§ 163-278.92. Prohibition of corporate and labor disbursements for electioneering communications. - North Carolina Statutes

§ 163‑278.92. Prohibition of corporate and labor disbursements for electioneeringcommunications.

(a)        Prohibition. – Noprohibited source may make any disbursement for the costs of producing ortransmitting any electioneering communication. No individual, committee,association, or any other organization or group of individuals, including butnot limited to, a political organization (as defined in section 527(e)(1) ofthe Internal Revenue Code of 1986), which has received any funds or anything ofvalue whatsoever from a prohibited source may make any disbursement for thecosts of producing or transmitting any electioneering communication, unlessthat individual, committee, association, or other organization or group ofindividuals maintains a segregated bank account that consists of funds providedsolely by entities other than prohibited sources. For purposes of this section,the term "funds or anything of value whatsoever" shall not includemonies paid to an individual, committee, association, or other organization orgroup of individuals for services rendered or other payment of debt owed. Itshall be unlawful for any person or entity to create, establish, or organizemore than one political organization (as defined in section 527(c)(1) of theInternal Revenue 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. 2; 2005‑430, s. 9(d); 2006‑182, s. 3(b); 2008‑150, s.10.3(b).)