NC H832

Social media companies must notify the State Board of Elections in writing within three calendar days if they censor a candidate for elective office, providing their reason for the censorship.

The State Board of Elections must hold a hearing within three calendar days to determine if the censorship was justified according to the platform's terms and conditions that do not exclude rights guaranteed by federal law.

Companies found to have censored candidates without due cause are subject to civil penalties of $250 to $250,000 per day for each day the candidate remains unable to access the platform, with collected penalties deposited into North Carolina's Civil Penalty and Forfeiture Fund.

Candidates or companies may appeal the State Board's decision to the Joint Legislative Commission on Governmental Operations, which must render its ruling within three calendar days.

Candidates or political committees may separately pursue civil lawsuits for wrongful censorship and recover declaratory relief, injunctive relief, costs, and reasonable attorneys' fees, with courts able to hold companies in contempt for non-compliance.