§ 163-278.13B. Limitation on fund-raising during legislative session. - North Carolina Statutes

§ 163‑278.13B. Limitation on fund‑raising during legislative session.

(a)        Definitions. – Forpurposes of this section:

(1)        "Limitedcontributor" means a lobbyist registered under Chapter 120C of the GeneralStatutes, that lobbyist's agent, that lobbyist's principal as defined in G.S.120C‑100(11) or a political committee that employs or contracts with orwhose parent entity employs or contracts with a lobbyist registered underChapter 120C of the General Statutes.

(2)        "Limitedcontributee" means a member of or candidate for the Council of State, amember of or candidate for the General Assembly.

(3)        The General Assemblyis in "regular session" from the date set by law or resolution thatthe General Assembly convenes until the General Assembly either adjourns sinedie or recesses or adjourns for more than 10 days.

(4)        A contribution is"made" during regular session if the check or other instrument isdated during the session, or if the check or other instrument is delivered tothe limited contributee during session, or if the limited contributor pledgesduring the session to deliver the check or other instrument at a later time.

(5)        A contribution is"accepted" during regular session if the check or other instrument isdated during the session, or if the limited contributee receives the check orother instrument during session and does not return it within 10 days, oragrees during session to receive the check or other instrument at a later time.

(b)        ProhibitedSolicitations. – While the General Assembly is in regular session, no limitedcontributee or the real or purported agent of a limited contributee shall:

(1)        Solicit acontribution from a limited contributor to be made to that limited contributeeor to be made to any other candidate, officeholder, or political committee; or

(2)        Solicit a thirdparty, requesting or directing that the third party directly or indirectlysolicit a contribution from a limited contributor or relay to the limitedcontributor the limited contributee's solicitation of a contribution.

It shall not be deemed aviolation of this section for a limited contributee to serve on a board orcommittee of an organization that makes a solicitation of a limited contributoras long as that limited contributee does not directly participate in the solicitationand that limited contributee does not directly benefit from the solicitation.

(c)        ProhibitedContributions. – While the General Assembly is in regular session:

(1)        No limitedcontributor shall make or offer to make a contribution to a limited contributee.

(2)        No limitedcontributor shall make a contribution to any candidate, officeholder, orpolitical committee, directing or requesting that the contribution be made inturn to a limited contributee.

(3)        No limitedcontributor shall transfer any amount of money or anything of value to anyentity, directing or requesting that the entity use what was transferred tocontribute to a limited contributee.

(4)        No limitedcontributee or the real or purported agent of a limited contributee prohibitedfrom solicitation by subsection (b) of this section shall accept a contributionfrom a limited contributor.

(5)        No limitedcontributor shall solicit a contribution from any individual or politicalcommittee on behalf of a limited contributee. This subdivision does not applyto a limited contributor soliciting a contribution on behalf of a politicalparty executive committee if the solicitation is solely for a separatesegregated fund kept by the political party limited to use for activities thatare not candidate‑specific, including generic voter registration and get‑out‑the‑voteefforts, pollings, mailings, and other general activities and advertising thatdo not refer to a specific individual candidate.

(d)        Exception. – Theprovisions of this section do not apply with regard to a limited contributeeduring the three weeks prior to the day of a second primary if that limitedcontributee is a candidate who will be on the ballot in that second primary.

(e)        Prosecution. – Aviolation of this section is a Class 2 misdemeanor. (1997‑515, s. 9(b);1999‑31, s. 5(d); 1999‑453, s. 6(a); 2000‑136, s. 1; 2006‑201,s. 21.)