North Carolina Press Services

Campaign Advertising Guidelines

A Quick Guide to Election-related Advertising Laws

Printable PDF, with full text of general statutes

An Updated Guide to Political Advertising - 2007
By C. Amanda Martin, NCPA General Counsel

This is a quick refresher guide of the dos and don’ts of political advertising. The full text of the referenced statutes can be found within the Quick Guide linked above or at www.ncmedialaw.com. Of course, it’s always important to be mindful that when it comes to libel, the same rules of the road apply to advertisements that apply to page one news. So be sure to review the content of ads in addition to point size.

DISCLOSURES

Most political ads must include the statement: "Paid for by __________ [Name of candidate, candidate campaign committee, political party organization, political action committee, referendum committee, individual, or other sponsor]." G.S. § 163-278.39

If an ad supports or opposes the nomination or election of one or more clearly identified candidates, the ad must state if it is authorized by a candidate. This requirement does not apply if the sponsor of the advertisement is the candidate the advertisement supports or that candidate's campaign committee. G.S. § 163-278.39

An ad that opposes a particular candidate must disclose the candidate intended to benefit from the advertisement. This requirement does not apply when the sponsor of the ad does not coordinate or consult about the ad with the candidate who the ad is intended to benefit. G.S. § 163-278.39

The height of these disclosures must be at least five percent (5%) of the height of the printed space of the advertisement. Even if the ad is small, the disclosure must be at least 12 points in size, but if the ad is particularly large, the disclosures need not be more than 28 points in size, even if that is less than five percent of the height. 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. G.S. § 163-278.39

These requirements do not apply to an individual who makes uncoordinated independent expenditures aggregating less than one thousand dollars ($1,000) in a political campaign or to an individual who incurs expenses with respect to a referendum. Advertisements that relate to issues that are not on a ballot are not subject to these requirements at all. G.S. § 163-278.39C

FEES AND PAYMENT

All expenditures for media expenses shall be made by a verifiable form of payment (such as a check). G.S. § 163-278.8(e)

No media may charge a rate for political advertising that is higher than its normal charge for comparable advertising. A newspaper may not charge a rate for political advertising that is higher than the comparable rate charged to other persons of comparable frequency and volume; and every political advertiser shall be entitled to the same discounts under comparable conditions and circumstances. G.S. § 163-278.18

Each media shall require written authority for each expenditure from each candidate, treasurer or individual making or authorizing an expenditure. All such authorizations are deemed public records and copies of said authorizations shall be available for inspection during normal business hours at the office of the publisher. G.S. § 163-278.17

All required records related to political advertising must be retained for at least two years from the date of the election to which such records refer. G.S. § 163-278.35

PROHIBITIONS

After December 31 prior to a general election in which a Council of State office will be on the ballot, no declared candidate for that Council of State office shall use State funds for any advertisement that contains that declared candidate's name or picture except in case of State or national emergency and only if the announcement is reasonably necessary to that candidate's official function. G.S. § 163-278.16A

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