§ 163-278.99B. Matching funds. - North Carolina Statutes

§ 163‑278.99B.  Matchingfunds.

(a)        When Matching FundsBecome Available. – When any report or group of reports shows that "fundsin opposition to a certified candidate or in support of an opponent to thatcandidate" as described in this section exceed the trigger for matchingfunds as defined in G.S. 163‑278.96(17), the Board shall issueimmediately to that certified candidate an additional amount equal to thereported excess within the limits set forth in this section. "Funds inopposition to a certified candidate or in support of an opponent to thatcandidate" shall be equal to the sum of subdivisions (1) and (2) asfollows:

(1)        The greater of thefollowing:

a.         Campaignexpenditures or obligations made, or funds raised or borrowed, whichever isgreater, reported by any one nonparticipating opponent of a certifiedcandidate. Where a certified candidate has more than one nonparticipatingopponent, the measure shall be taken from the nonparticipating candidateshowing the highest relevant dollar amount.

b.         The fundsdistributed in accordance with G.S. 163‑278.99(b) to a certified opponentof the certified candidate.

(2)        The aggregate totalof all expenditures and payments reported in accordance with G.S. 163‑278.99A(a)of entities making independent expenditures or electioneering communications inopposition to the certified candidate or in support of any opponent of thatcertified candidate.

(b)        Limit on MatchingFunds in Contested Primary. – Total matching funds to a certified candidate ina contested primary shall be limited to an amount equal to the maximumqualifying contributions for a candidate with a contested primary.

(c)        Limit on MatchingFunds in Contested General Election. – Total matching funds to a certifiedcandidate in a contested general election shall be limited to an amount equalto two times the amount described in G.S. 163‑278.99(b)(4).

(d)        Determinations byBoard. – In the case of electioneering communications, the Board shalldetermine which candidate, if any, is entitled to receive matching funds as aresult of the communication. The Board shall issue matching funds based on thecommunication only if it ascertains that the communication is susceptible of noreasonable interpretation other than as an appeal to vote for or against aspecific candidate. In making its determination, the Board shall not considerevidence external to the communication itself of the intent of the sponsor orthe effect of the communication. The Board shall notify each candidate itdetermines is entitled to receive matching funds based on those communications,the sponsor of those communications, and any candidate who is an opponent ofthe candidate it determines is entitled to the matching funds. The Board shallgive the sponsor of the communication and any opposing candidate an adequateopportunity to rebut the determination of the Board. In considering therebuttal, all candidates in the race and the sponsor shall be given adequateand equal opportunity to be heard. The Board shall adopt procedures forimplementing this subsection, balancing in those procedures adequacy ofopportunity to rebut and adequacy and equality of opportunity to be heard onthe rebuttal with the need to expedite the decision on awarding matching funds.The Board shall distribute the matching funds, if any, at the conclusion of itsprocess.

(e)        ProportionalMeasuring of Multicandidate Communications. – In calculating the amount ofmatching funds a certified candidate is eligible to receive under this section,the Board shall include the proportion of expenditures, obligations, orpayments for multicandidate communications that pertains to the candidate. (2007‑484, ss. 43.8(b)‑(d);2007‑540, s. 1.)