§ 163-278.39. Basic disclosure requirements for all political campaign advertisements. - North Carolina Statutes

§ 163‑278.39.  Basicdisclosure requirements for all political campaign advertisements.

(a)        Basic Requirements.– It shall be unlawful for any sponsor to sponsor an advertisement in the printmedia or on radio or television that constitutes an expenditure or contributionrequired to be disclosed under this Article unless all the following conditionsare met:

(1)        It bears the legendor includes the statement: "Paid for by ______ [Name of candidate,candidate campaign committee, political party organization, political actioncommittee, referendum committee, individual, or other sponsor]." Intelevision advertisements, this disclosure shall be made by visual legend.

(2)        The name used in thelabeling required in subdivision (1) of this subsection is the name thatappears on the statement of organization as required in G.S. 163‑278.7(b)(1).

(3)        Repealed by SessionLaws 2001‑353, s. 5, effective August 10, 2001.

(4)        The sponsor statesin the advertisement its position for or against a ballot measure, providedthat this subdivision applies only if the advertisement is made for or againsta ballot measure.

(5)        In a print mediaadvertisement supporting or opposing the nomination or election of one or moreclearly identified candidates, the sponsor states whether it is authorized by acandidate. The visual legend in the advertisement shall state either"Authorized by [name of candidate], candidate for [name of office]"or "Not authorized by a candidate." This subdivision does not applyif the sponsor of the advertisement is the candidate the advertisement supportsor that candidate's campaign committee.

(6)        In a print mediaadvertisement that identifies a candidate the sponsor is opposing, the sponsordiscloses in the advertisement the name of the candidate who is intended tobenefit from the advertisement. This subdivision applies only when the sponsorcoordinates or consults about the advertisement or the expenditure for it withthe candidate who is intended to benefit.

If an advertisement describedin this section is jointly sponsored, the disclosure statement shall name allthe sponsors.

(b)        Size Requirements.– In a print media advertisement covered by subsection (a) of this section, theheight of all disclosure statements required by that subsection shallconstitute at least five percent (5%) of the height of the printed space of theadvertisement, provided that the type shall in no event be less than 12 pointsin size. In an advertisement in a newspaper or a newspaper insert, the totalheight of the disclosure statement need not constitute five percent of theprinted space of the advertisement if the type of the disclosure statement isat least 28 points in size. If a single advertisement consists of multiplepages, folds, or faces, the disclosure requirement of this section applies onlyto one page, fold, or face. In a television advertisement covered by subsection(a) of this section, the visual disclosure legend shall constitute 32 scanlines in size. In a radio advertisement covered by subsection (a) of this section,the disclosure statement shall last at least two seconds, provided thestatement is spoken so that its contents may be easily understood.

(c)        Misrepresentationof Authorization. – Notwithstanding G.S. 163‑278.27(a), any candidate,candidate campaign committee, political party organization, political actioncommittee, referendum committee, individual, or other sponsor making anadvertisement in the print media or on radio or television bearing any legendrequired by subsection (a) of this section that misrepresents the sponsorshipor authorization of the advertisement is guilty of a Class 1 misdemeanor. (1999‑453, s. 2(a);2001‑317, s. 1; 2001‑353, s. 5.)