2022 Public Comment Period on Campaign Finance Rules

Submitted by pgannon on Mon, 08/15/2022 - 10:05

Campaign Finance Rules 

The State Board of Elections invites public comment on proposed campaign finance rules addressing processes for North Carolina political committees or referendum committees that fail to file a campaign finance disclosure report by the statutory deadline. Information on the two proposed permanent rules and the amendment to existing rule 08 NCAC 21 .0201, as well as how to submit comments, are available below.

After the public comment period and public hearing, the State Board will adopt final versions of the rules, and the Rules Review Commission will then review them for compliance with the requirements in Chapter 150B.

How to submit a written comment:  

  • By completing the survey below 
  • Email: rulemaking.sboe@ncsbe.gov   
  • Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255

Comment period ends: Friday, October 14, 2022.

Public Hearing: A virtual public hearing will be held at 1 p.m. Monday, September 19, 2022. How to join the public hearing: 

 

Proposed Rule 08 NCAC 21 .0206. Requesting a Waiver of a Civil Late Penalty (PDF). 

Brief description: Proposed Rule 08 NCAC 21 .0206 defines the process by which a candidate or treasurer requests a good cause waiver of a civil late penalty assessed by the State Board under G.S. § 163-278.34. A waiver request shall be filed with the State Board within 60 days of service of the notice of penalty assessment. All waiver requests shall be filed using the State Board’s form and be signed and notarized. The proposed rule also outlines when a waive request may be reconsidered by the State Board. This rule has a proposed effective date of January 1, 2023. 

 

Proposed Rule 08 NCAC 21 .0207. Procedures for Committees with Missing Reports (PDF). 

Brief description: Proposed Rule 08 NCAC 21 .0207 outlines the notices to be provided and the opportunity to submit a written explanation prior to the State Board imposing additional civil remedies under G.S. § 163-278.34(c) for a failing to file a given report. If a political committee or referendum committee fails to file a missing reporting within 30 days of service of the notice of penalty assessment, the State Board shall issue a notice of noncompliance. If the missing report is not filed within 30 days of service of the notice of noncompliance, the committee shall be referred to the State Bord for further action under G.S. § 163-278.34(c). If a committee fails to file the missing report within 30 days of the State Board’s order, the committee’s status shall be changed from active to suspended. While suspended, the committee shall not receive any contributions or make any expenditures except for the payment of any civil penalties or forfeiture. This rule has a proposed effective date of April 1, 2023.

 

Amendment to Rule 08 NCAC 21 .0201. Committee Accounts. 

Brief description: As part of these proposed changes, the State Board is proposing to amend Rule 08 NCAC 21 .0201 to delete language in paragraph (b), elements of which will be modified and incorporated in Rule 08 NCAC 21 .0207. This rule has a proposed effective date of April 1, 2023. 

 

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