(a)        A legal expense fund may be used for reasonable expenses actually incurred by the elected officer in relation to a legal action or potential legal action brought by or against the elected officer in that elected officer’s official capacity. The elected officer’s campaign itself shall not be funded from a legal expense fund.

(b)        Upon closing a legal expense account, the treasurer shall distribute the remaining monies in the legal expense fund to any of the following:

(1)        The Indigent Persons’ Attorney Fee Fund under Article 36 of Chapter 7A of the N.C. Gen. Stat..

(2)        The North Carolina State Bar for the provision of civil legal services for indigents.

(3)        Payments to an organization described in section 170(c) of the Internal Revenue Code of 1986 (26 U.S.C. § 170(c)), provided that the candidate or the candidate’s spouse, children, parents, brothers, or sisters are not employed by the organization.

(4)        To return all or a portion of a legal expense donation to the donor.

(5)        Payment to the Escheat Fund established by Chapter 116B of the N.C. Gen. Stat.. ?(2007-349, s. 1; 2009-534, s. 2(g); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Terms Used In North Carolina General Statutes 163-278.320

  • Donor: The person who makes a gift.
  • Elected officer: Any individual serving in or seeking a public office. See North Carolina General Statutes 163-278.300
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Legal action: A formal dispute in a judicial, legislative, or administrative forum, including but not limited to, a civil or criminal action filed in a court, a complaint or protest filed with a board of elections, an election contest filed under Article 3 of Chapter 120 of the N. See North Carolina General Statutes 163-278.300
  • Legal expense donation: A legal expense donation means any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, subscription of money, or anything of value whatsoever, and any contract, agreement, or other obligation to make a contribution to a legal expense fund for a permitted use as provided in N. See North Carolina General Statutes 163-278.300
  • Legal expense fund: Any collection of money for the purpose of funding a legal action, or a potential legal action, taken by or against an elected officer in that elected officer's official capacity. See North Carolina General Statutes 163-278.300
  • Official capacity: Related to or resulting from the campaign for public office or related to or resulting from holding public office. See North Carolina General Statutes 163-278.300
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Treasurer: An individual appointed by an elected officer or other individual or group of individuals collecting money for a legal expense fund. See North Carolina General Statutes 163-278.300
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