§ 163-278.98. Requirements for participation. - North Carolina Statutes

§ 163‑278.98. Requirements for participation.

(a)        Declaration ofIntent to Participate. – Any individual choosing to receive campaign funds fromthe Fund shall first file with the Board a declaration of intent to participatein the program established by this Article as a candidate for a stated office.The declaration of intent shall be filed before or during the qualifying periodand before collecting any qualifying contributions. In the declaration, thecandidate shall swear or affirm that only one political committee, identifiedwith its treasurer, shall handle all contributions, campaign‑relatedexpenditures, and obligations for the participating candidate and that thecandidate will comply with the contribution and expenditure limits set forth insubsection (e) of this section and all other requirements set forth in thisArticle or adopted by the Board. Failure to comply is a violation of thisArticle.

(b)        Demonstration ofSupport of Candidacy. – In order to be certified, participating candidates mustobtain qualifying contributions from at least 750 registered voters in thisState. The qualifying contributions shall be equal to at least 25 times theamount of the filing fee for the office. No payment, gift, or anything of valueshall be given in exchange for a qualifying contribution.

(c)        Certification ofCandidates. – Upon receipt of a submittal of the record of qualifyingcontributions by a participating candidate, the Board shall determine whetheror not the candidate has:

(1)        Filed a completeddeclaration of intent to participate in this Article.

(2)        Submitted a reportitemizing the appropriate number of qualifying contributions received fromregistered voters, which the Board shall verify through a random sample orother means it adopts. The report shall include the county of residence of eachregistered voter listed.

(3)        Filed a notice ofcandidacy with the State Board of Elections as a candidate for the office.

(4)        Otherwise met therequirements for participation in this Article.

The Board shall certifycandidates complying with the requirements of this section as soon as possibleand no later than five business days after receipt of a satisfactory record ofqualifying contributions.

(d)        Final Report forQualifying Contributions. – No later than five business days after the end ofthe qualifying period, all participating candidates shall submit a report tothe Board of all previously unreported qualifying contributions, in accordancewith procedures developed by the Board. Within seven business days aftersubmittal of the final report, the Board shall determine, through a randomaudit or other means it adopts, whether the contributions abide by thedefinition of qualifying contributions, whether they must be returned to thedonor, and whether they exceed the maximum amount of qualifying contributions.

(e)        Restrictions onContributions and Expenditures for Participating and Certified Candidates. – Thefollowing restrictions shall apply to contributions and expenditures withrespect to participating and certified candidates:

(1)        Beginning August 1of the year before the election and before filing a declaration of intent, acandidate shall limit campaign‑related expenditures to twenty thousanddollars ($20,000) and shall not accept more than twenty thousand dollars($20,000) from sources and in amounts permitted by Article 22A of this Chapter.A candidate who exceeds either of these limits shall be ineligible to file adeclaration of intent or receive funds from the Fund. However, the acceptanceof contributions in excess of that twenty thousand dollar ($20,000) limit doesnot render the candidate ineligible if the candidate pays to the Board anamount equal to the contributions accepted by the candidate in excess of thatlimit. The Board shall deposit all such payments into the Fund.

(2)        From the filing of adeclaration of intent through the end of the qualifying period, a candidate mayaccept only qualifying contributions, contributions under ten dollars ($10.00)from North Carolina voters, in‑kind party contributions as permitted insubdivision (4) of this subsection, and personal and family contributionspermitted under subdivision (4a) of this subsection. The total contributionsthe candidate may accept during this period shall not exceed the maximum qualifyingcontributions for that candidate. In addition to these contributions, thecandidate may only expend during this period the remaining money raisedpursuant to subdivision (1) of this subsection and possible matching fundsreceived pursuant to G.S. 163‑278.99B. If the candidate has any remainingmoney that was raised as contributions before August 1 of the year before theelection, the candidate may not expend that money after filing the declarationof intent, except for purposes permitted under subdivision (2), (3), (6), (7),or (8) of G.S. 163‑278.16B(a).

(3)        After the qualifyingperiod and through the date of the general election, the candidate shall ceasecampaign‑related fund‑raising activities and shall expend only thefunds the candidate receives from the Fund pursuant to G.S. 163‑278.99(b)plus any funds remaining from the qualifying period and possible matchingfunds.

(4)        In addition to theamounts above, a candidate may accept in‑kind contributions frompolitical party executive committees, up to an aggregate value of thirtythousand dollars ($30,000) for the election cycle.

(4a)      During the qualifyingperiod, the candidate may contribute up to one thousand dollars ($1,000) ofthat candidate's own money to the campaign. Debt incurred by the candidate fora campaign expenditure shall count toward that limit. The candidate may acceptin contributions one thousand dollars ($1,000) from each member of thatcandidate's family consisting of spouse, parent, child, brother, and sister.

(5)        A candidate and thecandidate's committee shall limit the use of all revenues permitted by thissubsection to expenditures for campaign‑related purposes only. The Boardshall publish guidelines outlining permissible campaign‑relatedexpenditures.

(6)        Except as providedin subdivision (1) of this subsection, any contribution received by aparticipating or certified candidate that falls outside that permitted by thissubsection shall be returned to the donor as soon as practicable. Contributionsintentionally made, solicited, or accepted in violation of this Article aresubject to civil penalties as specified in G.S. 163‑278.99D. The fundsinvolved shall be forfeited to the Civil Penalty and Forfeiture Fund.

(7)        A candidate shallreturn to the Fund any amount distributed for an election that is unspent anduncommitted at the date of the election or at the time the individual ceases tobe a certified candidate, whichever occurs first. For accounting purposes, allqualifying, personal, and family contributions shall be considered spent beforerevenue from the Fund is spent or committed.

(f)         Revocation. – Acandidate may revoke, in writing to the Board, a decision to participate in theFund at any time. After a revocation, that candidate may accept and expendoutside the limits of this Article without violating this Article. Within 10days after revocation, a candidate shall return to the Board all money receivedfrom the Fund. (2007‑484,s. 43.8(c); 2007‑540, s. 1.)