§ 163-278.94. Determination of electioneering communication.
§ 163‑278.94. Determination of electioneering communication.
(a) Any individual,committee, association, or any other organization or group of individuals thatproduces a communication to be distributed to the relevant electorate in thetime periods under G.S. 163‑278.90(2)b. may, but is not required to, askthe State Board for a determination as to whether or not that communication isan electioneering communication prior to the airing of that communication.
(b) The State Boardshall establish a process for determination as to whether a communication is anelectioneering communication prior to the airing of that communication when itis requested under subsection (a) of this section. The responsibility for thedetermination may be delegated to the Executive Director. If the responsibilityis delegated to the Executive Director, the process established by the StateBoard shall include an opportunity for immediate appeal to the State Board ofthe determination by the Executive Director. (2009‑534, s. 8(c).)