The State Board of Elections denied Richard Moore's request to declare an ad supporting Beverly Perdue as express advocacy.
The National Education Association sponsored the radio ad that supported Perdue's stances on education.
To qualify as express advocacy, an ad has to "use the magic words to support (Perdue's) candidacy," said Kim Strach, deputy director in charge of campaign reporting at the Board of Elections.
"There is nowhere in that ad where it says vote Bev Perdue for governor," Strach said.
The courts have defined the "magic words" and what constitutes express advocacy in the N.C. Right to Life case, which is still ongoing.
More after the jump.
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According to the court case, the board can only use the words spoken in the ad to determine express advocacy. No contextual elements, such as timing, can play a role.
Express advocacy ads must be funded by permissible sources, as defined by N.C. statutes.
Moore's campaign filed a complaint requesting that the ad be labeled express advocacy to the Board of Elections on March 27.
On March 28, the Board of Elections mailed the Moore campaign a letter denying their request.
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