North Carolina General Statutes 163-278.8A. Campaign sales by political party executive committees
(a) Exempt Purchase Price Not Treated as “Contribution.” – Notwithstanding the provisions of N.C. Gen. Stat. § 163-278.6(13), the purchase price of goods or services sold by a political party executive committee or affiliated party committee as provided in subsection (b) of this section shall not be treated as a “contribution” for purposes of account-keeping under N.C. Gen. Stat. § 163-278.8, for purposes of the reporting of contributions under N.C. Gen. Stat. § 163-278.11, or for the purpose of the limit on contributions under N.C. Gen. Stat. § 163-278.13 The treasurer is not required to obtain, maintain, or report the name or other identifying information of the purchaser of the goods or services, as long as the requirements of subsection (b) of this section are satisfied. However, the proceeds from the sales of those goods and services shall be treated as contributions for other purposes, and expenditures of those proceeds shall be reported as expenditures under this Article.
(b) Exempt Purchase Price. – A purchase price for goods or services sold by a political party executive committee or affiliated party committee qualifies for the exemption provided in subsection (a) of this section as long as the sale of the goods or services adheres to a plan that the treasurer has submitted to and that has been approved in writing by the Executive Director of the State Board of Elections. The Executive Director shall approve the treasurer’s plan upon and only upon finding that all the following requirements are satisfied:
(1) That the price to be charged for the goods or services is reasonably close to the market price for the goods or services.
Terms Used In North Carolina General Statutes 163-278.8A
- affiliated party committee: means a General Assembly affiliated party committee as established by N. See North Carolina General Statutes 163-278.6
- board: means the State Board of Elections with respect to all candidates for State, legislative, and judicial offices and the county board of elections with respect to all candidates for county and municipal offices. See North Carolina General Statutes 163-278.6
- election: means any general or special election, a first or second primary, a run-off election, or an election to fill a vacancy. See North Carolina General Statutes 163-278.6
- 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
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- political party: means any political party organized or operating in this State, whether or not that party is recognized under the provisions of N. See North Carolina General Statutes 163-278.6
- 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: means an individual appointed by a candidate, political committee, or referendum committee as provided in N. See North Carolina General Statutes 163-278.6
(2) That the total amount to be raised from sales under all plans by the committee does not exceed twenty thousand dollars ($20,000) per election cycle.
(3) That no purchaser makes total purchases under the plan that exceed fifty dollars ($50.00).
(4) That the treasurer include in the report under N.C. Gen. Stat. § 163-278.11, covering the relevant time period, all of the following:
a. A description of the plan.
b. The amount raised from sales under the plan.
c. The number of purchases made.
(5) That the treasurer shall include in the appropriate report under N.C. Gen. Stat. § 163-278.11 any in-kind contribution made to the political party in providing the goods or services sold under the plan and that no in-kind contribution accepted as part of the plan violates any provision of this Article.
The Executive Director may require a format for submission of a plan, but that format shall not place undue paperwork burdens upon the treasurer. As used in this subdivision, the term “election cycle” has the same meaning as in N.C. Gen. Stat. § 163-278.6(32). (2008-150, s. 8(a); 2015-258, s. 3(d); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2020-84, s. 1(a).)