GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 887

Short Title:  Candidate Appearance in Ad.	(Public)
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Sponsors: Representatives Jones; Gottovi and Warner.
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Referred to:  Judiciary I.
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April 18, 1991

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE FILING FEE FOR CANDIDATES FOR STATEWIDE AND LEGISLATIVE OFFICES, AND TO OFFER A LOWER FILING FEE FOR CANDIDATES WHO AGREE TO PERSONAL LABELING IN RADIO AND TELEVISION ADS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-107 reads as rewritten:
"§ 163-107. Filing fees required of candidates in primary; alternative filing fees for candidates who agree to personal labeling in radio and television advertising; refunds.
(a)	Regular Fee Schedule. – At the time of filing a notice of candidacy, each candidate shall pay to the board of elections with which he files under the provisions of G.S. 163-106 a filing fee for the office he seeks in the amount specified in the following tabulation: 

Office Sought	   Amount of Filing Fee

Governor 	Ten percent (10%) of
	the annual salary of the office
	sought
Lieutenant Governor	Ten percent (10%) of
	the annual salary of the office
	sought
All State executive offices 	Ten percent (10%) of
	the annual salary of the office
	sought
All Justices, Judges, and  	Ten percent (10%) of
	  District Attorneys of the 	the annual salary of the office
  General Court of Justice	sought
United States Senator 	One percent (1%) of the annual
	salary of the office sought
Members of the United States 	One percent (1%) of the annual
  House of Representatives 	salary of the office sought
State Senator 	Ten percent (10%) of
	the annual salary of the office
	sought
Member of the State House of 	Ten percent (10%) of
  Representatives	the annual salary of the office
sought
All county offices not 	One percent (1%) of the annual
  compensated by fees	salary of the office sought
County commissioners, if 	Ten dollars ($10.00)
  compensated entirely by fees
Members of county board of 	Five dollars ($5.00)
  education, if compensated 
  entirely by fees
Sheriff, if compensated 	Forty dollars ($40.00), plus one
  entirely by fees 	percent (1%) of the income of
	the office above four thousand
	dollars ($4,000)
Clerk of superior court, if 	Forty dollars ($40.00), plus one
  compensated entirely by fees 	percent (1%) of the income of
	the office above four thousand
	dollars ($4,000)
Register of deeds, if 	Forty dollars ($40.00), plus one
  compensated entirely by fees 	percent (1%) of the income of
	the office above four thousand
	dollars ($4,000)
Any other county office, if 	Twenty dollars ($20.00), plus
  compensated entirely by fees	one percent (1%) of the income
of the office above two
thousand dollars ($2,000)
All county offices compensated 	One percent (1%) of the first
	  partly by salary and partly  	annual salary to be received
  by fees	(exclusive of fees)
(a1)	Alternative Fee Schedule. – The following alternative filing fees shall be paid by any candidate for any of the following offices who, pursuant to subsection (a2), voluntarily agrees to the limitations specified in (a2) concerning radio and television advertisements:

Office Sought	    Amount of Filing Fee

Governor	One percent (1%) of the annual
salary of the office sought
Lieutenant Governor	One percent (1%) of the annual
salary of the office sought
All State executive offices	One percent (1%) of the annual
salary of the office sought
All Justices, Judges, and	One percent (1%) of the annual
  District Attorneys of the	salary of the office sought
  General Court of Justice
State Senator	One percent (1%) of the annual
salary of the office sought
Member of the State House of	One percent (1%) of the annual
  Representatives	salary of the office sought.
(a2)	Agreement to Personal Labeling. – The filing fees set out in subsection (a1) of this section, and not those in subsection (a) of this section, shall apply to any candidate for an office listed in subsection (a1) who files with the board of elections with which he is required to file his notice of candidacy an affidavit stating the following: 'I agree that, in any radio or television political advertisement paid for by:
(1)	Me;
(2)	A political committee authorized by me;
(3)	Any agent of (1) or (2); or
(4)	Any other person authorized by (1) or (2) to make such payment
the advertisement shall include an audio statement in which I shall say in my own voice: "I am (candidate's name), a candidate for (the office the candidate is seeking) and I have approved the contents of this advertisement." If the advertisement is on television, I shall make the statement in a full-screen appearance that shows me saying the words.' If the candidate files the affidavit at the time he files his notice of candidacy, the candidate shall pay the fee set out in subsection (a1). If he does not file the affidavit at the time he files his notice of candidacy, he shall pay the fee set out in subsection (a).
(a3)	Certification of Candidate's Affidavit of Agreement. – The chairman of the county board of elections with which an affidavit is filed under subsection (a2) shall forward the affidavit to the State Board of Elections no later than 30 days after the candidate files the affidavit. The county board shall keep a certified copy of the affidavit. The State Board of Elections shall keep as a public record each such affidavit forwarded to it.
(a4)	Affidavit of Compliance. – Every candidate who files an affidavit under subsection (a2) and pays the filing fee set out in subsection (a1) shall, if he has complied with the terms of the agreement set out in subsection (a2), file an affidavit with the State Board of Elections no later than 30 days after the general election stating that he has complied. Any candidate who paid a filing fee under subsection (a1) who does not file an affidavit of compliance with the State Board of Elections no later than 30 days after the general election shall pay to the State Board no later than the next January 7 the difference between the filing fees in subsection (a1) and subsection (a) for the office he sought.
(a5)	Felony for Falsifying Affidavit of Compliance. – Any candidate who fraudulently falsifies an affidavit of compliance set out in subsection (a3) is guilty of a Class I felony. This provision shall be investigated and enforced in the manner proscribed in G.S. 163-278 for the crimes in Article 22 of this Chapter.
(b)	Refund of Fees. – If any person who has filed a notice of candidacy and paid the filing fee prescribed in subsection (a) of this section, withdraws his notice of candidacy within the period prescribed in G.S. 163-106(e), he shall be entitled to have the fee he paid refunded. If the fee was paid to the State Board of Elections, the chairman of that board shall cause a warrant to be drawn on the Treasurer of the State for the refund payment. If the fee was paid to a county board of elections, the chairman of the Board shall certify to the county accountant that the refund should be made, and the county accountant shall make the refund in accordance with the provisions of the County Fiscal Control Act.
If any person files a notice of candidacy and pays a filing fee to a board of elections other than that with which he is required to file under the provisions of G.S. 163-106(e), he shall be entitled to have the fee refunded in the manner prescribed in this subsection if he requests the refund before the date on which the right to file for that office expires under the provisions of G.S. 163-106(e)."
Sec. 2.  G.S. 163-278.16 reads as rewritten:
"§ 163-278.16. Regulations regarding contributions, expenditures and media advertising.
(a)	Except as provided in G.S. 163-278.12, no contribution may be received or expenditure made by or on behalf of a candidate, political committee, or referendum committee:
(1)	Until the candidate, political committee, or referendum committee appoints a treasurer and certifies the name and address of the treasurer to the Board; and
(2)	Unless the contribution is received or the expenditure made by or through the treasurer of the candidate, political committee, or referendum committee.
(b)	to (e) Repealed by Session Laws 1975, c. 565, s. 2.
(f)	No media advertisement of any kind may be made by a treasurer, candidate, political committee, referendum committee or individual unless
(1)	It bears the legend or includes the statement: 'Paid for by (or Sponsored by)   ................................... (Name of  candidate, political committee, referendum committee, individual)';
(2)	The name used in the labeling required in subdivision (1) of this subsection is the name that appears on the statement of organization as required in G.S. 163-278.7(b)(1), provided that this subdivision applies only if the sponsor is a political committee or referendum committee;
(3)	The sponsor states in the media advertisement its position:
a.	For or against the candidate; or
b.	For or against an opposing candidate provided that this subdivision applies only if the media advertisement is made for or against a candidate; and
(4)	The sponsor states in the media advertisement its position for or against the ballot measure; provided this subdivision applies only if the media advertisement is made for or against a ballot measure.
The requirements of subdivisions (3)	and (4) of this subsection do not apply to any print advertisement less than two inches by two inches in size, or to any radio or television advertisement of less than 20 seconds in length.
The media shall not publish or broadcast any political advertisement unless it bears the legend or includes the statement required herein.  For purposes of this subsection, 'media' means broadcasting stations, carrier current stations, newspapers, magazines, periodicals, outdoor advertising facilities, billboards, and newspaper inserts.
The labeling requirements in this section are in addition to any labeling the candidate agrees to place in his advertisement under G.S. 163-107(a2)."
Sec. 3.  This act becomes effective January 1, 1992, and applies to all primaries and elections held on or after that date.