§ 163-278.7 — Appointment of political treasurers

North Carolina § 163-278.7

• Jurisdiction: North Carolina
• Ch. 163: Elections and Election Laws
• Art. 22A: Regulating Contributions and Expenditures in Political Campaigns
• Subch. VIII: REGULATION OF ELECTION CAMPAIGNS

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(a) Each candidate who has received funds or made payments or given consent for anyone else to receive funds or transfer anything of value for the purpose of bringing about that individual's nomination or election for office, political committee, and referendum committee shall appoint a treasurer and, under verification, report the name and address of the treasurer to the Board. Only an individual who resides in North Carolina shall be appointed as a treasurer. A candidate may appoint himself or herself or any other individual, including any relative except his or her spouse, as the candidate's treasurer, and, upon failure to file [a] report designating a treasurer, the candidate shall be concluded to have appointed himself or herself as treasurer and shall be required to personally fulfill the duties and responsibilities imposed upon the appointed treasurer and subject to the penalties and sanctions hereinafter provided.
(b) Each appointed treasurer shall file with the Board at the time required by G.S. 163-278(a)(1) a statement of organization that includes:
(1) The Name, Address and Purpose of the Candidate, Political Committee, or Referendum Committee. - When the political committee or referendum committee is created pursuant to G.S. 163-278.19(b), the name shall be or include the name of the corporation, insurance company, business entity, labor union or professional association whose officials, employees, or members established the committee. When the political committee or referendum committee is not created pursuant to G.S. 163-278.19(b), the name shall be or include the economic interest, if identifiable, principally represented by the committee's organizers or intended to be advanced by use of the committee's receipts;
(2) The names, addresses, and relationships of affiliated or connected candidates, political committees, referendum committees, political parties, affiliated party committees, or similar organizations;
(3) The territorial area, scope, or jurisdiction of the candidate, political committee, or referendum committee;
(4) The name, address, and position with the candidate or political committee of the custodian of books and accounts;
(5) The name and party affiliation of the candidate(s) whom the committee is supporting or opposing, and the office(s) involved;
(6) The name of the referendum(s) which the referendum committee is supporting or opposing, and whether the committee is supporting or opposing the referendum;
(7) The name of the political committee, political party or affiliated party committee being supported or opposed if the committee is supporting the ticket of a particular candidate or political party;
(8) A listing of all banks, safety deposit boxes, or other depositories used, including the names and numbers of all accounts maintained and the numbers of all such safety deposit boxes used, provided that the Board shall keep any account number included in any report filed after March 1, 2003, and required by this Article confidential except as necessary to conduct an audit or investigation, except as required by a court of competent jurisdiction, or unless confidentiality is waived by the treasurer. Disclosure of an account number in violation of this subdivision shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of account numbers in violation of this subdivision as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable;
(9) The name or names and address or addresses of any assistant treasurers appointed by the treasurer. Such assistant treasurers shall be authorized to act in the name of the candidate, political committee, or referendum committee and shall be fully responsible for any act or acts committed by the assistant treasurer. The treasurer shall be fully liable for any violation of this Article committed by any assistant treasurer; and
(10) Any other information which might be requested by the Board that deals with the campaign organization of the candidate or referendum committee.
(c) Any change in information previously submitted in a statement of organization shall be reported to the Board within a 10-day period following the change.
(d) A candidate, political committee or referendum committee may remove his or its treasurer. In case of the death, resignation or removal of his or its treasurer before compliance with all obligations of a treasurer under this Article, such candidate, political committee or referendum committee shall appoint a successor within 10 days of the vacancy of such office, and certify the name and address of the successor in the manner provided in the case of an original appointment.
(e) Every treasurer of a referendum committee shall receive, prior to every election in which the referendum committee is involved, training from the State Board of Elections as to the duties of the office, including the requirements of G.S. 163-278.13(i), provided that the treasurer may designate an employee or volunteer of the committee to receive the training.
(f) Every treasurer of a political committee shall participate in training as to the duties of the office within three months of appointment and at least once every four years thereafter. The State Board of Elections shall provide the training as to the duties of the office in person, through regional seminars, and through interactive electronic means. The treasurer may designate an assistant treasurer to participate in the training, if one is named under subdivision (b)(9) of this section. The treasurer may choose to participate in training prior to each election in which the political committee is involved. All such training shall be free of charge to the treasurer and assistant treasurer. (1973, c. 1272, s. 1; 1979, c. 500, s. 2; c. 1073, ss. 4, 5, 16, 18, 20; 1987, c. 113, s. 1; 1995, c. 315, s. 1; 2002-159, s. 57.1(a); 2004-203, s. 59(a); 2005-430, s. 10.1; 2006-195, s. 7; 2009-534, s. 4; 2015-258, s. 3(c); 2017-6, s. 3; 2018-13, s. 3.10; 2018-146, s. 3.1(a), (b).)
§ 163-278.7A. Gifts from federal political committees and organizations.
(a) Except as limited or otherwise provided in subsection (b) of this section, it shall be permissible for a federal political committee organized pursuant to the Federal Election Campaign Act and its regulations to make contributions to a North Carolina candidate or political committee in accordance with the applicable limits specified in G.S. 163-278.13(a).
(b) No federal political committee or other political organization, as defined in section 527(e)(1) of the Internal Revenue Code of 1986 and subject to the disclosure requirements of section 527(j) of the Internal Revenue Code of 1986, may contribute to North Carolina candidates or political committees if it accepts contributions from sources prohibited from contributing under G.S. 163-278.19; provided, however, that any such committee or organization that also accepts and maintains in one or more segregated accounts contributions from sources not prohibited by G.S. 163-278.19, whether or not limited in amount, may contribute to any national, State, district, or county executive committee of any political party or an affiliated party committee exclusively from such segregated account(s) containing funds from sources not prohibited by G.S. 163-278.19.
(c) Any federal political committee or other political organization making any contribution pursuant to this section shall do all of the following:
(1) Comply with applicable reporting, operating, contribution, and other requirements and limits of federal law.
(2) Within 10 calendar days of making a permitted contribution, file with the State Board a copy of its then-effective Statement of Organization filed with the Federal Election Commission or Internal Revenue Service Form 8871, as applicable, unless previously filed.
(3) For any federal filing period during which the contributing committee or organization makes a permitted contribution, submit to the State Board a copy of its regularly required report filed with the Federal Election Commission or Internal Revenue Service Form 8872 within 10 calendar days of such filing. (1995 (Reg. Sess., 1996), c. 593, s. 1; 2003-274, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2024-16, s. 5(b).)