Authorization For Political Advertising In Above Newspaper Form

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

Basic Requirements. – It shall be unlawful for any sponsor to sponsor an advertisement in the print media or

(a)

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. 163-278.12C(a).

(3)

Repealed by Session Laws 2001-353, s. 5, effective August 10, 2001.

(4)

The sponsor states in the advertisement its position for or against a ballot measure, provided that this

subdivision applies only if the advertisement is made for or against a ballot measure.

(5)

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.

(6)

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.

(7)

In a print media advertisement supporting or opposing the nomination or election of one or more

clearly identified candidates that is an independent expenditure, the sponsor discloses the names of

the individuals or persons making the five largest donations to the sponsor within the six-month

period prior to the purchase of the advertisement if those donations are required to be reported under

G.S. 163-278.12.

(8)

In a print media advertisement that is an electioneering communication, the sponsor discloses the

names of the individuals or person making the five largest donations to the sponsor within the

six-month period prior to the purchase of the advertisement if those donations are required to be

reported under G.S. 163-278.12C.

If an advertisement described in this section is jointly sponsored, the disclosure statement shall name all the sponsors.

Size Requirements. – In a print media advertisement covered by subsection (a) of this section, the height of all

(b)

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. 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.

Misrepresentation of Authorization. – Notwithstanding G.S. 163-278.27(a), any candidate, candidate

(c)

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.)

Authorization For Political Advertising In Above Newspaper Form - North Carolina Page 2

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