§ 163-278.300. Definitions.
Article 22M.
Legal Expense Funds.
§ 163‑278.300. Definitions.
As used in this Article, thefollowing terms mean:
(1) Board. The StateBoard of Elections.
(2) Renumbered.
(3) Elected officer. Anyindividual serving in or seeking a public office. An individual is seeking apublic office when that individual has filed any notice, petition, or otherdocument required by law or local act as a condition of election to publicoffice. An individual continues to be an elected officer for purposes of thisArticle as long as a legal action commenced while the individual was an electedofficer continues. If a legal action is commenced after an individual ceases toserve in or seek public office but the legal action concerns subject matter inthe individual's official capacity as an elected officer, for purposes of thisArticle, that individual is an elected officer as long as that legal actioncontinues.
(4) Expenditure. Anexpenditure means any purchase, advance, conveyance, deposit, distribution,transfer of funds, loan, payment, gift, pledge, subscription of money, anythingof value whatsoever, and any contract, agreement, promise, or other obligationto make an expenditure, by a legal defense fund for a permitted use as providedin G.S. 163‑278.320. An expenditure forgiven by a person or entity towhom it is owed shall be reported as a legal expense donation.
(5) Legal action. Aformal dispute in a judicial, legislative, or administrative forum, includingbut not limited to, a civil or criminal action filed in a court, a complaint orprotest filed with a board of elections, an election contest filed underArticle 3 of Chapter 120 of the General Statutes or G.S. 163‑182.13A, ora complaint filed with the State Ethics Commission or Legislative EthicsCommittee. The term "legal action" also includes investigations madeor conducted before the commencement of any formal proceedings. The term"legal action" does not include the election itself or the campaignfor election.
(5a) Legal expensedonation. A legal expense donation means any advance, conveyance, deposit,distribution, transfer of funds, loan, payment, gift, subscription of money, oranything of value whatsoever, and any contract, agreement, or other obligationto make a contribution to a legal expense fund for a permitted use as providedin G.S. 163‑278.320. The term "legal expense donation" does notinclude either of the following:
a. The provision oflegal services to an elected officer by the State or any of its politicalsubdivisions when those services are authorized or required by law, or
b. The provision offree or pro bono legal advice or legal services, provided that any costsincurred or expenses advanced for which clients are liable under otherprovisions of law shall be deemed legal expense donations.
(6) Legal expense fund. Any collection of money for the purpose of funding a legal action, or apotential legal action, taken by or against an elected officer in that electedofficer's official capacity.
(7) Official capacity. Related to or resulting from the campaign for public office or related to orresulting from holding public office. "Official capacity" is notlimited to "scope and course of employment" as used in G.S. 143‑300.3.
(8) Public office. Asdefined in G.S. 163‑278.6.
(9) Treasurer. Anindividual appointed by an elected officer or other individual or group ofindividuals collecting money for a legal expense fund. (2007‑349, s. 1; 2009‑534,s. 2(a).)