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Democracy North Carolina Open Letter to NC Board of Elections Challenge to Political Corruption in N.C. Legislature
Editor’s Note: The following letter from Bob Hall, the Executive Director of Democracy North Carolina was sent to the State Board of Elections to request that it order the Republican Legislative Majority Committee to cease and desist from using corporate funds to finance election contests. Hall asserts that because the RLMC has engaged in express advocacy it is therefore a political action committee under North Carolina statutes and must register as such, file disclosure reports, and abide by contribution regulations. The RLMC may be in direct violation of North Carolina campaign laws as a result of its actions. The letter is published with Hall’s permission.
April 18, 2006
Mr. Larry Leake, Chairman Mr. Gary O. Bartlett, Executive Director State Board of Elections 506 N. Harrington Street Raleigh, NC 27601
RE: Republican Legislative Majority Committee
Dear Gentlemen, With this letter, I am formally requesting that the State Board immediately intervene in the electioneering activity of the Republican Legislative Majority Committee in targeted legislative districts. One flyer mailed by this group, which claims to be only engaged in issue advocacy, tells voters, "Rick Eddins joined Democrat Speaker Jim Black and betrayed the GOP" and ends with this directive for action: "Call Rick Eddins Out." Similar mailings in other districts end with "Call Julia Howard Out" or "Call Richard Morgan Out" or "Call Stephen LaRoque Out." The directive on these direct-mail pieces can only be interpreted as an exhortation to vote these candidates out of office, which is plainly express advocacy. (There is not even the pretext of having a telephone number for the voter to "call" on these mailings.) Because of its expenditures for express advocacy, the Republican Legislative Majority Committee (RLMC) should be subject to the same rules and laws as any other political committee spending money in an election in North Carolina. And because it is using corporate money to finance its activities, RLMC should be stopped from violating the state's ban on corporate funds polluting election contests and exposed for deceiving the public about its true identity as a political committee. The North Carolina legislature and State Board of Elections have rightly been concerned about protecting the integrity of the election process from groups that try to hide their electioneering behind the shield of "issue advocacy." The US Supreme Court's ruling in the McConnell case shows that North Carolina was on the right track when it took steps to begin regulating such groups, after the experience with the Farmers for Fairness, and more recently, when it passed Article 22E to regulate 527 committees. Democracy North Carolina believes that the statutes regarding electioneering communications and 527 committees (Article 22E) should be strengthened, for example, by lowering the number of unregulated direct mail pieces allowed in a legislative district and by expanding the statute to cover judicial and local elections. And we believe that 527 committees that are really express advocacy committees (such as RLMC) must be ordered to cease and desist their electioneering until they properly register as a political committee, return all illegal contributions they have accepted, and abide by the contribution limits and disclosure rules of other political committees.
Thank you for your service to the people of North Carolina.
Sincerely,
Bob Hall, Director
Bob Hall, Executive Director and Research Director, has been working with grassroots groups across North Carolina since 1970, collaborating with them on research projects on economic and social issues. He has served as executive director and research director with the Institute for Southern Studies and was recognized for that work with a MacArthur Fellowship in 1992. He has an MA in Sociology and Religion from Columbia University. Contact Hall at sprc@mindspring.com, and find out more about DNC at http://www.democracy-nc.org/default.htm |
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Carolina Civic Voice Spring 2006 Vol. 6, No 1 |