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NORTH CAROLINA STATUTES AND CODES

§ 163-278.82. Prohibition of corporate and labor disbursements for electioneering communications.

§ 163‑278.82. Prohibition of corporate and labor disbursements for electioneeringcommunications.

(a)        Prohibition. – Noprohibited source may make any disbursement for the costs of producing orairing any electioneering communication. No individual, committee, association,or any other organization or group of individuals, including but not limitedto, a political organization (as defined in section 527(e)(1) of the InternalRevenue Code of 1986), which has received any funds or anything of valuewhatsoever from a prohibited source may make any disbursement for the costs ofproducing or airing any electioneering communication, unless that individual,committee, association, or other organization or group of individuals maintainsa segregated bank account that consists of funds provided solely by entitiesother than prohibited sources. For purposes of this section, the term"funds or anything of value whatsoever" shall not include monies paidto an individual, committee, association, or other organization or group ofindividuals for services rendered or other payment of debt owed. It shall beunlawful for any person or entity to create, establish, or organize more thanone political organization (as defined in section 527(c)(1) of the InternalRevenue Code) with the intent to avoid or evade the prohibitions ondisbursements for electioneering communications from prohibited sources or thereporting requirements contained in this Article.

(b)        Direct or IndirectDisbursement. – An electioneering communication shall be treated as made by aprohibited source if the prohibited source directly or indirectly disburses anyamount for any of the costs of the communication.

(c)        Segregated Fund. – Anydisbursement for an electioneering communication made from an account must bemade from a segregated account into which no funds from a prohibited sourcehave been directly or indirectly introduced.

(d)        Limitation onProhibition. – The prohibition in this section shall not apply unless theelectioneering communication at issue is susceptible of no reasonableinterpretation other than as an appeal to vote for or against a specificcandidate.  (2004‑125,s. 1; 2005‑430, s. 9(b); 2006‑182, s. 3(a); 2008‑150, s.10.3(a).)

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