures in excess of one hundred dollars ($100.00),them,
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.Elections containing all of the
following:
(1) The identification of the individual, person, or other entity incurring the expense, of any other entity sharing or exercising direction or control over the activities of that entity, and of the custodian of the books and accounts of the individual, person, or other entity incurring the expense.
(2) The principal place of business of the person or entity incurring the expense, if not an individual.
(3) The amount and date of each expense incurred during the period covered by the report and the identification of the individual, person, or other entity to whom the expense was incurred.
(4) The elections to which the independent expenditures pertain and the names of the candidates supported or opposed by the independent expenditures, or if a referendum, whether the referendum is supported or opposed.
(5) The names and addresses of all entities that donated, to further an independent expenditure or independent expenditures, funds or anything of value whatsoever in an aggregate amount of more than one hundred dollars ($100.00) during the reporting period and the date and amount of the donation received. If the donor is an individual, the report 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) 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 orThe initial report of
independent expenditures required to be reported under this section shall be
reported at the earliest of the following dates:
(1) within 30Within 10 days after
theyof incurring expenses that exceed one hundred dollars
($100.00)one thousand dollars ($1,000) to further independent
expenditures.
(2) Within 48 hours of incurring expenses
that exceed one thousand dollars ($1,000) to further or 10 days before
an election the contributions or independent expenditures affect,
whichever occurs earlier.expenditures.
(d1) An additional report shall be filed within 48 hours of the individual, person, or other entity incurring expenses or receiving donations to further independent expenditures that aggregate to more than five thousand dollars ($5,000) during a period not covered by a previous report. A final report of donations and expenditures required to be reported but not included in a previous report shall be filed by 30 days after the election the independent expenditures affect.
(d2) Notwithstanding the requirements of subsections (d) and (d1) of this section, an individual, person, or other entity required to report under this section to a county board of elections shall file an additional report within 48 hours of incurring expenses to further independent expenditures that aggregate to more than one thousand dollars ($1,000) during a period not covered by a previous report in the 30 days before the election.
(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).
An individual or person that makes an independent expenditure 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.
(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 reportable donations or expenses aggregate to more 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.
(h) For any independent expenditures pertaining to a municipal election or municipal candidate, the amount in subsection (a) and subdivision (d)(1) of this section shall be three hundred dollars ($300.00), and not one thousand dollars ($1,000)."
SECTION 2. Article 22A of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑278.12B. Special reporting independent expenditures made by registered political committees and reporting of contributions by persons or entities otherwise not required to report.
(a) Special Reporting of Independent Expenditures Made by Registered Political Committees. – Any political committee that is required to file disclosure reports pursuant to G.S. 163‑278.9 or Part 2 of this Article which incurs expenses to make independent expenditures in excess of one thousand dollars ($1,000) shall also file informational reports with the appropriate board of elections on the same schedule and in the same manner as set forth in G.S. 163‑278.12 when such a report is not required by G.S. 163‑278.9 or Part 2 of this Article. However, only contributions given to the political committee to further an independent expenditure must be included in the informational report. 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. The political committee shall file the required informational reports electronically with the appropriate board of elections if the expenses incurred or contributions received to further independent expenditures aggregate to more than five thousand dollars ($5,000).
(b) Reporting of Contributions by Persons or Entities Otherwise Not Required to Report. – 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 three hundred dollars ($300.00) with the appropriate board of elections in the manner prescribed by the State Board of Elections. Additionally, the person or entity that is required to report contributions shall also report any donation it receives to further that contribution if the donation was in excess of three hundred dollars ($300.00). Contributions required to be reported under this subsection shall be reported within 10 days of occurring or within 48 hours if they occur during the 30 days before an election the contributions affect."
SECTION 3. G.S. 163‑278.12C reads as rewritten:
"§ 163‑278.12C. Special reporting of electioneering communications.
(a) Every individual or person individual,
person, or other entity that incurs an expense expenses or
receives donations in excess of five thousand dollars ($5,000) for the
direct costs of producing or airing electioneering communications aggregating
in excess of five thousand dollars ($5,000) shall file the following
reports a report with the appropriate board of elections in the
manner prescribed by the State Board of Elections:Elections
containing all of the following:
(1) The identification of the individual or person individual,
person, or entity incurring the expense, of any individual or person individual,
person, or entity sharing or exercising direction or control over the
activities of that individual or person individual, person, or
entity, and of the custodian of the books and accounts of the individual
or person individual, person, or entity incurring the expense.
(2) The principal place of business of the person or entity incurring the expense, if not an individual.
(3) The amount and date of each expense incurred
during the period covered by the statement report and the
identification of the individual or person individual, person, or
entity 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.period
and the date and amount of the donation received. If the donor is an
individual, the statement report 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 required by this section 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. appropriate board of elections
within 48 hours of expenditure or receipt of the amount in subsection (a) of
this section. The State Board shall require subsequent reporting
according to the same schedule required of political committees under G.S. 163‑278.9(a).
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 before an election but after the period covered by the last
report due before that election.An additional report shall be filed
within 48 hours of the entity incurring expenses or receiving donations to
further electioneering communications that aggregate to more than five thousand
dollars ($5,000) during a period not covered by a previous report. A final
report of expenses and donations required to be reported but not included in a
previous report shall be filed by 30 days after the election the electioneering
communications affect.
(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."
SECTION 4. This act becomes effective September 1, 2013, and applies to donations, contributions, and expenditures made on or after that date.
