Campaign finance requirements in North Carolina
 in North Carolina |
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| Campaign finance |
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Federal campaign finance laws and regulations |
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| State by state comparison of campaign finance reporting requirements |
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North Carolina campaign finance requirements govern the following:
- how much money candidates may receive from individuals and organizations,
- how much and how often they must report those contributions, and
- how much individuals, organizations and political parties may contribute to campaigns.
In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.
Background
The Federal Election Commission (FEC) is the independent regulatory agency that administers and enforces federal campaign election laws. The FEC is responsible for disclosing campaign finance information, enforcing limits and prohibitions on contributions, and overseeing public funding of presidential elections.[1] According to the FEC, an individual becomes a federal candidate and must begin reporting campaign finances once he or she has either raised or spent $5,000 in his or her campaign. Within 15 days of this benchmark, the candidate must register with the FEC and designate an official campaign committee, which is responsible for the funds and expenditures of the campaign. This committee must have an official treasurer and cannot support any candidate but the one who registered it. Detailed financial reports are then made to the FEC every financial quarter after the individual is registered. Reports are also made before primaries and before the general election.[2]
The rules governing federal election campaigns and contributions have evolved over the past generation as result of a number of Supreme Court decisions. In the 2010 Citizens United v. Federal Election Commission decision, the court held that corporate funding of independent political broadcasts in candidate elections cannot be limited. The court's decision also overturned the ban on for-profit and not-for-profit corporations and unions broadcasting electioneering communications in the 30 days before a presidential primary and in the 60 days before a general election.[3] In the SpeechNOW.org v. Federal Election Commission decision, the first application of the Citizens United decision, the court held that contribution limits on what individuals could give to independent expenditure-only groups, and the amount these organizations could receive, were unconstitutional. Contribution limits on donations directly to candidates, however, remained unchanged.[4][5] In 2014's McCutcheon v. Federal Election Commission decision, the court overturned biennial aggregate campaign contribution limits, and held that individuals may contribute to as many federal candidates as they want, but may only contribute up to the federal limit in each case.[6]
While the FEC governs federal election campaigns and contribution limits, individual states enforce their own regulation and reporting requirements. Regulations vary by state, as do limits on campaign contributions and third-party activities to influence elections.
Contribution limits
The table below details contribution limits as they applied to various types of individuals and groups in North Carolina as of May 2015. The uppermost row of the table indicates the contributor, while the leftmost column indicates the recipient.
| North Carolina contribution limits as of May 2015 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Individuals | Single candidates committees | PACs | Political party | Super PACs | Corporations | Unions | |||
| Statewide candidate (e.g., governor) | $5,100 | $5,100 | $5,100 | unlimited | $0 | $0 | $0 | ||
| Senate candidate | $5,100 | $5,100 | $5,100 | unlimited | $0 | $0 | $0 | ||
| House candidate | $5,100 | $5,100 | $5,100 | unlimited | $0 | $0 | $0 | ||
| PAC | $5,100 | $5,100 | $5,100 | unlimited | $0 | $0 | $0 | ||
| Party committees | unlimited | unlimited | unlimited | unlimited | $0 | $0 | $0 | ||
| Ballot measures | unlimited | unlimited | unlimited | unlimited | $0 | unlimited | unlimited | ||
| Sources: North Carolina State Board of Elections, "2014 Campaign Finance Manual," accessed May 22, 2015 | |||||||||
Candidate requirements
See statutes: Chapter 163, Article 22A of the North Carolina General Statutes
Each candidate for state and local office is required to appoint a treasurer (a candidate may serve as his or her own treasurer). The treasurer is responsible for submitting to the State Board of Elections a Statement of Organization, which must include the following:[7]
- the name, address and purpose of the candidate or political committee
- the names, addresses and relationships of affiliated or connected candidates, committees, parties, etc.
- the name, address and position with the candidate or political committee of the custodian of books and accounts
- a listing of all banks, safety deposit boxes or other depositories used, including the names and numbers of all such accounts and safety deposit boxes
- the name(s) and address(es) of any assistant treasurers
A candidate must submit a Statement of Organization within 10 days of filing his or her Notice of Candidacy.[8]
The treasurer is also responsible for submitting regular campaign finance reports to the State Board of Elections. These reports must set forth the following (forms for all required reports are prescribed by the State Board of Elections):[9]
- Contributions: This is a list of all contributions received by or on behalf of the candidate or political committee, including the name and mailing address of each contributor, the amount contributed, the principal occupation of the contributor and the date the contribution was received. The sum total of all contributions to date must be "plainly exhibited."[10]
- Expenditures: This is a list of all expenditures made by or on behalf of the candidate of political committee, including the name and mailing address of each payee, the amount paid, the purpose of the expenditure and the date the payment was made. The sum total of all expenditures must be stated.[10]
- Loans: Each report must include an addendum listing all proceeds derived from loans for funds used or to be used in the campaign. The amount of the loan, its source, period, interest rate, security pledged (if any) and all makers and endorsers must be noted.[10]
During years in which there is an election for which the candidate is campaigning or in which the campaign committee is supporting or opposing a candidate, quarterly statements must be filed within seven working days after the close of each calendar quarter. Semiannual reports are required if contributions are received or expenditures are made for which no other reports are required.[9]
Any committee (with the exception of federal campaign committee) that receives a contribution meeting all of the below requirements must disclose that contribution to the State Board of Elections within 48 hours:[11]
- the contribution totals $1,000 or more
- the contribution is received after the period covered by the last report due before the election
- the contribution is received on or before the election
Campaign finance legislation
The following is a list of recent campaign finance bills that have been introduced in or passed by the North Carolina state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Election and campaign ballot measures
Ballotpedia has tracked 14 statewide ballot measures relating to elections and campaigns.
- North Carolina No Convicted Felons for Sheriff, Amendment 1 (2010)
- North Carolina Tax Limitations and Income Tax Amendment (1920)
- North Carolina Voting Requirements Amendment (1920)
- North Carolina Election Returns for State Executive Officers Amendment (1926)
- North Carolina Special Elections for Amendments Amendment (1932)
- North Carolina Debt Limitations Amendment (1948)
- North Carolina Voting Requirements Amendment (1954)
- North Carolina Elections to Fill Vacancies Amendment (1954)
- North Carolina Voting Requirements for Presidential Elections Amendment (1962)
- North Carolina Literacy Voting Requirement Amendment (1970)
- North Carolina Voting and Elective Office Age Requirements Amendment (1972)
- North Carolina Voter Approval of Bonds Amendment (1982)
- North Carolina Odd-Numbered Year Elections Amendment (May 1986)
- North Carolina Elections for Office Vacancies Amendment (1986)
Candidates running for office may require some form of interaction with the following agencies:
- North Carolina State Board of Elections
- Why: This agency provides and processes Notice of Candidacy paperwork for state executive and congressional offices.
- 506 North Harrington St
- PO Box 27255
- Raleigh, NC 27603-1326
- Main phone number: 919.733.7173
- Toll-free: 1.866.522.4723
- Fax: 919-715-0135
- Website: http://www.sboe.state.nc.us/
- Email: [email protected]
- 506 North Harrington St
Recent news
The link below is to the most recent stories in a Google news search for the terms North Carolina finance. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Campaign finance regulation
- Ballot access requirements for political candidates in North Carolina
- North Carolina
Footnotes
- ↑ Federal Election Commission, "About the FEC," accessed June 27, 2012
- ↑ Federal Election Commission, "Candidate Registration Brochure," accessed December 7, 2012
- ↑ New York Times, "Justices, 5-4, Reject Corporate Spending Limit," January 21, 2010
- ↑ Federal Election Commission, "Speechnow.org v. FEC," April 7, 2014
- ↑ OpenSecrets, "Two Federal Court Rulings Could Change Campaign Finance Landscape," March 26, 2010
- ↑ Federal Election Commission, "Ongoing Litigation," accessed March 18, 2015
- ↑ North Carolina General Statutes, "Chapter 163, Article 22A, Section 278.7," accessed December 9, 2013
- ↑ North Carolina General Statutes, "Chapter 163, Article 22A, Section 278.9," accessed December 9, 2013
- ↑ 9.0 9.1 North Carolina General Statutes, "Chapter 163, Article 22A, Section 278.9," accessed December 9, 2013
- ↑ 10.0 10.1 10.2 North Carolina General Statutes, "Chapter 163, Article 22A, Section 278.11," accessed December 31, 2013
- ↑ Correspondence with the North Carolina State Board of Elections in January 2014.
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