GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 347
AN ACT TO PROVIDE FOR THE ADMINISTRATION OF THE POLITICAL PARTIES FINANCING FUND.
The General Assembly of North Carolina enacts:
Section 1. G.S. 163-278.41 reads as rewritten:
"§ 163-278.41. Appropriations in general election years and other years.
(a) Following the
conclusion of the last primary or nominating convention held by a political
party in a general election year in which a presidential election is held, the
State chairman of that political party may apply to the State Treasurer Board
of Elections (State Board) for the disbursement of all funds deposited with
the State Treasurer on behalf of such party in the North Carolina Political
Parties Financing Fund. Fund (Political Parties Fund) to be
administered by the State Board of Elections and in which shall be placed money
contributed by taxpayers, as provided in G.S. 105-159.1. Upon receipt of
such application, the State Treasurer Board shall forthwith, and
every 30 days thereafter, pay over to said chairman all funds currently held by
him the State Treasurer on behalf of said chairman's political
party, but provided that all such payments shall cease 30 days after the State
Board of Elections has certified all of the results of the general election to
the Secretary of State. Additionally and upon receipt of such application, the
State Treasurer Board shall pay over to the said chairman all
funds currently held by the State Treasurer in the 'Presidential Election Year
Candidates Fund' of that party, which funds shall be allocated and disbursed
during the presidential election year by the same procedure as the funds
received from the Political Parties Fund are allocated. Any remaining funds of
the political party in the hands of the State Treasurer shall thereafter be
held by him until eligible for distribution pursuant to this section.
(b) Following the
conclusion of the last primary or nominating convention held by a political
party in a general election year in which there is not a presidential election,
the State chairman of the political party may apply to the State Treasurer Board
for the disbursement of all funds deposited on behalf of such party in the
Political Parties Fund. Upon receipt of such application, the State Treasurer
Board shall forthwith, and every 30 days thereafter, pay over to
said chairman all funds currently held by him the State Treasurer on
behalf of said chairman's political party provided that all such payments to
the said chairman shall cease 30 days after the State Board of Elections has
certified all of the results of the general election to the Secretary of State.
Any remaining funds of the political party in the hands of the State Treasurer
shall thereafter be held by him until eligible for distribution pursuant to
this section.
(c) In each year in which
no general election is held, each State chairman of a political party on behalf
of which funds have been deposited in the Political Parties Fund may, on or
between August 1 and September 1 thereof, apply to the State Treasurer Board
for payment of an amount not to exceed fifty percent (50%) of the then available
funds credited to the account of his party. Upon receipt of such application,
the State Treasurer Board shall pay over to said State chairman
an amount not to exceed fifty percent (50%) of the then available funds
credited to the account of his party. Additionally and upon receipt of such
application, the State Treasurer Board shall direct the State
Treasurer to place fifty percent (50%) of the said available funds in a
separate interest bearing account to be known as the 'Presidential Election
Year Candidates Fund of the (name of the party) Party' to be disbursed in
accord with the provisions of subsection (a) above. Any remaining funds of the
political party in the hands of the State Treasurer shall thereafter be held by
him until eligible for distribution by the State Board pursuant to this
section. Any interest earned on the funds deposited by the State Treasurer in
such Presidential Election Year Campaign Fund shall be credited thereto."
Sec. 2. G.S. 163-278.43 is amended by adding a new subsection to read:
"(c1) The State Board shall review each application and certify that the political party is eligible to receive the funds requested. The State Board shall establish rules for the administration and enforcement of this Article."
Sec. 3. G.S. 105-159.1 (a) reads as rewritten:
"(a) Every individual whose income tax liability for the taxable year is one dollar ($1.00) or more may designate on his or her income tax return that one dollar ($1.00) of the amount of tax paid by him or her to the Department shall be paid by the Secretary to the State Board of Elections for deposit with the State Treasurer for the use of all political parties upon a pro rata basis according to their respective party voter registrations according to the most recent certification of the State Board of Elections; Provided, however, that no political party with less than one percent (1%) of the total number of registered voters in the State shall receive any of these funds, and the registration of such a party shall not be included in calculating the pro rata distribution. As used in this section, the term 'political party' means a political party which at the last preceding general State election received at least ten percent (10%) of the entire vote cast in the State for Governor or for presidential electors, or a group of voters who by July 1 of the preceding calendar year, by virtue of a petition as a new political party, had duly qualified as a new political party within the meaning of Chapter 163 of the General Statutes."
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 20th day of June, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives