Numbered Memo 2018-01: Candidate Filing Reminders

Next week, candidate filing will be affected by changes resulting from legislation and litigation.

Author: Kim Strach, Executive Director

As a result of legislation and litigation, there are changes that will impact candidate filing next week. As you make your final preparations, please review the following information and let us know if you have any questions.

Voting Systems Accessibility

To assist with the voice pronunciations for the accessible voting systems, please have your candidates record the name as it will appear on the ballot. You may use Windows software like “Voice Recorder” that comes standard with Windows 10 to make the recordings. You may also use a mobile app like Voice Memos (iPhone) or something similar for an Android phone.

  • Save the recordings here: \CountyUploads_SBE\2018\20180508_Primary\VotingSystemsAccessibility
  • Save with the following format: [CandidateLastName]_[CandidateFirstName]_ [County]_[ContestName]_[Contest District, if applicable]
    • Example: Doe_John_Alamance_BoardofCommissioners_1

Candidate Email List

With each election, we increasingly receive public record requests to receive candidate email addresses. To assist with these requests, we have created a survey to capture the information: [Link no longer active].

You may either setup a special station as part of your candidate filing process to have your candidates complete the survey or you can complete the survey using candidates’ completed Notice of Candidacy. It is okay to complete a survey at the end of each business day. We will share the list on our website. The list will be placed here: Candidate Filing: 2018 Elections | NCSBE Public Files.

Legislative Candidate Filing

Candidates running in new State House or new State Senate districts are not required to meet the ordinary, one-year residency requirement. The District Court established that candidates in redrawn districts have until the close of candidate filing to establish residency. See Order, Covington, et al., v. State of North Carolina, et al., 1:15-CV-399 (M.D.N.C. July 31, 2017), at Paragraph 6. Thus, if a district was redrawn in any way, the candidate can file, even if she has only just moved to the district. If you are unsure about whether a district has been changed, please contact us before filing begins on Monday.

If a district was not redrawn, then the regular constitutional one-year residency requirement will apply.

If a county has not applied new district changes, the county can use the address look-up tool online: [Link no longer active].

Judicial Candidates

Candidates for Supreme Court justice, Court of Appeals judge, Superior Court judge and District Court judge will file with the State Board in June. See Order, NC Democratic Party, et al., v. Berger, et. al., No. 18-1150 (4th Cir. Feb. 9, 2018) (reversing partial stay entered by district court).

Disclosure Reminders

Campaign Finance

The following information contains important reminders for candidates to help ensure compliance with campaign finance requirements:

  1. Ensure that the candidate has an open, active campaign committee. Each candidate must register a committee, even if they only intend to spend their personal funds or do not intend to accept any contributions or make any expenditures other than their filing fee.
    • If the candidate already has an active committee, ask them if they need to make any changes to their Statement of Organization (address changes, treasurer changes, return to active status, etc.) and make sure all required forms have been received.
    • If the candidate does not have an active committee, give him/her the appropriate forms (see the next two bullets, below) and explain the importance of filing them timely. All forms must be filed within 10 days of any of the following actions, whichever occurs first: filing for office, making a public announcement of their candidacy, or accepting contributions or other things of value or making expenditures in support of their candidacy.
    • Under Threshold — Candidates for NC House and NC Senate are not eligible for this option. If the candidate needs to register a committee, and they do not intend to exceed $1,000 in contributions or expenditures, including expenditures from the candidate’s personal funds, then the committee should file the following:
      • Statement of Organization (CRO-2100A); and
      • Certification of Treasurer (CRO-3100); and
      • Certification of Threshold (CRO-3600); and
      • Certification of Financial Account Information (CRO-3500). This form is a confidential document and should not be placed or stored in the public file. (forward this original to the State Board)
      • Candidate Designation of Committee Funds (CRO-3900). This form is not mandatory but is strongly recommended. (forward this original to the State Board)
    • Over Threshold — If the candidate needs to register a committee, and they intend to exceed $1,000 in contributions or expenditures, including expenditures from the candidate’s personal funds, or if they are a candidate for NC House or NC Senate regardless of the intended amount of contributions/expenditures, then the committee should file the following:
      • Statement of Organization (CRO-2100A); and
      • Certification of Treasurer (CRO-3100); and
      • Certification of Financial Account Information (CRO_3500). This form is a confidential document and should not be placed or stored in the public file. (forward this original to the State Board)
      • Candidate Designation of Committee Funds (CRO-3900). This form is not mandatory but is strongly recommended. (forward this original to the State Board)
      • Organizational Report: forms CRO-1000, CRO-1100, CRO-1210 and CRO-1310. If the candidate made or accepted any loans for his/her campaign, the report should also include forms CRO-1410 and CRO6100.
    • Mandatory e-filing. G.S. § 163-278.9(j)(4) requires a committee to file electronically if it has a cumulative total more than $10,000 in contributions, loans, or expenditures during an election cycle. Candidates for statewide office, and other committees making contributions, expenditures or independent expenditures that affect contests for statewide office, have a $5,000 threshold for e-filing. (If you know or expect that a committee may exceed $10,000, forward a copy of that committee’s Statement of Organization to the State Board)
    • Legislative Candidates — If the candidate is running for NC House or NC Senate, please follow these steps:
      • Follow Election Setup instructions; and
      • Direct the candidate to mail the committee paperwork directly to the State Board if they do not submit them to your office at the time of filing; and
      • Advise the candidate that all future campaign finance reports must be filed with the State Board office.
      • If the candidate submits their committee paperwork to your office at the time of filing, then your office must mail all original forms except for the Notice of Candidacy directly to the State Board within two business days of the date of filing.
      • Provide each legislative candidate with the enclosed SEI Newsletter. All forms and form groups on our website have been updated for your use during filing.
  2. Provide each candidate with the enclosed “Littering Statutes for Political Candidates in NC” handout.
  3. Provide each candidate with the enclosed “Mandatory Compliance Training” schedule and registration instructions. Inform all candidates that their treasurers must receive treasurer training within three months.

Statement of Economic Interest (SEI)

  • Which candidates that file notices of candidacy with you must file an SEI?
    • 2018 candidates for:
      • N.C. Senate
      • N.C. House
      • Clerk of Court
  • What needs to be filed?
    • A signed, original 2018 Candidate Statement of Economic Interest form. The form includes disclosure about the candidate and members of their immediate family. The form may be filed electronically or on a paper form mailed or hand delivered to the State Board.
  • When does the Candidate SEI have to be filed?
    • No later than March 12, 2018. The 2018 Candidate SEI must be filed within 10 days of the close of the filing period. This means that, for candidates who file it February, the SEI may be filed between Feb. 12 and March 12, 2018.
  • Where are Candidate SEIs to be filed?
    • The SEI must be filed with the State Board.
  • Which SEI form is the candidate required to file?
    • 2018 Candidate SEI No Change Form:
      • If the candidate filed a 2017 SEI and has had no changes since the 2017 filing.
    • 2018 Candidate SEI Long Form, if either:
      • The candidate filed the 2017 SEI but has had changes since the 2017 filing; or
      • The candidate is a first time SEI filer.
  • How does a candidate file an SEI?
    • Electronic filing:
      • The State Board encourages candidates to complete the form online and file electronically using the information below:
        • Instructions on how to create and obtain an NCID.
        • Login.
        • Chose the correct 2018 Candidate SEI form.
        • Follow the directions to complete the form.
        • Click on “Submit” at the end.
        • Print a copy.
        • Receipt of emailed confirmation = completion of filing.
      • Manual filing on a paper form:
        • Go to ethics.ncbe.gov [link no longer active].
        • Click on N.C. Ethics Commission Administration.
        • Go to Statement of Economic Interest tab for the dropdown menu.
        • Click on Candidate Filers — this will bring the candidate to the SEI Instructions and Form.
        • Print the correct Candidate SEI form.
        • Candidate must complete the form by hand.
        • Sign.
        • Mail or deliver the original signed form to the State Board.
        • Candidate should keep a copy for their records.
  • Should candidates print or make a copy of their Candidate SEI to keep for their records prior to filing it with the State Board?
    • Yes; remember that if a candidate files manually, the original Candidate SEI with the candidate’s original signature must be filed with the State Board.
  • Who helps the candidate if there are questions about completing the form?
    • Candidates should be directed to the Disclosure section of the State Board at (919) 814-3600 for assistance completing the form.
  • Should I instruct N.C. House, N.C. Senate and Clerk of Court candidates to file their Candidate SEIs with the State Board?
    • Yes. These SEIs must be filed directly with the State Board,
  • Are Candidate SEIs required to be notarized?
    • No. Only an original signature is required.

Questions

We will also be conducting candidate filing at our office so if you have any questions during the filing period, please put in a Help Desk ticket so we can ensure your questions get answered promptly.

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