Effective January 1, 2008, GS 138A-22 (d) requires candidates for certain offices to file at the time (or within 10 days after filing) and place of their candidate filing, a Statement of Economic Interest. Offices whose candidates must comply:

Legislators – G.S. 138A-3(22):

• A member or presiding officer of the General Assembly, or a person elected or appointed a member or presiding officer of the General Assembly before taking office.
• For purposes of GS Chapter 138A, the Lieutenant Governor shall be considered a legislator when presiding over the Senate as President pursuant to Sec. 13 of Article II of the Constitution, and a public servant for all other purposes. G.S. 138A-4.

Judicial Officers – G.S. 138A-3(19):

• Justices or Judges of the General Court of Justice
  • Supreme Court Justices
  • Court of Appeals Judges
  • Superior Court Judges
  • District Court Judges
• District Attorneys
• Clerks of Court
• Any person elected or appointed to any of these positions prior to taking office

The Following Public Servants – G.S. 138A-3(30):

• Constitutional Officers of the State, and persons elected or appointed as constitutional officers of the State prior to taking office, (Officers whose offices are established by Article III of the North Carolina Constitution, also known as the "Council of State"):
  • Governor
  • Lt. Governor
  • Secretary of State
  • Auditor
  • Treasurer
  • Superintendent of Public Instruction
  • Attorney General
  • Commissioner of Agriculture & Consumer Services
  • Commissioner of Labor
  • Commissioner of Insurance

File your Statement of Economic Interest (“SEI”). at the same Board of Elections office that you filed for office. A $250 fine can be levied by the State Ethics Commission for failure to file a complete SEI on time. It is a Class 1 misdemeanor to knowingly conceal or fail to disclose information required on the SEI and a Class H felony to disclose false information
Questions concerning a candidate’s obligation to file an SEI should be directed to the State Board of Elections, (919) 733-7173. Questions concerning the completion of the SEI should be directed to the State Ethics Commission, (919) 715-2071.
Note that if you have to file an SEI, you do not have to disclose felony convictions under GS 163-106.      

Every person who is seeking elected office in the State of North Carolina and is a candidate for a statewide, legislative, judicial, county or municipal office becomes a candidate committee.  The committee may only be the candidate, but it is a committee and is subject to the regulations of candidate political committees.  Organizational forms required for the committee must be filed with the Board of Elections office with in 10 days of filing a notice of candidacy or any activity by committee whichever comes first.

Organizing the Committee

Each candidate must file a Statement of Organization (CRO-2100A) that formally names the committee and names a treasurer.  Each committee must have an appointed treasurer (NCGS § 163-278.7) which can be the candidate, or any individual, with the exception of the candidate's spouse.  Each treasurer must receive training from the State Board of Elections within 3 months of appointment and once again every 4 years.  This training can be accomplished by attending in-person training at the office of the State Board of Elections or a regional location across the State or by completing online training.  

For more information on treasurer training offered by the State Board of Elections- click here

Financial Account Statement

Once the Statement of Organization form (CRO-2100A) is completed, the Certification of Financial Account Number Information form (CRO-3500) must be completed.  

Threshold

The committee then needs to determine if they intend to receive and/or spend over $1000.00 on the campaign during the election cycle.  If the committee decides it will not spend or receive over $1000.00 then a Certification of Threshold form (CRO_3600) must be completed.

Organizational Report

If the committee does intend to go over the $1000.00 limit, an Organizational Report will be required detailing all account activity to date.  The report must consist of the Disclosure Report Cover form (CRO-1000) and the Detailed Summary form (CRO-1100).  The Detailed Summary form will let indicate the additional forms that need to be completed with the report.  If an amount is listed on any line on that form, then the form noted on that line must be included.  

All forms may be obtained by contacting this office or by visiting the Campaign Finance section of the State Board of Elections website: www.ncsbe.gov

• Contributions to candidates, political parties, or political action committees may be received from:
  • Known individuals from their personal funds (No joint contributions - must be from an individual)
  • Registered political committees (which may only receive contributions from individuals from personal funds) 
  • From not-for-profit entities promoting social, educational, or political ideas and meeting other specific criteria. (It is unlawful for any corporation or business entity to directly or indirectly contribute to a candidate.  This includes in-kind contributions as well.)
  • Contributions received by a committee by an individual in excess of $50.00 in one election cycle requires full disclosure of the contributors information (name, address, job title, etc.)
• The Act does not facilitate "Pass the Hat" contributions because it specifically prohibits anonymous contributions and requires that any anonymous contributions and contributions made in the name of another received by a candidate or committee shall be turned over to the State Board of Elections for deposit into the NC Civil Penalty and Forfeiture Fund.
• Campaign, political party and other political and referendum committees must register at either the State Board of Elections or the County Board of Elections and file financial disclosure reports. Other entities must disclose contributions or independent expenditures in excess of $100.00 by filing a statement at the appropriate Board of Elections.
• Cash contributions must not exceed $50.00, this includes contributions made by the candidate themselves.  All contributions in excess of $50.00 must be made by check, draft, money order, credit card, debit or other noncash method.  If a cash contribution of more than $50.00 is received by the committee; the amount over $50.00 shall be turned over to the State Board of Elections for deposit into the NC Civil Penalty and Forfeiture Fund.
• Candidate campaign and political party committees may certify that they do not intend to receive or expend more than $1,000.00 and be exempt from filing disclosure reports. Certifying under a $1,000.00 threshold indicates that the campaign or political party committee intends to receive or spend no more than $1,000.00. The certification is for an election cycle - year(s) preceding the election year and the election year.
• Independent expenditures - made without consultation or coordination with a candidate or the candidates agent - to support or oppose the nomination or election of one or more clearly identified candidates are permitted.
• Independent expenditures by an individual or other entity not otherwise required to report them must disclose such expenditures in excess of one hundred dollars ($100.00). A statement showing the expenditure is filed at the appropriate board of elections in the form required by the State Board of Elections. The statement must identify donation of more than one hundred dollars ($100.00) to the filing entity if the donations were to further the independent expenditure.
• Each political advertisement placed in any "media" must bear a "legend" that states who paid for the ad and whether or not it is in support of or in opposition to a candidate or a ballot issue and must be paid for by check.
• Opposition print advertisements by a political party or political committee which identify a candidate that the party or committee is opposing must indicate in type no smaller than 12 point the name of the political party or political committee and the name of the candidates, if any, that are intended to benefit from the printed matter.
• A media broadcasting or publishing advertisement must have a signed authorization for the advertisement that is available for public viewing during regular business hours.
• Each candidate, political committee or referendum committee must retain account records for 2 years after the election.
• Committees continue to file reports according to the election schedule until all funds are disbursed, all loans repaid or reported forgiven, and the committee bank account closed, at which time a Final Report is filed. The designation "Final" may be indicated on any scheduled report, or an additional report may be filed voluntarily.
• Referendum committees receiving any contribution from a corporation, labor union, insurance company, business entity, or professional association may not make any contribution to a candidate or to a political committee.
• "Stand by Your Ad" places new requirements for TV and radio ads and if not met permits civil actions and monetary awards.
• Prosecution and civil action are barred if the committee or entity complies with the opinion of the Executive Secretary-Director of the State Board of Elections.