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NC H897

Bill

Status

Introduced

5/5/2021

Primary Sponsor

John Szoka

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Origin

House of Representatives

2021-2022 Session

AI Summary

  • Creates a special motion to strike procedure allowing courts to expeditiously dismiss claims against political candidates arising from acts in furtherance of seeking elected office unless the claim has a substantial basis in law and a probability of prevailing.

  • Stays all discovery and pending hearings or motions upon filing the motion to strike until final decision, except when court orders specific discovery for good cause.

  • Requires courts to prioritize motion hearings on accelerated timelines: within 5 days if filed within 30 days of election, within 10 days if filed 31-60 days before election, within 15 days if filed 61-90 days before election, and within 21 days if filed more than 91 days before election.

  • Awards attorneys' fees and costs to prevailing moving parties on motions to strike and to prevailing nonmoving parties if the court finds the motion is frivolous or solely intended to cause unnecessary delay.

  • Appropriates $100,000 to the Administrative Office of the Courts and $10,000 to the State Board of Elections for fiscal year 2021-2022 to implement the act, effective October 1, 2021.

Legislative Description

Address False Campaign Claims

Appropriations

Last Action

Ref to the Com on Judiciary 1, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

5/10/2021

Committee Referrals

Judiciary I5/10/2021

Full Bill Text

No bill text available