North Carolina General Statutes
Article 22A - Regulating Contributions and Expenditures in Political Campaigns.
§ 163-278.39 - Basic disclosure requirements for all political advertisements.

163-278.39. Basic disclosure requirements for all political advertisements.
(a) Basic Requirements. - It shall be unlawful for any sponsor to sponsor an advertisement in the print media or on radio or television that constitutes an expenditure, independent expenditure, electioneering communication, or contribution required to be disclosed under this Article unless all the following conditions are met:
(1) It bears the legend or includes the statement: "Paid for by ____ [Name of candidate, candidate campaign committee, political party organization, political action committee, referendum committee, individual, or other sponsor]." In television advertisements, this disclosure shall be made by visual legend.
(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) or G.S. 163-278.12(a).
(3) In a print media advertisement supporting or opposing the nomination or election of one or more clearly identified candidates, the sponsor states whether it is authorized by a candidate. The visual legend in the advertisement shall state either "Authorized by [name of candidate], candidate for [name of office]" or "Not authorized by a candidate." This subdivision does not apply if the sponsor of the advertisement is the candidate the advertisement supports or that candidate's campaign committee.
(4) In a print media advertisement that identifies a candidate the sponsor is opposing, the sponsor discloses in the advertisement the name of the candidate who is intended to benefit from the advertisement. This subdivision applies only when the sponsor coordinates or consults about the advertisement or the expenditure for it with the candidate who is intended to benefit.
If an advertisement described in this section is jointly sponsored, the disclosure statement shall name all the sponsors.
(b) Size Requirements. - In a print media advertisement covered by subsection (a) of this section, the height of all disclosure statements required by that subsection shall constitute at least five percent (5%) of the height of the printed space of the advertisement, provided that the type shall in no event be less than 12 points in size. In an advertisement in a newspaper or a newspaper insert, the total height of the disclosure statement need not constitute five percent of the printed space of the advertisement if the type of the disclosure statement is at least 28 points in size. If a single advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face. In a television advertisement covered by subsection (a) of this section, the visual disclosure legend shall constitute four percent (4%) of vertical picture height in size, and where the television advertisement that appears is paid for by a candidate or candidate campaign committee, the visual disclosure legend shall appear simultaneously with an easily identifiable photograph of the candidate for at least two seconds. In a radio advertisement covered by subsection (a) of this section, the disclosure statement shall last at least two seconds, provided the statement is spoken so that its contents may be easily understood.
(c) Misrepresentation of Authorization. - Notwithstanding G.S. 163-278.27(a), any candidate, candidate campaign committee, political party organization, political action committee, referendum committee, individual, or other sponsor making an advertisement in the print media or on radio or television bearing any legend required by subsection (a) of this section that misrepresents the sponsorship or authorization of the advertisement is guilty of a Class 1 misdemeanor. (1999-453, s. 2(a); 2001-317, s. 1; 2001-353, s. 5; 2010-170, s. 8; 2013-381, ss. 44.2, 56.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 163 - Elections and Election Laws

Article 22A - Regulating Contributions and Expenditures in Political Campaigns.

§ 163-278.5 - Scope of Article; severability.

§ 163-278.6 - Definitions.

§ 163-278.7 - Appointment of political treasurers.

§ 163-278.7A - Gifts from federal political committees.

§ 163-278.8 - Detailed accounts to be kept by political treasurers.

§ 163-278.8A - Campaign sales by political party executive committees.

§ 163-278.8B - Affiliated party committees.

§ 163-278.8C - Council of State affiliated party committees.

§ 163-278.9 - Statements filed with Board.

§ 163-278.9A - Statements filed by referendum committees.

§ 163-278.10 - Procedure for inactive candidate or committee.

§ 163-278.10A - Threshold of $1,000 for financial reports for certain candidates.

§ 163-278.11 - Contents of treasurer's statement of receipts and expenditures.

§ 163-278.12 - Special reporting of contributions and independent expenditures.

§ 163-278.12C - Special reporting of electioneering communications.

§ 163-278.13 - Limitation on contributions.

§ 163-278.13B - Limitation on fund-raising during legislative session.

§ 163-278.13C - Campaign contributions prohibition.

§ 163-278.14 - No contributions in names of others; no anonymous contributions; contributions in excess of fifty dollars; no contribution without specific designation of contributor.

§ 163-278.14A - Evidence that communications are "to support or oppose the nomination or election of one or more clearly identified candidates."

§ 163-278.15 - No acceptance of contributions made by corporations, foreign and domestic, or other prohibited sources.

§ 163-278.16 - Regulations regarding timing of contributions and expenditures.

§ 163-278.16A - Restriction on use of State funds by declared candidate for Council of State for advertising or public service announcements using their names, pictures, or voices.

§ 163-278.16B - Use of contributions for certain purposes.

§ 163-278.17 - Statements of media outlets regarding political advertising.

§ 163-278.18 - Normal commercial charges for political advertising.

§ 163-278.19 - Violations by corporations, business entities, labor unions, professional associations and insurance companies.

§ 163-278.19A - Contributions allowed.

§ 163-278.19B - Political party headquarters building funds.

§ 163-278.21 - Promulgation of policy and administration through State Board of Elections.

§ 163-278.22 - Duties of State Board.

§ 163-278.23 - Duties of Executive Director of State Board.

§ 163-278.24 - Statements examined within four months.

§ 163-278.25 - Issuance of declaration of nomination or certificate of election.

§ 163-278.26 - Appeals from State Board of Elections; early docketing.

§ 163-278.27 - Criminal penalties; duty to report and prosecute.

§ 163-278.28 - Issuance of injunctions; special prosecutors named.

§ 163-278.29 - Compelling self-incriminating testimony; individual so testifying excused from prosecution.

§ 163-278.30 - Candidates for federal offices to file information reports.

§ 163-278.32 - Statements under oath.

§ 163-278.33 - Applicability of Article 22.

§ 163-278.34 - Civil penalties.

§ 163-278.34A - Presumptions.

§ 163-278.35 - Preservation of records.

§ 163-278.37 - County boards of elections to preserve reports.

§ 163-278.38 - Effect of failure to comply.

§ 163-278.38Z - Definitions.

§ 163-278.39 - Basic disclosure requirements for all political advertisements.

§ 163-278.39B - Recodified as G.S163-278.38Z by Session Laws 2004-203, s12(a), effective August 17, 2004.

§ 163-278.39C - Scope of disclosure requirements.

§ 163-278.40 - Definitions.

§ 163-278.40A - Organizational report.

§ 163-278.40B - Campaign report; partisan election.

§ 163-278.40C - Campaign report; nonpartisan election and runoff.

§ 163-278.40D - Campaign report; nonpartisan primary and elections.

§ 163-278.40E - Campaign report; nonpartisan plurality.

§ 163-278.40F - Form of report.

§ 163-278.40G - Content.

§ 163-278.40H - Notice of reports due.

§ 163-278.40I - Part 1 to apply.

§ 163-278.40J - Other committees report by municipal schedule.