WRITTEN OPINION - 2000-02-17. WRITTEN OPINIONS  


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  • STATE BOARD OF ELECTIONS

    133 Fayetteville Street Mail

    Suite 100

    Raleigh, North Carolina 27601

     

     

     

    GARY 0. BARTLETT                                                                                                                                                               Mailing Address:

    Executive Secretary‑Director                                                                                                                                                       P.O. Box 2129

                                                                                                                                                                                                        Raleigh, NC 27602

                                                                                                                                                                                                             (919) 733‑7173

                                                                                                                                                                                                     Fax (919) 715‑0135

    February 17, 2000

     

    Mr. Ray C. Tutterow, Advertising Director

    Davie County Enterprise Record

    Post Office Box 99

    Mocksville, North Carolina 27028

     

                                                    Re: Campaign Advertising

     

    Dear Mr. Tutterow:

     

    Your letter asks several questions about disclosure for the media advertisement portion of the 1999 Campaign Reform Act. You seek an opinion pursuant to G.S. 163‑278.23 because you are a candidate for Davie County Register of Deeds.

     

    After careful review by staff and counsel with the General Assembly and the Office of the Attorney General, the undersigned officer offers the following answers to your questions and provides the attached opinion.

     

    The answer to your first question is yes. All advertisements in the print media require disclosure in the form of a "legend" or the statement: "Paid for by _____(Name of candidate, candidate campaign committee, political party organization, political action committee, referendum committee, individual, or other sponsor)." The legend must be 5% of the height of the printed space of the advertisement, but can be no smaller than 12 point type (This is 12 point type).

     

    The second question has several parts. In answer to the first part: small "business" or "pahn" cards require a legend if the card includes support or opposition to clearly identified candidates or the candidates of a clearly identified political party. A card of any size that expressly advocates the election or defeat of a candidate must have a legend that is 5% of the height of the card, but no smaller than 12 point type.

     

    The final part of the second question asks about posters displayed in yards and in windows. Yard signs and window signs (approximately 14 x 22 inches), and barn signs (3 x 5 foot or similarly sized, posters used on the sides of buildings, on walls, etc., generally without paying rental costs) are not considered media advertisements and do not require a legend.

     

    Campaign paraphernalia such as balloons, bumper stickers, shopping bags, and nail files, etc., imprinted with a campaign message are not considered media advertisements and do not require a legend.

     

    I trust these answers and the opinion provide the information you are seeking. Do not hesitate to contact this office any time you have questions.

     

                                                                                                                                    Sincerely,

     

     

                                                                                                                                    Gary 0. Bartlett

                                                                                                                                    Executive Secretary‑Director