2007-06-14 - WRITTEN OPINIONS

2007-06-14. WRITTEN OPINIONS

GARY O. BARTLETT

Executive Director

MAILING ADDRESS:

P.O. BOX 27255

RALEIGH, NC 27611-7255

June 14, 2007

Mr. John Wallace

3605 Glenwood Avenue, Suite 240

Raleigh, NC 27612

Re: Request of the Bev Perdue Committee Pursuant to N.C.G.S. § 163-278.23

Dear Mr. Wallace:

I am in receipt of your letter dated June 13, 2007, in which you request an advisory opinion pursuant to N.C.G.S. § 163-278.23 as to whether an executive officer of a principal may contribute to and sponsor a fundraising event for the Bev Perdue Committee during the Session.

As you provide in your letter, the Bev Perdue Committee is a political committee as defined in N.C.G.S. § 163-278.6(14), and is therefore subject to the provisions and regulations of Chapter 163, Article 22A of the North Carolina General Statutes. N.C.G.S. § 163-278.13B provides limitations on fundraising during a regular session of the North Carolina General Assembly. The Bev Perdue Committee would be considered a "limited contributee" as defined in this statute and therefore would be prohibited from receiving contributions from "limited contributors" during the Session. "Limited contributors" have been defined as North Carolina lobbyists, the agent of the lobbyist, the principal of the lobbyist and political committees that employ a lobbyist. Additional provisions contained in the ethics and lobbying statutes provide prohibitions on contributions from lobbyists at other times as well. However, the jurisdiction of the State Board of Elections is to administer Chapter 163, which only speaks to contributions by "limited contributors" during regular sessions of the North Carolina General Assembly.

Given that the executive officer is not a North Carolina Lobbyist or the agent of the lobbyist and is not defined as the principal as provided in N.C.G.S. § 120C-100(11), there would be no prohibition on this individual contributing to the Bev Perdue Committee during the Session. As you have noted, the contributor and Committee would be subject to the contribution limitations of N.C.G.S. § 163-278.13.

This opinion is based upon the facts as stated in your letter of June 13, 2007. If those facts should change, you should evaluate whether this opinion is still applicable and binding. You may wish to contact the ethics and lobbying divisions to ensure they do not have any rulings that would conflict with this opinion. Finally, this opinion will be filed with the Codifier of Rules to be published unedited in the North Carolina Register and the North Carolina Administrative Code.

Sincerely,

North Carolina Register Volume 29, Issue 09, November 3, 2014

Gary O. Bartlett

cc: Julian Mann, III, Codifier of Rules

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