§ 163-278.100. Definitions.
Article 22G.
Candidate‑SpecificCommunications.
§ 163‑278.100. Definitions.
As used in this Article, thefollowing terms have the following definitions:
(1) The term"candidate‑specific communication" means any broadcast, cable,or satellite communication that has all the following characteristics:
a. Refers to a clearlyidentified candidate for a statewide office or the General Assembly.
b. Is aired in an even‑numberedyear after the final date on which a Notice of Candidacy can be filed for theoffice, pursuant to G.S. 163‑106(c) or G.S. 163‑323, and throughthe day on which the general election is conducted, excluding the time periodset in the definition for "electioneering communication" in G.S. 163‑278.80(2)b.
c. Is targeted to therelevant electorate.
(2) The term"candidate‑specific communication" does not include any of thefollowing:
a. A communicationappearing in a news story, commentary, or editorial distributed through thefacilities of any broadcasting station, unless those facilities are owned orcontrolled by any political party, political committee, or candidate.
b. A communication thatconstitutes an expenditure or independent expenditure under Article 22A of thisChapter.
c. A communication thatconstitutes a candidate debate or forum conducted pursuant to rules adopted bythe Board or that solely promotes that debate or forum and is made by or onbehalf of the person sponsoring the debate or forum.
d. A communication madewhile the General Assembly is in session which, incidental to advocacy for oragainst a specific piece of legislation pending before the General Assembly,urges the audience to communicate with a member or members of the GeneralAssembly concerning that piece of legislation.
e. An electioneeringcommunication as defined in Article 22E of this Chapter.
f. A communicationthat meets all of the following criteria:
1. Does not mention anyelection, candidacy, political party, opposing candidate, or voting by thegeneral public.
2. Does not take aposition on the candidate's character or qualifications and fitness for office.
3. Proposes acommercial transaction.
(3) The term"disclosure date" means either of the following:
a. The first dateduring any calendar year when a candidate‑specific communication is airedafter an entity has incurred expenses for the direct costs of producing orairing candidate‑specific communications aggregating in excess of tenthousand dollars ($10,000).
b. Any other dateduring that calendar year by which an entity has incurred expenses for thedirect costs of producing or airing candidate‑specific communicationsaggregating in excess of ten thousand dollars ($10,000) since the most recentdisclosure date for that calendar year.
(4) The term"targeted to the relevant electorate" means a communication whichrefers to a clearly identified candidate for statewide office or the GeneralAssembly and which can be received by 50,000 or more individuals in the Statein the case of a candidacy for statewide office and 7,500 or more individualsin the district in the case of a candidacy for General Assembly.
(5) Except as otherwiseprovided in this Article, the definitions in Article 22A of this Chapter applyin this Article. (2006‑233,s. 1; 2006‑259, s. 29(e); 2009‑534, s. 9(a), (b).)