§ 163-278.13. Limitation on contributions.
§ 163‑278.13. Limitation on contributions.
(a) No individual,political committee, or other entity shall contribute to any candidate or otherpolitical committee any money or make any other contribution in any election inexcess of four thousand dollars ($4,000) for that election.
(b) No candidate orpolitical committee shall accept or solicit any contribution from anyindividual, other political committee, or other entity of any money or anyother contribution in any election in excess of four thousand dollars ($4,000)for that election.
(c) Notwithstanding theprovisions of subsections (a) and (b) of this section, it shall be lawful for acandidate or a candidate's spouse, parents, brothers and sisters to make acontribution to the candidate or to the candidate's treasurer of any amount ofmoney or to make any other contribution in any election in excess of fourthousand dollars ($4,000) for that election.
(d) For the purposes ofthis section, the term "an election" means any primary, secondprimary, or general election in which the candidate or political committee maybe involved, without regard to whether the candidate is opposed or unopposed inthe election, except that where a candidate is not on the ballot in a secondprimary, that second primary is not "an election" with respect tothat candidate.
(d1) Notwithstandingsubsections (a) and (b) of this section, a candidate or political committee mayaccept a contribution knowing that the contribution is to be reimbursed to theentity making the contribution and knowing the candidate or political committeehas funds sufficient to reimburse the entity making the contribution if all ofthe following conditions are met:
(1) The entity submitssufficient information of the contribution to the candidate or politicalcommittee for reimbursement within 45 days of the contribution.
(2) The candidate orpolitical committee makes a reimbursement to the entity making the contributionwithin seven days of submission of sufficient information.
(3) The candidate orpolitical committee indicates on its report under G.S. 163‑278.11 thatthe good, service, or other item resulting in the reimbursement is anexpenditure of the candidate or political committee, and notes if thecontribution was by credit card.
(4) The contributiondoes not exceed one thousand dollars ($1,000.00).
(d2) Any contribution, orportion thereof, made under subsection (d1) of this section that is notsubmitted for reimbursement in accordance with subsection (d1) of this sectionshall be treated as a contribution for purposes of this section. Anycontribution, or portion thereof, made under subsection (d1) of this sectionthat is not reimbursed in accordance with subsection (d1) of this section shallbe treated as a contribution for purposes of this section.
(e) Except as providedin subsections (e2), (e3), and (e4) of this section, this section shall notapply to any national, State, district or county executive committee of anypolitical party. For the purposes of this section only, the term"political party" means only those political parties officiallyrecognized under G.S. 163‑96.
(e1) No referendumcommittee which received any contribution from a corporation, labor union,insurance company, business entity, or professional association may make anycontribution to another referendum committee, to a candidate or to a politicalcommittee.
(e2) In order to makemeaningful the provisions of Article 22D of this Chapter, the followingprovisions shall apply with respect to candidates for justice of the SupremeCourt and judge of the Court of Appeals:
(1) No candidate shallaccept, and no contributor shall make to that candidate, a contribution in anyelection exceeding one thousand dollars ($1,000) except as provided forelsewhere in this subsection.
(2) A candidate mayaccept, and a family contributor may make to that candidate, a contribution notexceeding two thousand dollars ($2,000) in an election if the contributor isthat candidate's parent, child, brother, or sister.
(3) Repealed by SessionLaws 2008‑150, s. 7(a), effective August 2, 2008.
As used in this subsection,"candidate" is also a political committee authorized by the candidatefor that candidate's election. Nothing in this subsection shall prohibit acandidate or the spouse of that candidate from making a contribution or loansecured entirely by that individual's assets to that candidate's own campaign.
(e3) Notwithstanding theprovisions of subsections (a) and (b) of this section, no candidate forsuperior court judge or district court judge shall accept, and no contributorshall make to that candidate, a contribution in any election exceeding onethousand dollars ($1,000), except as provided in subsection (c) of thissection. As used in this subsection, "candidate" is also a politicalcommittee authorized by the candidate for that candidate's election. Nothing inthis subsection shall prohibit a candidate or the spouse of that candidate frommaking a contribution or loan secured entirely by that individual's assets tothat candidate's own campaign.
(e4) In order to makemeaningful the provisions of the North Carolina Voter‑Owned ElectionsAct, as set forth in Article 22J of this Chapter, no candidate for an officesubject to that Article shall accept, and no contributor shall make to thatcandidate, a contribution during the period beginning 21 days before the day ofthe general election and ending the day after the general election if thatcontribution causes the candidate to exceed the "trigger for matchingfunds" defined in G.S. 163‑278.96(17). As used in this subsection,the term "candidate" also includes "candidate campaigncommittee" as defined in G.S. 163‑278.38Z(3). Nothing in thissubsection shall prohibit a candidate from making a contribution or loansecured entirely by that candidate's assets to that candidate's own campaign orto a political committee, the principal purpose of which is to support thatcandidate's campaign. This subsection applies with respect to a candidate onlyif both of the following statements are true regarding that candidate:
(1) That candidate isopposed in the general election by a certified candidate as defined in Article22J of this Chapter.
(2) That certifiedcandidate has not received the maximum matching funds available under G.S. 163‑278.99B(c).
The recipient of acontribution that apparently violates this subsection has three days to returnthe contribution or file a detailed statement with the State Board of Electionsexplaining why the contribution does not violate this subsection.
(e5) The contribution limitsof subsections (a) and (b) of this section do not apply to contributions madeto an independent expenditure political committee. For purposes of thissection, an "independent expenditure political committee" is apolitical committee whose treasurer makes and abides by a certification to theState Board of Elections that the political committee does not and will notmake contributions, directly or indirectly, to candidates or to politicalcommittees that make contributions to candidates. The State Board of Electionsshall provide forms for implementation of this subsection. This subsectionshall not apply to a candidate or a political committee controlled by acandidate. The exception of this subsection is in addition to any otherexception provided by law.
(f) Any individual,candidate, political committee, referendum committee, or other entity thatviolates the provisions of this section is guilty of a Class 2 misdemeanor. (1973, c. 1272, s. 1; 1979,c. 1073, ss. 8, 20; 1981, c. 225; 1987, c. 565, s. 15; 1993, c. 539, s. 1113;1994, Ex. Sess., c. 24, s. 14(c); 1997‑515, s. 8(a); 1999‑31, s.5(c); 2002‑158, s. 2; 2006‑192, ss. 15, 16, 17; 2007‑391, s.36; 2007‑484, s. 43.8(c); 2007‑510, s. 1(c); 2007‑540, ss. 2,3; 2008‑150, ss. 6(c), 7(a); 2008‑187, s. 33(a).)