§ 163-278.8A. (For effective date and applicability, see Editor's note) Campaign sales by political party executive committees.
§ 163‑278.8A. (Foreffective date and applicability, see Editor's note) Campaign sales bypolitical party executive committees.
(a) Exempt PurchasePrice Not Treated as "Contribution." Notwithstanding the provisionsof G.S. 163‑278.6(6), the purchase price of goods or services sold by apolitical party executive committee as provided in subsection (b) of thissection shall not be treated as a "contribution" for purposes ofaccount‑keeping under G.S. 163‑278.8, for purposes of the reportingof contributions under G.S. 163‑278.11, or for the purpose of the limiton contributions under G.S. 163‑278.13. The treasurer is not required toobtain, maintain, or report the name or other identifying information of thepurchaser of the goods or services, as long as the requirements of subsection(b) of this section are satisfied. However, the proceeds from the sales ofthose goods and services shall be treated as contributions for other purposes,and expenditures of those proceeds shall be reported as expenditures under thisArticle.
(b) Exempt PurchasePrice. A purchase price for goods or services sold by a political partyexecutive committee qualifies for the exemption provided in subsection (a) ofthis section as long as the sale of the goods or services adheres to a planthat the treasurer has submitted to and that has been approved in writing bythe Executive Director of the State Board of Elections. The Executive Directorshall approve the treasurer's plan upon and only upon finding that all thefollowing requirements are satisfied:
(1) That the price to becharged for the goods or services is reasonably close to the market price forthe goods or services.
(2) That the totalamount to be raised from sales under all plans by the committee does not exceedten thousand dollars ($10,000) per election cycle.
(3) That no purchasermakes total purchases under the plan that exceed fifty dollars ($50.00).
(4) That the treasurerinclude in the report under G.S. 163‑278.11, covering the relevant timeperiod, all of the following:
a. A description of theplan.
b. The amount raisedfrom sales under the plan.
c. The number ofpurchases made.
(5) That the treasurershall include in the appropriate report under G.S. 163‑278.11 any in‑kindcontribution made to the political party executive committee in providing thegoods or services sold under the plan and that no in‑kind contributionaccepted as part of the plan violates any provision of this Article.
The Executive Director mayrequire a format for submission of a plan, but that format shall not placeundue paperwork burdens upon the treasurer. As used in this subdivision, theterm "election cycle" has the same meaning as in G.S. 163‑278.6(7c). (2008‑150,s. 8(a).)