NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1073

HOUSE BILL 1013

 

 

AN ACT TO REQUIRE DISCLOSURE OF EXPENSES AND CONTRIBUTIONS IN REFERENDUM CAMPAIGNS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 163-278.6(1) is amended by adding the following new language at the end: "The term means the State Board of Elections with respect to all statewide referenda."

Sec. 2.  G.S. 163-278.6(8) is amended by rewriting the last sentence to read: "The term 'election' shall not include any local or statewide referendum."

Sec. 3.  G.S. 163-278.6 is amended by adding new subdivisions to read: "

(18a)    The term 'referendum' means any question, issue, or act referred to a vote of the people of the entire State by the General Assembly and includes constitutional amendments and State bond issues. The term 'referendum' does not include any type of municipal, county, or special district referendum.

(18b)    The term 'referendum committee' means a combination of two or more individuals or any business entity, corporation, insurance company, labor union, professional association, committee, association, or organization, the primary or incidental purpose of which is to support or oppose the passage of any referendum on the ballot, or to influence or attempt to influence the result of a referendum, or which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the outcome of any referendum."

Sec. 4.  G.S. 163278.7(b) is amended by adding a new subsection to read:

"(5a)     The name of the referendum(s) which the referendum committee is supporting or opposing, and whether the committee is supporting or opposing the referendum."

Sec. 5.  G.S. 163278.7(b)(9) is amended by adding before the period the following new language: "or referendum committee".

Sec. 6.  Chapter 163 of the General Statutes is amended by adding a new section to read:

"§ 163-278.9A.  Statements filed by referendum committees. — (a) The treasurer of each referendum committee shall file under verification with the Board the following reports:

(1)        Organizational Report. The appointment of the treasurer as required by G.S. 163278.7(a), the statement of organization required by G.S. 163-278.7(b), and a report of all contributions and expenditures shall be filed with the Board no later than the tenth day following the organization of the referendum committee.

(2)        Pre-Referendum Report. The treasurer shall file a report with the Board no later than the tenth day preceding the referendum.

(3)        Final Report. The treasurer shall file a final report no later than the tenth day after the referendum. If the final report fails to disclose a final accounting of all contributions and expenditures, a supplemental final report shall be filed no later than January 7, after the referendum, and shall be current through December 31 after the referendum.

(4)        Annual Reports. If contributions are received or expenditures made during a calendar year for which no reports are otherwise required by this Article, any and all such contributions and expenditures shall be reported by January 7 of the following year.

(b)        Except as otherwise provided in this Article, each report shall be current within seven days prior to the date the report is due and shall list all contributions received and expenditures made which have not been previously reported."

Sec. 7.  Chapter 163 of the General Statutes is amended by adding a new section to read:

"§ 163-278. 19A.  Contributions allowed. — Notwithstanding any other provision of this Chapter, it is lawful for any person as defined in G.S. 163-278.6(13) to contribute to a referendum committee."

Sec. 8.  G.S. 163-278.13 is amended by adding a new subsection (e)(1) to read:

"(e)(1)  No referendum committee which received any contribution from a corporation, labor union, insurance company, business entity, or professional association may make any contribution to another referendum committee, to a candidate or to a political committee."

Sec. 9.  G.S. 163-278.17 is amended by adding a new subsection to read:

"(c)       No media reports are required in a referendum."

Sec. 10.  G.S. 163-278.20 is amended by deleting the period at the end of subdivision (3) and inserting in lieu thereof the word "; or", and by adding a new subdivision to read: "(4) The name of the referendum committee for which the funds will be used."

Sec. 11.  Chapter 163 of the General Statutes is amended by adding a new section to read:

"§ 163-278.38.  Effect of failure to comply. — The failure to comply with the provisions of this Article shall not invalidate the results of any referendum."

Sec. 12.  G.S. 163-278.23 is amended in the last paragraph by deleting the words "candidate involved", and inserting in lieu thereof the words "candidate or committee involved".

Sec. 13.  G.S. 163-278.23 is amended in the last paragraph by deleting the words "communications media and political committees", and inserting in lieu thereof "communications media, political committees, and referendum committees", and is further amended in the last paragraph by deleting the words "communications media, or political committees", and inserting in lieu thereof the words "communications media, political committees, or referendum committees".

Sec. 14.  G.S. 163-278.24 is amended by deleting the word "election" and inserting in lieu thereof the words "election or referendum".

Sec. 15.  G.S. 163-278.27(b)(3) is amended by deleting the words "political committees", and inserting in lieu thereof "political committees, referendum committees".

Sec. 16.  The following sections of the General Statutes are amended by deleting the words "candidate and political committee", and inserting in lieu thereof the words "candidate, political committee, and referendum committee":

G.S. 163-278.7(a)

G.S. 163-278.8(a).

Sec. 17.  The following sections of the General Statutes are amended by deleting the words "treasurer, political committee", and inserting in lieu thereof the words "treasurer, political committee, referendum committee":

G.S. 163-278.23

G.S. 163-278.23(1)

G.S. 163-278.23(2).

Sec. 18.  The following sections of the General Statutes are amended by deleting the words "candidates, political committees", and inserting in lieu thereof the words "candidates, political committees, referendum committees":

G.S. 163-278.7(b)(2)

G.S. 163-278.22(8).

Sec. 19.  The following sections of the General Statutes are amended by deleting the words "candidate, political committee", and inserting in lieu thereof the words "candidate, political committee, referendum committee":

G.S. 163-278.6(6)                                     G.S. 163-278.20(a)

G.S. 163-278.6(9)                                     G.S. 163-278.27(a)

G.S. 163-278.14(a)                                   G.S. 163-278.34(a).

G.S. 163-278.16(f)

Sec. 20.  The following sections of the General Statutes are amended by deleting the words "candidate or political committee", and inserting in lieu thereof the words "candidate, political committee, or referendum committee":

G.S. 163-278.6(6)                                     G.S. 163-278.11(a)(1)

G.S. 163-278.6(19)                                   G.S. 163-278.1 1(a)(2)

G.S. 163-278.7(b)(1)                                 G.S. 163-278.12

G.S. 163-278.7(b)(3)                                 G.S. 163-278.13(f)

G.S. 163-278.7(d)                                     G.S. 163-278.16(a)

G.S. 163-278.8(a)                                     G.S. 163-278.16(a)(1)

G.S. 163-278.8(b)                                     G.S. 163-278.16(a)(2).

G.S. 163-278.10

Sec. 21.  This act is effective with respect to any referendum held on or after September 1, 1979.

In the General Assembly read three times and ratified, this the 8th day of June, 1979.