§ 163-278.80. Definitions.
Article 22E.
ElectioneeringCommunications.
§ 163‑278.80. Definitions.
As used in this Article, thefollowing terms have the following definitions:
(1) The term"disclosure date" means either of the following:
a. The first dateduring any calendar year when an electioneering communication is aired after anentity has incurred expenses for the direct costs of producing or airingelectioneering communications aggregating in excess of ten thousand dollars($10,000).
b. Any other dateduring that calendar year by which an entity has incurred expenses for thedirect costs of producing or airing electioneering communications aggregatingin excess of ten thousand dollars ($10,000) since the most recent disclosuredate for that calendar year.
(2) The term"electioneering communication" means any broadcast, cable, orsatellite communication that has all the following characteristics:
a. Refers to a clearlyidentified candidate for a statewide office or the General Assembly.
b. Is aired within oneof the following time periods:
1. 60 days before ageneral or special election for the office sought by the candidate, or
2. 30 days before aprimary election or a convention of a political party that has authority tonominate a candidate for the office sought by the candidate.
c. Is targeted to therelevant electorate.
(3) The term"electioneering communication" does not include any of the following:
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. A communication thatmeets 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.
(4) The term"prohibited source" means any corporation, insurance company, laborunion, or professional association. The term "prohibited source" doesnot include an entity that meets all the criteria set forth in G.S. 163‑278.19(f).
(5) 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.
(6) The term"501(c)(4) organization" means either of the following:
a. An organizationdescribed in section 501(c)(4) of the Internal Revenue Code of 1986 and exemptfrom taxation under section 501(a) of that Code.
b. An organization thathas submitted an application to the Internal Revenue Service for determinationof its status as an organization described in sub‑subdivision a. of thissubdivision.
(7) Except as otherwiseprovided in this Article, the definitions in Article 22A of this Chapter applyin this Article. (2004‑125,s. 1; 2006‑182, s. 1(a); 2009‑534, s. 7(a), (b).)