House Bill 1048-First Edition

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H 1

HOUSE BILL 1048

Short Title: Modify Campaign Ad Laws.		(Public)
Sponsors:	Representatives Faison, Ross, Stam, Moore (Primary Sponsors); Glazier, Harrison, and Parmon.
Referred to:	Election Law and Campaign Finance Reform, if favorable, Judiciary I.

April 6, 2009

A BILL TO BE ENTITLED

AN ACT to exempt references to unopposed candidates and other commercial communications from the electioneering communication laws and candidate‑specific communication laws; and to make technical changes to the laws concerning electioneering communications and candidate‑specific communications.

The General Assembly of North Carolina enacts:

SECTION 1.(a) G.S. 163‑278.80 is amended by adding a new subdivision to read:

"(1a) The term "commercial communication" means a communication to which all of the following apply:

a. The communication does not mention any election, candidacy, political party, opposing candidate, or voting by the general public.

b. The communication does not take a position on any candidate's or officeholder's fitness for office.

c. The communication offers a licensed professional service or proposes a commercial transaction, such as purchase of a book, video, or other product or service, or such as attendance (for a fee) at a film exhibition or other event."

SECTION 1.(b) G.S. 163‑278.80(3) reads as rewritten:

"(3) The term "electioneering communication" does not include any of the following:

a. A communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless those facilities are owned or controlled by any political party, political committee, or candidate.

b. A communication that constitutes an expenditure or independent expenditure under Article 22A of this Chapter.

c. A communication that constitutes a candidate debate or forum conducted pursuant to rules adopted by the Board or that solely promotes that debate or forum and is made by or on behalf of the person sponsoring the debate or forum.

d. A communication made while the General Assembly is in session which, incidental to advocacy for or against a specific piece of legislation pending before the General Assembly, urges the audience to communicate with a member or members of the General Assembly concerning that piece of legislation.

e. A communication that refers to a candidate against whom no opposing candidate has timely filed and qualified pursuant to G.S. 163‑106 or G.S. 163‑323.

f. A commercial communication."

SECTION 2.(a) G.S. 163‑278.90 is amended by adding a new subdivision to read:

"(2a) The term "commercial communication" means a communication to which all of the following apply:

a. The communication does not mention any election, candidacy, political party, opposing candidate, or voting by the general public.

b. The communication does not take a position on any candidate's or officeholder's fitness for office.

SECTION 2.(b) G.S. 163‑278.90(3) reads as rewritten:

"(3) The term "electioneering communication" does not include any of the following:

a. A communication appearing in a news story, commentary, or editorial distributed through any newspaper or periodical, unless that publication is owned or controlled by any political party, political committee, or candidate.

b. A communication that constitutes an expenditure or independent expenditure under Article 22A of this Chapter.

d. A communication that is distributed by a corporation solely to its shareholders or employees, or by a labor union or professional association solely to its members.

e. A communication made while the General Assembly is in session which, incidental to advocacy for or against a specific piece of legislation pending before the General Assembly, urges the audience to communicate with a member or members of the General Assembly concerning that piece of legislation.

f. A communication that refers to a candidate against whom no opposing candidate has timely filed and qualified pursuant to G.S. 163‑106 or G.S. 163‑323.

g. A commercial communication."

SECTION 3.(a) G.S. 163‑278.100 is amended by adding a new subdivision to read:

"(2a) The term "commercial communication" means a communication to which all of the following apply:

a. The communication does not mention any election, candidacy, political party, opposing candidate, or voting by the general public.

b. The communication does not take a position on any candidate's or officeholder's fitness for office.

SECTION 3.(b) G.S. 163‑278.100(2) reads as rewritten:

"(2) The term "candidate‑specific communication" does not include any of the following:

b. A communication that constitutes an expenditure or independent expenditure under Article 22A of this Chapter.

e. An electioneering communication as defined in Article 22E of this Chapter.

f. A communication that refers to a candidate against whom no opposing candidate has timely filed and qualified pursuant to G.S. 163‑106 or G.S. 163‑323.

g. A commercial communication."

SECTION 4.(a) G.S. 163‑278.110 is amended by adding a new subdivision to read:

"(2a) The term "commercial communication" means a communication to which all of the following apply:

a. The communication does not mention any election, candidacy, political party, opposing candidate, or voting by the general public.

b. The communication does not take a position on any candidate's or officeholder's fitness for office.

SECTION 4.(b) G.S. 163‑278.110(2) reads as rewritten:

"(2) The term "candidate‑specific communication" does not include any of the following:

b. A communication that constitutes an expenditure or independent expenditure under Article 22A of this Chapter.

d. A communication that is distributed by a corporation solely to its shareholders or employees or by a labor union or professional association solely to its members.

f. An electioneering communication as defined in Article 22F of this Chapter.

g. A public opinion poll conducted by a newspaper, periodical, or other news gathering organization.

h. A communication that refers to a candidate against whom no opposing candidate has timely filed and qualified pursuant to G.S. 163‑106 or G.S. 163‑323.

i. A commercial communication."

SECTION 5. G.S. 163‑278.80(2) reads as rewritten:

"(2) The term "electioneering communication" means any broadcast, cable, or satellite communication that has all the following characteristics:

a. Refers to a clearly identified candidate for a statewide office or the General Assembly.

b. Is ~~made~~ aired within one of the following time periods:

1. 60 days before a general or special election for the office sought by the candidate, or

2. 30 days before a primary election or a convention of a political party that has authority to nominate a candidate for the office sought by the candidate.

c. Is targeted to the relevant electorate."

SECTION 6. G.S. 163‑278.90(2) reads as rewritten:

"(2) The term "electioneering communication" means any mass mailing or telephone bank that has all the following characteristics:

a. Refers to a clearly identified candidate for a statewide office or the General Assembly.

b. Is ~~made~~ transmitted within one of the following time periods:

1. 60 days before a general or special an election for the office sought by the candidate, or

2. 30 days before a primary election or a convention of a political party that has authority to nominate a candidate for the office sought by the candidate.

c. Is targeted to the relevant electorate."

SECTION 7. G.S. 163‑278.100(1) reads as rewritten:

"(1) The term "candidate‑specific communication" means any broadcast, cable, or satellite communication that has all the following characteristics:

a. Refers to a clearly identified candidate for a statewide office or the General Assembly.

b. Is ~~made~~ aired in an even‑numbered year after the final date on which a Notice of Candidacy can be filed for the office, pursuant to G.S. 163‑106(c) or G.S. 163‑323, and through the day on which the general election is conducted, excluding the time period set in the definition for "electioneering communication" in G.S. 163‑278.80(2)b.

c. Is targeted to the relevant electorate."

SECTION 8. G.S. 163‑278.110(1) reads as rewritten:

"(1) The term "candidate‑specific communication" means any mass mailing or telephone bank that has all the following characteristics:

a. Refers to a clearly identified candidate for a statewide office or the General Assembly.

b. Is ~~made~~ transmitted in an even‑numbered year after the final date on which a Notice of Candidacy can be filed for the office, pursuant to G.S. 163‑106(c) or G.S. 163‑323, and through the day on which the general election is conducted, excluding the time period set in the definition for "electioneering communication" in G.S. 163‑278.90(2)b.

c. Is targeted to the relevant electorate."

SECTION 9. This act becomes effective January 1, 2010.