§ 163-278.41. Appropriations in general election years and other years.
Article 22B.
Appropriations from the North Carolina PoliticalParties Financing Fund.
§ 163‑278.41. Appropriations in generalelection years and other years.
(a) Following the conclusion of the last primary or nominatingconvention held by a political party in a general election year in which apresidential election is held, the State chair of that political party mayapply to the State Board of Elections (State Board) for the disbursement of allfunds deposited with the State Treasurer on behalf of that party in the NorthCarolina Political Parties Financing Fund (Political Parties Fund) to beadministered by the State Board of Elections and in which shall be placed moneycontributed by taxpayers, as provided in G.S. 105‑159.1. If the regulardate set for a primary in G.S. 163‑1 or nominating convention in G.S. 163‑98is temporarily postponed for one election year, the State party chair may applyfor the disbursement after the regular date set in those sections for thatparty's primary or convention, even though the primary has not occurred underthe temporary schedule. Upon receipt of that application, the State Board shallforthwith, and every 30 days thereafter, pay over to said chairman all fundscurrently held by the State Treasurer on behalf of that chair's politicalparty, but provided that all such payments shall cease 30 days after the StateBoard of Elections has certified all of the results of the general election tothe Secretary of State. Upon receipt of that application, the State Board shallpay over to the chair all funds currently held by the State Treasurer in the"Presidential Election Year Candidates Fund" of that party, whichfunds shall be allocated and disbursed during the presidential election year bythe same procedure as the funds received from the Political Parties Fund areallocated. Any remaining funds of the political party in the hands of the StateTreasurer shall thereafter be held by the State Treasurer until eligible fordistribution pursuant to this section.
(b) Following the conclusion of the last primary or nominatingconvention held by a political party in a general election year in which thereis not a presidential election, the State chair of the political party mayapply to the State Board for the disbursement of all funds deposited on behalfof such party in the Political Parties Fund. If the regular date set for aprimary in G.S. 163‑1 or nominating convention in G.S. 163‑98 istemporarily postponed for one election year, the State party chair may applyfor the disbursement after the regular date set in those sections for thatparty's primary or convention, even though the primary has not occurred underthe temporary schedule. Upon receipt of such application, the State Board shallforthwith, and every 30 days thereafter, pay over to said chairman all fundscurrently held by the State Treasurer on behalf of that chair's political partyprovided that all such payments to the chairman shall cease 30 days after theState Board of Elections has certified all of the results of the generalelection. Any remaining funds of the political party in the hands of the StateTreasurer shall thereafter be held by the State Treasurer until eligible fordistribution pursuant to this section.
(c) In each year in which no general election is held, eachState chair of a political party on behalf of which funds have been depositedin the Political Parties Fund may, on or between August 1 and September 1thereof, apply to the State Board for payment of an amount not to exceed fiftypercent (50%) of the then available funds credited to the account of thatparty. Upon receipt of such application, the State Board shall pay over to thatState chair an amount not to exceed fifty percent (50%) of the then availablefunds credited to the account of that party. Additionally and upon receipt ofthat application, the State Board shall direct the State Treasurer to placefifty percent (50%) of those available funds in a separate interest bearingaccount to be known as the "Presidential Election Year Candidates Fund ofthe (name of the party) Party" to be disbursed in accord with theprovisions of subsection (a) above. Any remaining funds of the political partyin the hands of the State Treasurer shall thereafter be held by the StateTreasurer until eligible for distribution by the State Board pursuant to thissection. Any interest earned on the funds deposited in such PresidentialElection Year Campaign Fund shall be credited thereto. (1977, 2nd Sess., c. 1298, s. 2; 1983, c. 700, s. 5; 1987 (Reg. Sess.,1988), c. 1063, s. 3; 1991, c. 347, s. 1; c. 397, s. 1; 2003‑434, 1st Ex.Sess., s. 14.)