GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

 

 

SESSION LAW 2010-100

HOUSE BILL 1136

 

 

AN ACT to permit the personal representative of a deceased candidate who did not file a written designation prior to death to file such written designation within ninety days of death.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 163-278.16B(c) reads as rewritten:

"(c)       Contributions made to a candidate or candidate campaign committee do not become a part of the personal estate of the individual candidate. The candidate may file with the board a written designation of those funds that directs to which of the permitted uses in subsection (a) of this section they those funds shall be paid in the event of the death or incapacity of the candidate. If the candidate fails to file the written designation before death, the personal representative of the estate may file the written designation within 90 days of the date of death, and may only direct those funds to donations under subdivision (a)(3) of this section. After the payment of permitted outstanding debts of the account, the candidate's filed written designation shall control. If the candidate files no such written designation, the funds after payment of permitted outstanding debts shall be distributed in accordance with subdivision (a)(8) of this section."

SECTION 2.  This act is effective when it becomes law.  For any candidate campaign committee that is in active status with the State Board of Elections as of the date this act becomes law, the personal representative of the estate may file the written designation within 90 days of the day this act receives preclearance under section 5 of the Voting Rights Act.

In the General Assembly read three times and ratified this the 9th day of July, 2010.

 

 

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

 

 

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Beverly E. Perdue

                                                                         Governor

 

 

Approved 3:12 p.m. this 20th day of July, 2010