State Board of Elections proposes new campaign finance rules

The North Carolina State Board of Elections (SBE) has proposed a series of campaign finance rules and amendments. Brief summaries of the proposals are below, along with information on how to make a public comment. Those comments are collected by SBE staff, who will present them to board members before the board votes on the proposals.

Building Funds

State law allows political party committees to establish headquarters building funds and establishes rules for those funds. The proposed rules would require parties to establish separate committees for those funds and would disallow commingling building funds with other party committee funds.

All contributions to the building fund are subject to public disclosure, except for those under $50 per election period. Primaries, second primaries, and general elections are considered separate elections under GS 163‑278.13.(e), so, presumably, that is a functional limit on anonymous donations to building funds of $100 every two years since building funds would never be subject to second primaries. Contributions to building funds in excess of $50 must be made in traceable forms (no cash).

Here is a link to the proposed rules for headquarters building funds. Here is how you can provide the SBE with your public comment (Deadline: Monday, August 31):

  • Online: Public Comment Portal: 2026 Building Funds Rules
  • Email: [email protected] (Specify that you are commenting on the proposed building fund rules.)
  • In-Person Public Hearing: 10 a.m. Aug. 3, 2026, in the Board Room at the State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603.  
  • Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Specify that you are commenting on the proposed building fund rules.)

Campaign Finance Complaints and Investigations

These proposed rules address election officials’ conduct after they receive a complaint alleging a violation of campaign finance law. The proposed rules would replace the guidance the SBE established in 2019.

Upon receiving a complaint, SBE staff must complete a preliminary investigation within 120 days, followed by a formal investigation if the preliminary investigation “establishes reason to believe that a respondent may have engaged in conduct that could result in the issuance of a civil penalty” under state law. The rules do not establish a time limit on the formal investigation.

Complaints and other documents related to the investigation are “confidential and shall not be made available for public inspection or copying until the investigation is concluded.” That is a continuation of the current policy under state law (GS 163-278.22(7)). Of course, nothing prevents the person who submitted the complaint from making it public.

You can find more details on the proposal at the Carolina Journal.

Here is a link to the proposed rules for campaign finance complaints and investigations. Here is how you can provide the SBE with your public comment (Deadline: Monday, August 31):

  • Online: Public Comment Portal: 2026 Campaign Finance Complaints and Investigations Rules
  • Email: [email protected] (Specify that you are commenting on the proposed campaign finance complaints and investigations rules.)
  • In-Person Public Hearing: 10 a.m. Aug. 3, 2026, in the Board Room at the State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603.  
  • Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Specify that you are commenting on the proposed campaign finance complaints and investigations rules.)

Certification of Threshold Rule Amendment

Party and local candidate committees may request an exemption from filing campaign finance reports if they intend to accept or spend less than $1,000 in an election. The proposed change would shift the deadline for a committee to submit the exemption certification from January 31 to March 31.

Here is a link to the proposed certification of the threshold limit amendment. Here is how you can provide the SBE with your public comment (Deadline: Monday, August 31):

  • Online: Public Comment Portal: Threshold Rules Amendment
  • Email: [email protected] (Specify that you are commenting on the proposed certification of threshold rule amendment.)
  • In-Person Public Hearing: 10 a.m. Aug. 3, 2026, in the Board Room at the State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603.  
  • Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Specify that you are commenting on the proposed certification of threshold rule amendment.)

Waiver Rule Amendment

North Carolina law assesses “civil penalties” (fines) for committees that file campaign finance reports late. Committees may request a waiver of those penalties. The proposed change would allow SBE staff to grant waivers under certain circumstances (as listed in the proposal text; see the link below). All other waiver requests would be reviewed by the board.

I have sat through SBE board meetings in which they consider waivers; the board accepted staff recommendations as a matter of course. This rule would allow most waiver requests to be adjudicated earlier and streamline board meetings.

Here is a link to the proposed certification of the waiver rule amendment. Here is how you can provide the SBE with your public comment (Deadline: Monday, August 31):

  • Online: Public Comment Portal: Waiver Rules Amendment
  • Email: [email protected] (Specify that you are commenting on the proposed waiver rule amendment.)
  • In-Person Public Hearing: 10 a.m. Aug. 3, 2026, in the Board Room at the State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603.  
  • Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Specify that you are commenting on the proposed waiver rule amendment.)