A BILL TO BE ENTITLED
AN ACT to amend the definitions of "electioneering communication" and "candidate‑specific communication" to clarify what is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163‑278.80(2) and (3) read as rewritten:
"(2)	The term "electioneering communication" means any broadcast, cable, or satellite communication that has all the following characteristics:
a.	Refers to a clearly identified candidate for a statewide office or the General Assembly and is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate. A communication is susceptible of no other reasonable interpretation if it does any of the following:1.	Refers to the personal qualities, character, or fitness for office of that candidate.
2.	Identifies that candidate's position or stance on an issue and supports or condemns that position.
3.	Supports or condemns that candidate's public record.
b.	Is made within one of the following time periods:
1.	60 days before a general or special election for the office sought by the candidate.
2.	30 days before a primary election or a convention of a political party that has authority to nominate a candidate for the office sought by the candidate.
c.	Is targeted to the relevant electorate.
(3)	The term "electioneering communication" does not include any of the following:
a.	A communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless those facilities are owned or controlled by any political party, political committee, or candidate.
b.	A communication that constitutes an expenditure or independent expenditure under Article 22A of this Chapter.
c.	A communication that constitutes a candidate debate or forum conducted pursuant to rules adopted by the Board or that solely promotes that debate or forum and is made by or on behalf of the person sponsoring the debate or forum.
d.	A communication made while the General Assembly is in session which, incidental to advocacy for or against a specific piece of legislation pending before the General Assembly, urges the audience to communicate with a member or members of the General Assembly concerning that piece of legislation, as long as the communication does not mention an election, candidacy, political party, or challenger and does not take a position on a candidate's character, qualifications, or fitness for office. "
SECTION 2.  G.S. 163‑278.90(2) and (3) read as rewritten:
"(2)	The term "electioneering communication" means any mass mailing or telephone bank that has all the following characteristics:
a.	Refers to a clearly identified candidate for a statewide office or the General Assembly and is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate. A communication is susceptible of no other reasonable interpretation if it does any of the following:1.	Refers to the personal qualities, character, or fitness for office of that candidate.
2.	Identifies that candidate's position or stance on an issue and supports or condemns that position.
3.	Supports or condemns that candidate's public record.
b.	Is made within one of the following time periods:
1.	60 days before a general or special an election for the office sought by the candidate.
2.	30 days before a primary election or a convention of a political party that has authority to nominate a candidate for the office sought by the candidate.
c.	Is targeted to the relevant electorate.
(3)	The term "electioneering communication" does not include any of the following:
a.	A communication appearing in a news story, commentary, or editorial distributed through any newspaper or periodical, unless that publication is owned or controlled by any political party, political committee, or candidate.
b.	A communication that constitutes an expenditure or independent expenditure under Article 22A of this Chapter.
c.	A communication that constitutes a candidate debate or forum conducted pursuant to rules adopted by the Board or that solely promotes that debate or forum and is made by or on behalf of the person sponsoring the debate or forum.
d.	A communication that is distributed by a corporation solely to its shareholders or employees, or by a labor union or professional association solely to its members.
e.	A communication made while the General Assembly is in session which, incidental to advocacy for or against a specific piece of legislation pending before the General Assembly, urges the audience to communicate with a member or members of the General Assembly concerning that piece of legislation, as long as the communication does not mention an election, candidacy, political party, or challenger and does not take a position on a candidate's character, qualifications, or fitness for office."
SECTION 3. G.S. 163‑278.100(1) and (2) read as rewritten:
"(1)	The term "candidate‑specific communication" means any broadcast, cable, or satellite communication that has all the following characteristics:
a.	Refers to a clearly identified candidate for a statewide office or the General Assembly and is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate. A communication is susceptible of no other reasonable interpretation if it does any of the following:1.	Refers to the personal qualities, character, or fitness for office of that candidate.
2.	Identifies that candidate's position or stance on an issue and supports or condemns that position.
3.	Supports or condemns that candidate's public record.
b.	Is made in an even‑numbered year after the final date on which a Notice of Candidacy can be filed for the office, pursuant to G.S. 163‑106(c) or G.S. 163‑323, and through the day on which the general election is conducted, excluding the time period set in the definition for "electioneering communication" in G.S. 163‑278.80(2)b.
c.	Is targeted to the relevant electorate.
(2)	The term "candidate‑specific communication" does not include any of the following:
a.	A communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless those facilities are owned or controlled by any political party, political committee, or candidate.
b.	A communication that constitutes an expenditure or independent expenditure under Article 22A of this Chapter.
c.	A communication that constitutes a candidate debate or forum conducted pursuant to rules adopted by the Board or that solely promotes that debate or forum and is made by or on behalf of the person sponsoring the debate or forum.
d.	A communication made while the General Assembly is in session which, incidental to advocacy for or against a specific piece of legislation pending before the General Assembly, urges the audience to communicate with a member or members of the General Assembly concerning that piece of legislation, as long as the communication does not mention an election, candidacy, political party, or challenger and does not take a position on a candidate's character, qualifications, or fitness for office.
e.	An electioneering communication as defined in Article 22E of this Chapter."
SECTION 4.  G.S. 163‑278.110(1) reads as rewritten:
"(1)	The term "candidate‑specific communication" means any mass mailing or telephone bank that has all the following characteristics:
a.	Refers to a clearly identified candidate for a statewide office or the General Assembly and is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate. A communication is susceptible of no other reasonable interpretation if it does any of the following:1.	Refers to the personal qualities, character, or fitness for office of that candidate.
2.	Identifies that candidate's position or stance on an issue and supports or condemns that position.
3.	Supports or condemns that candidate's public record.
b.	Is made in an even‑numbered year after the final date on which a Notice of Candidacy can be filed for the office, pursuant to G.S. 163‑106(c) or G.S. 163‑323, and through the day on which the general election is conducted, excluding the time period set in the definition for "electioneering communication" in G.S. 163‑278.90(2)b.
c.	Is targeted to the relevant electorate.
(2)	The term "candidate‑specific communication" does not include any of the following:
a.	A communication appearing in a news story, commentary, or editorial distributed through any newspaper or periodical, unless that publication is owned or controlled by any political party, political committee, or candidate.
b.	A communication that constitutes an expenditure or independent expenditure under Article 22A of this Chapter.
c.	A communication that constitutes a candidate debate or forum conducted pursuant to rules adopted by the Board or that solely promotes that debate or forum and is made by or on behalf of the person sponsoring the debate or forum.
d.	A communication that is distributed by a corporation solely to its shareholders or employees or by a labor union or professional association solely to its members.
e.	A communication made while the General Assembly is in session which, incidental to advocacy for or against a specific piece of legislation pending before the General Assembly, urges the audience to communicate with a member or members of the General Assembly concerning that piece of legislation, as long as the communication does not mention an election, candidacy, political party, or challenger and does not take a position on a candidate's character, qualifications, or fitness for office.
f.	An electioneering communication as defined in Article 22F of this Chapter.
g.	A public opinion poll conducted by a newspaper, periodical, or other news gathering organization."
SECTION 5.  This act is effective when it becomes law.