Bob Hall at Democracy North Carolina is asking the N.C. State Board of Elections for a legal clarification about the Americans for Prosperity Foundation TV and radio advertisements on the state budget.
Hall's liberal group is no fan of the conservative AFP. But he raises an interesting question about who constitutes a candidate under state election laws. If a candidate is mentioned, the ads would qualify as electioneering communications and the sponsor would have to meet disclosure requirements for expenditures and donors. AFP hasn't filed disclosure forms because its 501c3 nonprofit affiliate, Americans for Prosperity Foundation, paid for the "educational" advertisement.
The question revolves around whether Gov. Bev Perdue -- who is mentioned and in the advertisement -- still qualifies as a candidate even though she is not seeking re-election.