Civitas Capitol Connection April 2014 by Civitas Institute

Civitas Capitol Connection

APRIL 2014 VOL. 6, NO. 4

Inside CLC

— p. 6-7 —

Election At a Glance — p. 9-11 —

CROSS-CHECKED Elections Board Reveals Vote Problems

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BY susan myrick A stunning report by state elections officials has revealed evident voter fraud in the 2012 election – possibly in tens of thousands of instances. The North Carolina State Board of Elections (SBOE) reported this month to the Joint Legislative Elections Oversight Committee on the effects of the state’s new voter reforms. The most disturbing statistics came from comparing voter registration statistics in North Carolina with those of selected states. The results were brought to light as a result of North Carolina’s joining the Interstate Voter Registration Crosscheck Program, a consortium of 28 states. The SBOE had been directed by the new elections reform legislation (VIVA, Voter Information Verification Act) to join an interstate crosschecking program and to improve the accuracy of voter registration lists. The SBOE joined the program, and as a result it was determined that more

than 35,000 North Carolina voters who voted in the 2012 general election were identified as matching, by name and date of birth (DOB), a voter in another state who voted in the same election. This revelation deserves to be underlined: Tens of thousands of voters appeared to have voted twice (in North Carolina and another state) in the 2012 general election. Legislators on both sides of the aisle expressed alarm during the meeting. Rep. Bert Jones (R-Rockingham) said, “I believe these are staggering numbers.” Rep. Tim Moore (R-Cleveland) suggested that the number of voters voting in two states in the same election was probably much higher, because the cross-checking didn’t access voter rolls in every state. He told Kim Strach, SBOE director, that this was probably just the “tip of the iceberg.” Rep. Annie Mobley (D-Hertford) said, “These numbers are appalling to me.” The preliminary findings indicate that: • 765 voters with an exact match of first and last name, DOB and last four digits of Social Security number (SSN) were registered in N.C. and another state and voted in N.C. and the other state in the 2012 general election. • 35,750* voters with the same first and last name and DOB were registered in N.C. and another state and voted in both states in the 2012 general election. • 155,692 voters with the same first and last name, DOB and last four digits CONTINUED on page 4

What Vote Fraud

The recent report by the State Elections Board revealed that tens of thousands of voters may have voted in North Carolina and also in another state in 2012. Legislators called the figures “staggering” and “appalling,” and noted that the report raises the specter of widespread voter fraud.

Board Investigating Thousands of Cases

Investigators are following up on possible vote fraud and other problems recently uncovered by the North Carolina State Board of Elections (SBOE). The SBOE reported in April to the Joint Legislative Elections Oversight Committee on findings from the Interstate Voter Registration Crosscheck Program. (See story at left.) At the committee meeting, member Rep. Tim Moore (R-Cleveland) summed the situation up by telling board officials, “You have documented what appears to be voter fraud … We have over 35,000 people who it appears – are documented – who actually voted in this state illegally, and committed a felony.” The SBOE is a law enforcement agency, and its staff is now investigating the findings. A top priority is probing the cross-check discovery of 765 voters with an exact match of first and last name, date of birth (DOB) and last four digits of their Social Security numbers (SSN) who voted in N.C. and another state in the 2012 general election. “We are working to ensure that these are indeed exact matches,” said SBOE spokesman Josh Lawson. If exact matches are confirmed, the findings will be forwarded to county district attorneys. It is up to them to decide about possible prosecution. The board is also investigating a much larger number of troublesome cross-check cases: the 35,750 voters with the same first and last name and date of birth who were registered in N.C. and another state and voted in both states in the 2012 general election. “We are taking that number very seriously,” Lawson said. Lawson noted the board’s action is not only backward-looking, it is also forward-looking, in cleaning up outdated voter rolls. This includes the cross-check finding of 155,692 voters with the same first and last name, DOB and last four digits of SSN who were registered here and another state – and the latest date of registration or voter activity took place outside North Carolina. He noted that “we are working with multiple state agencies” to check that information. For instance, if someone on the voter rolls here has gotten a driver license in Florida, that raises the clear possibility that he or she is now a Florida resident, thus should be off the NC voter lists.

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April 2014 Civitas Capitol Connection

Speakers Outline What “Freedom Is … ”

BY JIM TYNEN “Freedom Is … ” our endangered personality liberty – and the beauty of the ordered liberty that emerges from the lives of free people. Those were just two of the ideas highlighted by our Conservative Leadership Conference. (More on p. 6-7.) Looking at them provides two quick looks at the challenges we face, and the opportunities we have. Noted economist Walter Williams put the choices before CLC attendees in stark terms. He reviewed what has happened to liberty in America, and reminded the Friday dinner audience of the observation that the real danger to liberty is that it will be nibbled away, bit by bit. And in many ways it has been. “Private property and free enterprise [today] are mere skeletons of their past,” he said, surveying the web of laws and regulations that surround us. “We own less and less of our most valuable property — namely ourselves and the fruits of our labor.” Sadly, too many people now believe they can win when government confiscates the property of some to give it to others. “Most Americans believe … in the forcible use of one person to serve the use of another. Indeed, that’s the same as slavery.”

To look at it another way, he said, all consider it a crime if we take a gun and rob someone of $200. But what if we rob someone … with the good intention of giving $200 to a homeless woman? In a welfare state, “the first is illegal theft; the second is legal theft,” he said. Too many Americans are OK with the second kind of robbery, if

it is government taking the money under the cloak of good intentions. Conservatives are mistaken in thinking the only hurdle they face is electing different politicians. “People like big government,” he said. That

servative ideas can be conveyed powerfully and entertainingly in today’s world. Moreover, Papola had a thought-provoking response to the cliché that conservatives don’t care about community. Drawing on a strain of conservative thought going back to Edmund Burke, Papola said that “individualism leads to real community.” “Freedom is about togetherness,” he added. “It is about building real community.”

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Freedom depends on civil society, but “government sandblasts that away. Government destroys civil society.” He showed the CLC crowd a video in which the concept and appeal of ordered liberty is conveyed by flocks of

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PUBLISHER Francis X. De Luca francis.deluca@nccivitas.org

Civitas Capitol Connection is a publication of the Civitas Institute

showed attendees one of his “Keynes vs. Hayek rap videos” that have gone viral on the Internet. In it the two titans of modern economics punch away at each other – literally and intellectually. The high-energy visuals and music show that con-

starlings whirling and diving about the sky. “There is no leader here,” he says in the video’s narration. “It looks like chaos. It looks like anarchy. It’s scary.” One human reaction is to try to impose order on this kind of motion when we think we see it in real life – when people and communities run their own lives. Tragically, Papola said, such an attempt at imposing order “produces chaos. It creates collisions and disorder.” But the flocks of birds are really creating elegant patterns in the sky. “They don’t collide,” Papola said. “They don’t coerce each other, and so the harmony emerges.” Out of the diving, swooping birds a complex, enthralling pattern emerges; the individual birds together create a kind of art. “What you see when you look at this is the beauty of emergent order,” he said in the video. “They are dancing, but there’s no one to lead the dance, no choreographer.” That, he suggested, is the task for people who understand ordered liberty. “We have to come to grips with the beauty of emergent order.” Other CLC speakers provided a range of thoughtful and challenging answers to the question of what “Freedom Is.” Now it’s up to all of us to answer it for ourselves. 

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means “our task is not to change politicians … It’s to somehow convince our fellow Americans of the moral superiority of liberty and its concomitant limited government.” But how do we do that? One way was suggested by John Papola, a video and television producer who has named his company Emergent Order, after the philosophy behind it. Let’s face it, economics is often dry. Papola, however,

At CLC, John Papola used the example of flying starlings to suggest how an ordered freedom can arise from apparent chaos.

From the Editor

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April 2014 Civitas Capitol Connection

Expert Highlights Common Core Flaws Civitas Senior Policy Analyst Bob Luebke spoke before the Legislative Research Commission’s Common Core Study Committee on March 20. His comments on the national education standards are as follows: Good morning to mem- mon Core to improve student bers of the General Assembly achievement and our economand guests. My name is Bob ic competiveness. Implicit in Luebke. I am a senior policy such thinking is an assumed analyst with Civitas Institute linkage between standards and and our organization hosts student achievement and stana website titled StopCom- dards and economic growth. monCoreNC. I appreciate A review of the research fails the Committee’s invitation to to find credible evidence for come and share a few thoughts such linkages. Those are the about Common Core. To- findings of two respected proday I’m speaking for the Civi- fessors: Tom Loveless of Hartas Institute as well as for the vard and Christopher Tienken many parents, teachers, and of Seton Hall University. In a concerned citizens who oppose 2012 report, Loveless attempts Common Core Standards. to predict the impact of ComOn June 2, 2010, the North mon Core on student achieveCarolina State Board of Edu- ment. He concluded standards cation adopted Common don’t really matter much. He Core Standards. The standards found that from 2003 to 2009 emerged out of a national dis- states with terrific standards cussion over the decline in the raised their [National Associavalue of a high school diploma tion of Educational Progress] and growing concern over scores by the same amount as America’s poor performance states with bad standards. In on international tests. Sim- a 2011 article [Tienken] cited ply stated, the standards were multiple studies that found no put forth as a way to boost evidence for a link between naacademic achievement, equip tional standards, performance students with different skill on international tests and how sets and to aid businesses that an economy performs. needed metrics to make valid It’s not just faulty arguments comparisons across states. We that give us pause. Common believe Common Core repre- Core Standards also violate a sents a flawed idea and there fundamental principle of our are strong reasons to oppose Constitution: federalism. In the standards. a recent publication, Robert Common Core’s one-size- Scott, the former Commisfits-all controlled approach to sioner of Education in Texas, education makes no sense for a commented on how Common country as vast and diverse as Core changes the fundamental the United States. One of the relationship between the states strengths of American educa- and the federal government. tion is its diversity. Common Scott said: Core’s template will work to By signing on to national eliminate that diversity and standards and the assesshomogenize learning across ments that will accompany schools and grades. them, participating states We believe Common Core have ceded their autonomy will also work to further poto design and oversee the liticize education. Because implementation of their the standards transfer power own standards and tests. from the states to Washington, The implications of ceding D.C., Common Core centralthis autonomy are varied. izes control of education poliNot only do some states risk cymaking. In so doing Comsacrificing high quality stanmon Core will subordinate dards for national standards educational interests to politithat may be less rigorous, cal interests and will also upset but all states are sacrificing the healthy system of checks their ability to inform what and balances between the state students learn. and federal government. In closing, let me say we supBut let’s walk away from port high academic standards. the politics and examine the We believe, however, that arguments for Common North Carolina should develop Core. Those who support the and administer those standards. standards say we need Com- Common Core standards gen-

erate negatives that far outweigh any perceived benefits. The standards are untested; lack validity; stand in opposition to Constitutional principles; work to limit parental influence; and come with too many important – yet unanswered – questions. These include: • Why have Common Core Standards not been pilot-tested? • How will Common Core Standards affect students, teachers and schools?

• How much will Common Core cost to implement in North Carolina and who will pay the costs? • In the absence of evidence for a link between standards and economic competitiveness, what reasons argue for maintaining Common Core? We know members of the Committee are here to help answer those questions. The uncertainty argues for pause and is yet more evidence why

we cannot support Common Core. We can support, however, a transparent process that corrects the current problems through a full review of all academic standards and a process that is committed to ensuring that state standards are North Carolina-centric and the highest possible. Considering all the evidence, we believe this is the best option to move forward and we urge lawmakers to give it every consideration. 

Monthly Petition

NC Voter Petition to Fight Common Core Standards Common Core education standards are harmful to children, erode parental rights and local control and in many cases do not represent an improvement in existing academic standards. I ask the NC legislature to withdraw the state of North Carolina from participation in the program.

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April 2014 Civitas Capitol Connection

Why We Should Support Open Records BY francis de luca The following article was adapted from an oped published March 24 in the News & Observer.

about their activities and whether they are following the law. Last year we requested records from the UNC School

back and cite the specific legal reason for the refusal. The first thing our request showed was that the UNC law

Newspapers, activists and all who care about open government recently celebrated “Sunshine Week.” Now it’s time for North Carolina conservatives to make 2014 “Sunshine Year.” People across the spectrum profess the importance of open records, transparent government and the people’s right to know what their government is up to. But this year means something extra to us at the Civitas Institute as we have been caught up in our own highly publicized public records battle with government and its allies. Civitas for years has used the North Carolina public records law to request (and sometimes even get) records out of our state and local governments. As a conservative organization, we often look for data on spending and salaries, among other hard information. But we also look to see how public agencies go

of Law for Gene Nichol, a law professor and head of the UNC Poverty Center. Our request was the subject of news stories and editorials questioning our motives. A group of professors protested and demanded that the governor tell us to stop. (Note to academics: We don’t work for government.) Few of our critics seem to understand that the law does not require that people say why they want the records; they can just ask. That is a real beauty of the law and one that needs to be more widely known. Anyone, and I mean anyone, can ask for public records, from your local town’s checkbook to emails from the governor’s office. If the records are not personnel-related and don’t fall under a few other exceptions, the agency must turn them over. If it doesn’t, it is supposed to tell you what it held

school violated university policy by holding a closed forum. It just so happened that all of those invited were liberal activists and that almost all were of one political party. Nichol and others went out of their way to conceal the meeting and to keep people from attending. They did this

ment to charge for costs. What costs are allowable, however, has always been a contentious point. We have worked with good people who went out of their way to comply quickly and efficiently, and we have worked with not-so-good actors who delayed and tried to hold us up for money. Gov. Pat McCrory’s administration has attempted to charge for records requests made by numerous groups. I do not know the full details or the volume of the requests, though I have been told it is considerable. To me, the volume is irrelevant; the important thing is to be open and transparent. Do whatever it takes to be open and transparent! If anyone in the administration had asked me, I would have advised that it comply and track costs. If we are to have open government, there will be costs, and we should work those costs into budgets. The legislature needs to know how much to allocate so state agencies comply with the law, but soon legislators should

“Anyone, and I mean anyone, can ask for public records, from your local town’s checkbook to emails from the governor’s office.” using taxpayer money – your money! As for the protesting professors, surprise! Their leader was involved in the forum. There are costs involved in producing public records, such as worker time or copying. The law allows govern-

start cutting that money out of the budget. Why? Because doing so would force government agencies on all levels to make the process easier and less costly for themselves by putting more complete information online where anyone can access

it without going through government gatekeepers. That is the only way we will have true transparency and sunshine. This method should also be implemented at all levels of government (yes, including you, UNC system) so what government is doing is not mysterious or hidden. If you work for government and don’t want citizens to know what you are doing, get out of government and work somewhere else. The people pay your salary and provide the tax money you spend and they have an unabridged right to know what you do with your day and how you spend their money. They are your boss! Those of us on the right should make this a top priority this year and every year. Because we as a whole distrust government, we believe it is imperative to keep an eye on it. People in government will no doubt complain that what I propose will make their work more difficult. To that I say yea! If government finds it inconvenient to do more things, then maybe public employees will concentrate on doing those things government should be doing correctly. If government does less but does it better that is not just a victory for conservatives, it is a victory for everyone. While some (especially liberals and progressives) may think North Carolina conservatives now have control over state and many local governments, to quote President Reagan, “Trust but verify.” That is a good policy today and especially in the future, when elections produce different results, as they most assuredly will. 

Elections Board Reveals Vote Problems CONTINUED from page 1

of SSN were registered in N.C. and another state – and the latest date of registration or voter activity did not take place within N.C. As Moore pointed out, given that only 28 states participate in the interstate cross-check, it is reasonable to believe that the numbers for potential voter fraud would be much higher if all 50 states participated in the

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program. The four most populous states – Florida, Texas, California and New York – are among the 22 states that did not participate in the 2014 cross-check. Moreover, Strach reported that, during an audit of death records from the Department of Health and Human Services, the Board discovered: • 50,000 new death records that had not previously been provided to the SBOE.

• 13,416 deceased voters on the voter rolls in October 2013. • 81 deceased voters that had voter activity after they died. There is no cost to participate in the cross-check program. States must only sign a memorandum of understanding and assign two staff members to “participate in an annual conference call and email, pull and transmit

the data in January of every year, receive and process cross-check results and work with local elections officials to respond for requests of addresses, signatures, etc.” The findings raise the question of why North Carolina didn’t join this program much earlier. In addition to voter fraud, these figures show massive irregularities with voter registration. Panel member Rep.

Harry Warren (R-Rowan) commented on criticism of the VIVA legislation that “this was a solution looking for a problem.” The report, Warren said, “does clearly – clearly – indicate there is a problem, and that VIVA addresses the problem.” *The Kansas Secretary of State’s Office told Civitas this number includes voter data from states that do not include the Social Security numbers. 

April 2014 Civitas Capitol Connection

Unemployment Update

NC Jobless Tally Falls Below U.S. Rate BY SUSAN MYRICK In February, the state’s seasonally adjusted unemployment rate was 6.4 percent, down 0.3 percentage points from January’s revised rate of 6.7 percent. For the first time since March 2006, the state’s unemployment rate was less than the national rate, which in February rose to 6.7 percent from January’s 6.6 percent rate. North Carolina’s February 2014 unemployment rate was 2.2 percentage points lower than a year ago. The number of people employed here increased over the month by 7,399 to 4,363,010, and increased 48,459 over the year. The number of people unemployed fell by 14,748 in

February to 296,226, and declined 112,126 over the year. The state’s not seasonally adjusted statewide rate was 6.6 percent in February, and the not seasonally adjusted unemployment rates decreased in 95 of North Carolina’s counties, increased in four and remained the same in one. Orange County had the lowest unemployment rate at 4.4 percent, and Graham County had the highest at 13.8 percent. The State’s 14 metro areas experienced rate decreases. The Rocky Mount metro area experienced the highest rate at 9.6 percent; the DurhamChapel Hill area had the lowest at 5 percent. 

North Carolina Unemployment (2013 -‐ 2014) 10.0%

9.5%

Unemployment Reform Implemented in NC

9.0%

8.5%

8.0%

7.5%

7.0%

6.5%

6.0%

Jan-‐13

Feb-‐13

Mar-‐13

Apr-‐13

May-‐13

Jun-‐13

Jul-‐13

United States

Aug-‐13

Sep-‐13

Oct-‐13

Nov-‐13

Dec-‐13

Jan-‐14

Feb-‐14

North Carolina

Pasquotank Gates Northampton 9.5 Vance Currituck Stokes Rockingham Caswell Person 6.7 8.4 Hertford 9.3 Warren 7.7 6 8.2 6.9 7.3 Granville 7.8 Halifax Watauga 8.9 Wilkes Perquimans Camden 6.8 10.2 6.2 7.5 7.2 Yadkin 8 Forsyth Bertie Orange Chowan MitchellAvery Franklin 5.5 Guilford 6.1 9.6 4.4 8 8.4 8.9 6 6.8 Durham Caldwell Nash Alamance Alexander Davie Madison Yancey 5.1 7.1 Tyrrell 8.6 Edgecombe 6.4 7.8 6.2 Washington 6.2 Martin 11.6 5.5 9.4 Iredell Wake 8.2 7.6 Davidson Chatham 6.5 McDowell Burke Randolph 5 Wilson Dare 6.8 Catawba 7 4.5 Buncombe 7.5 Rowan 6.5 9 13.5 Haywood 7.2 Pitt 4.9 6.7 6.3 6.3 Swain Johnston Lincoln Greene Beaufort Lee Hyde Graham 11.4 Rutherford 5.7 6.5 Cabarrus Wayne 7.1 Montgomery 7.8 8.3 12.9 Henderson 13.8 Harnett 9.4 Jackson 5.9 6.6 7.3 Polk Stanly Gaston 5.1 7.6 Moore Craven Cleveland Macon 6.5 Mecklenburg Lenoir Transylvania 4.6 6.1 Cherokee 6.6 6.5 7.5 7.2 8 6.5 Pamlico 7.3 7.3 Clay 8.8 9.2 6.7 Hoke Cumberland Jones Union NC Counties 6.7 Sampson 7.8 Anson Richmond 7.6 Duplin 5.6 8.9 6.5 7.5 7.3 February 2014 Unemployment Scotland Carteret 12.4 6.8 4.4 - 5.7 Onslow 6.6 Bladen Robeson 5.9 - 7.0 Pender 10 9.6 7.6 Ashe 9.1

Alleghany 8.3

Surry 7.1

7.1 - 8.4

Columbus 9

8.6 - 10.2 11.4 - 13.8

New Hanover 6.6 Brunswick 8

2008-2014 Unemployment Rate Comparison County

10-08 1-13 2-14

County

10-08 1-13 2-14

County

10-08 1-13 2-14

County

10-08 1-13 2-14

Alamance

7.1

6.4

Cumberland

6.8

7.6

Johnston

6.1

8.9

5.7

Randolph

6.7

11.1

6.5

Alexander

7.9

10.2

6.2

Currituck

3.6

10.5

7.7

Jones

6.8

10.7

7.8

Richmond

9.5

13.6

8.9

Alleghany

6.6

12.6

8.3

Dare

4.2

20.1

13.5

Lee

8.2

12.7

8.3

Robeson

8.1

13.9

9.6

Anson

9.5

12.8

7.5

Davidson

7.4

10.7

6.8

Lenoir

7.8

10.8

7.3

Rockingham

7.9

11.7

8.2

Ashe

6.3

13.8

9.1

Davie

6.9

9.3

6.2

Lincoln

7.2

10.8

6.5

Rowan

7.2

10.3

6.7

Avery

5.6

13.7

Duplin

5.9

10.6

7.3

Macon

5.3

13.3

Rutherford

8.7

14.7

9.4

Beaufort

7.3

11.8

7.8

Durham

5.4

7.9

5.1

Madison

5.7

10.1

5.5

Sampson

5.4

6.5

Bertie

7.5

13.5

9.6

Edgecombe

11.4

16.6

11.6

Martin

6.9

7.6

Scotland

11.7

17.8

12.4

Bladen

8.1

13.6

Forsyth

6.3

9.4

6.1

Brunswick

6.9

12.2

Franklin

6.7

9.6

Buncombe

5.1

8.1

4.9

Gaston

7.7

11.1

6.6

Mcdowell

8.1

11.9

7.5

Stanly

10.1

6.1

Mecklenburg

6.6

9.7

6.5

Stokes

6.1

Mitchell

7.7

15.5

8.9

Surry

8.3

11.1

7.1

Burke

8.6

11.6

Gates

5.2

8.3

6.7

Montgomery

8.3

11.1

7.3

Swain

5.5

11.4

Cabarrus

6.4

9.4

5.9

Graham

8.2

20.4

13.8

Moore

6.4

10.1

6.5

Transylvania

11.5

7.3

Caldwell

8.3

7.1

Granville

10.3

6.8

Nash

8.6

12.7

8.6

Tyrrell

9.4

Camden

5.4

9.4

7.2

Greene

9.8

7.1

New Hanover

5.4

10.4

6.6

Union

8.6

5.6

Carteret

10.6

6.8

Guilford

6.7

10.3

6.8

Northampton

7.7

12.1

8.4

Vance

9.8

13.8

9.3

Caswell

8.2

10.4

6.9

Halifax

9.7

14.7

10.2

Onslow

5.8

9.6

6.6

Wake

7.8

Catawba

7.9

11.6

7.2

Harnett

7.1

11.5

7.6

Orange

4.2

6.6

4.4

Warren

9.7

12.9

8.9

Chatham

5.5

7.5

4.5

Haywood

5.7

10.2

6.3

Pamlico

5.7

11.2

9.2

Washington

7.2

13.5

8.2

Cherokee

8.7

14.1

8.8

Henderson

5.1

7.9

5.1

Pasquotank

6.4

12.4

9.5

Watauga

4.1

9.5

6.2

Chowan

8.5

11.3

8.4

Hertford

6.6

11.5

7.8

Pender

6.4

11.5

7.6

Wayne

6.3

9.8

6.6

10.6

6.7

Hoke

6.3

9.7

6.7

Perquimans

6.7

11.1

Wilkes

8.2

11.7

7.5

Cleveland

8.5

11.3

7.2

Hyde

4.6

15.7

12.9

Person

7.3

11.1

7.3

Wilson

7.9

Columbus

8.1

13.8

Iredell

6.5

10.4

6.5

Pitt

9.9

6.3

Yadkin

6.1

10.1

5.5

Craven

6.2

10.8

7.5

Jackson

4.3

11.3

6.5

Polk

8.2

4.6

Yancey

7.2

13.8

7.8

Clay

nccivitas.org

*Data is from the North Carolina Department of Commerce Labor and Economic Analysis Division

April 2014 Civitas Capitol Connection

CLC ENERGIZES CON Snapshots from CLC

Our Conservative Leadership Conference on March 28-29 hosted 40 speakers and presenters who spoke at five meals and 22 breakout sessions. Exploring the theme “Freedom Is …,” 440 attendees were encouraged to be active and educated about a wide range of contemporary topics. Among the things you could have heard at CLC: “If you’re on welfare, you can’t be free. If you get food stamps, you can’t be free. … If you rely on Uncle Sam for the next job or check, you can’t be free.” Lt. Gov. Dan Forest, assailing dependence on government.

“Can’t we make North Carolina the 10th state that has no income tax?”

Stephen Moore of the Heritage Foundation. He heralded North Carolina’s tax reforms and how the unemployment rate had plunged in the months since then, but he also noted that the nine states without an income tax continued to be national leaders in economic growth.

“The most important thing you know about Obamacare is wrong. … You think we lost? We didn’t lose, we won. We already won this thing, and the president is trying to steal that victory away from us.”

Michael Cannon of the Cato Institute, arguing that when the administration changes the Affordable Care Act it is in effect admitting defeat in the health care debate.

“What would Hayek think of Twitter? What if Sam Adams had a Facebook page? What if Lech Walesa could have livestreamed his speeches from the shipyards in Gdansk?” Matt Kibbe of FreedomWorks, on how the decentralized power of people in communities is frightening political establishments.

“It’s time for the Republican Party to stop talking about Ronald Reagan and start acting like him.” Sen. Mike Lee, R-Utah.

Lt. Gov. Dan Forest (at left, shaking hands w attendees) called for “a better America.

Gov. Pat McCrory (above, foreground) spoke to Civi Bob Luddy (at left). Asked about his hopes for the s McCrory responded, to applause, “I want it to b

U.S. Sen. Mike Lee (at right) called for a new conserv that would attack cronyism and “unlock the limitless h that exists when government stays out of the nccivitas.org

April 2014 Civitas Capitol Connection

NCERNED CITIZENS

“When I walked into the F.W. Woolworth, I didn’t know if I would come out in the prone position or still standing. But that didn’t matter. There are some things worth dying for.” –Clarence Henderson, above, who took part in the iconic sit-in in Greensboro in 1960

“Planning is the forcible superseding of someone else’s plan.” Economist Walter Williams, at left.

with .”

itas Chairman short session, be short.”

vative agenda human potential e way.” nccivitas.org

April 2014 Civitas Capitol Connection

Crossover Bills Eyed BY angela hight On May 14, the North Carolina General Assembly will reconvene at noon for what is called the “short session.” One thing that people may not realize about the short session is there are crossover bills that will be eligible to be considered. According to the General Assembly Website crossover bills are: a. Senate bills and resolutions introduced in 2013 that passed third reading in the Senate and were received by the House in 2013, or b. House bills and resolutions introduced in 2013 that passed third reading in the House by May 16, 2013 and were received in the Senate by May 20, 2013 c. However, any bill otherwise meeting these deadlines is not eligible for consideration if it: i. Violates the rules of the receiving chamber; and ii. Is disposed of in the other house by tabling, unfavorable committee report, indefinite postponement, or failure to pass any reading A few of the bills to look out for are:

Teacher Pay heads GA ‘To Do’ List BY brian balfour

H8 Eminent Domain This measure would amend the state constitution to provide badly needed protection for property rights. Under the law, local and state governments can use the power of eminent domain to seize private property for public uses. Historically, eminent domain has been used to build roads, schools, and other public projects. However, recent case law (Kelo v. City of New London) has extended the interpretation of “public use” to include economic development projects. Governments have increasingly started seizing private property for things like parking lots and casinos – projects that have no direct public utility. House Bill 8 would clearly define all acceptable interpretations of public use in order to prevent eminent domain abuse.

H31 and H40 Amend Habitual DWI The bills proposed that “a person convicted of two or more offenses of impaired driving and violating this section shall be punished as a Class F felon and shall be sentenced to a minimum active term of not less than 12 months of imprisonment, which shall not be suspended. Sentences imposed under this subsection shall run consecutively with and shall commence at the expiration of any sentence being served.”

H872 Protect NC Right to Work This bill would void and make unenforceable any contract requiring a contractor or subcontractor to use union labor on the job.

H109 Motorcycle Helmet Law This bill would provide a study to determine whether North Carolina should allow motorcyclists to ride without a helmet.

H824 EpiPens in Schools EpiPens are often used in allergic reactions. This bill would require schools to have a supply of these auto-injectors on school grounds during school events and after school activities on school property. The school would have someone who is trained to administer the drug.

H156 Honest Lottery Act Marketing and advertising for the NC Lottery is something most of us see in our everyday life. This act will provide stricter guidelines to what the NC Lottery can and cannot do in their marketing and advertising.

H465 No Possession of Firearms/Undocumented Aliens This act would amend an act that is already a law. The new act would not allow people without proper documentation and who are not lawfully present in the United States to possess a firearm. If accused of being in possession of a firearm, they will be charged with a Class I Felony. While this is a short list of some of the bills eligible for the short session, feel free to go to www. ncleg.net and look for “The Memorandum on Bills Eligible for Consideration by the General Assembly during the 2014 Regular Session of the 2013 General Assembly” to see a complete list. 

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State Legislative Building

This year’s legislative “short session” in Raleigh is likely to live up to its name. With so many substantial reforms passed in 2013 and mid-term elections looming this fall, there’s little doubt state lawmakers will prefer a light workload. In addition to revising the second year of the state’s twoyear budget passed last year, there are only a few issues that appear to be on the agenda for 2014. First is teacher pay. Gov. McCrory has publicly stated his desire to restructure the state’s teacher salary schedule in order to ensure starting teachers earn at least $35,000 annually. Legislative leaders have likewise publicly voiced their support for this measure, which would probably be rolled into the budget revisions this summer. Secondly there is the issue of Medicaid reform. The McCrory administration is also taking the lead on this issue. Last year’s budget included a provision allowing for the

state’s executive branch to develop a reform plan for the state’s Medicaid program, and the governor’s office has recently announced its intention to implement “accountable care organizations” (ACO) to generate savings. Medicaid costs in North Carolina have been skyrocketing for years, and have run over projections by hundreds of millions of dollars the last few years. ACOs are networks of doctors and hospitals that agree to work together to reduce costs while meeting established standards of quality care. The networks, in turn, would get to keep a significant portion of any savings they generated. Lastly, Common Core education standards have emerged as a hot-button issue in North Carolina. State lawmakers have created a study commission to re-examine Common Core’s implementation here, and their recommendations may result in legislation this year aimed at slowing or rejecting the standards. 

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April 2014 Civitas Capitol Connection

2014 NC Elections at a Glance BY susan myrick The chart on this and following pages is your guide for figuring out what’s happening in North Carolina’s primary races at a glance. First, the lines shaded red are now held by a Republican; those shaded blue have a Democratic lawmaker. The first column shows the Senate (SD) or House (HD) number. (To find out which districts you live in, go to the State Board of Elections website, http://www.ncsbe.gov/ncsbe/).

The second column, 2012 CPI, gives the results of our Civitas Partisan Index (CPI). It compares votes cast in each N.C. legislative district to votes cast in the state as a whole. The end result is a letter (D or R) followed by a number, indicating the extent to which each district leans one way or the other. For example, a district whose voters allotted 5 more percentage points to the Democratic candidates compared

with the state average receives an index score of D+5. The columns “2012 Winner,” “2012 Party” and “2012 Vote” show the winner of that election (or of the lawmaker who has succeeded that candidate in office), which party he or she belonged to, and the percentage of votes received. “2014 Election” shows whether candidates have filed for a primary, which parties are involved (D for Democratic, R

for Republican) and whether there will be two candidates squaring off in November. For instance, Senate District 1’s voting tilts Republican by 3 percentage points compared with the state average. Republican Bill Cook won in 2012, by the narrowest of margins. There’s a primary election on the Democratic side, with the winner facing Cook in the general election. In House District 15, which has an R+12 CPI

score, Republican Phillip Shepard was unopposed in 2012. He’ll face a challenger in the GOP primary. The winner of that election will face no opposition on the fall ballot. Senate District 14, on the other hand, has a CPI of D+27. Democrat Dan Blue was unopposed in 2012. No one has filed to challenge him in the primary or the general election, making him the “winner” already. 

2012 CPI

2012 Winner*

2012 Party

2012 Vote %

2014 Election

R+3

Bill Cook

50.0%

Primary (D) and General Election

R+12

Norman Sanderson

63.1%

Primary (D) and General Election

D+18

Clark Jenkins

100.0%

Primary (D) Wins

D+20

Angela Bryant (replaced Ed Jones)

72.3%

General Election

D+15

Don Davis

100.0%

Primary (D) Wins

R+10

Harry Brown

100.0%

WINNER

R+10

Louis Pate

100.0%

General Election

R+6

Bill Rabon

60.0%

Primary (D) and General Election

R+4

Thom Goolsby

54.2%

Primary (R) Wins

R+6

Brent Jackson

100.0%

General Election

R+6

Buck Newton

60.8%

WINNER

R+6

Ronald Rabin

51.0%

Primary (D) and General Election

D+14

Michael Walters

72.6%

Primary (D) and General Election

D+27

Dan Blue

100.0%

WINNER

R+2

Neal Hunt

55.8%

Primary (R) and General Election - Open Seat

D+12

Josh Stein

100.0%

General Election

R+3

Tamara Barringer

53.7%

General Election

R+1

Chad Barefoot

55.9%

General Election

D+3

Wesley Meredith

53.9%

General Election

D+26

Floyd B McKissick Jr

100.0%

WINNER

D+20

Robert B Clark III

100.0%

Primary (D) Wins

D+14

Mike Woodard

65.4%

Primary (R) and General Election

D+15

Valerie Foushee (replaced Ellie Kinnaird)

67.0%

General Election

R+9

Rick Gunn

79.0%

WINNER

R+3

Gene McLaurin

53.0%

General Election

R+9

Philip E (Phil) Berger

61.1%

General Election

R+5

Trudy Wade

57.6%

WINNER

D+32

Gladys A Robinson

100.0%

Primary (D) Wins

R+18

Jerry W Tillman

100.0%

General Election

R+17

Shirley Randleman (replaced Don East)

64.3%

General Election

R+13

Joyce Krawiec (replaced Pete Brunstetter)

69.0%

Primary (R) and General Election

D+19

Earline W Parmon

73.0%

WINNER

R+17

Stan Bingham

100.0%

Primary (R) Wins

R+14

Andrew C Brock

100.0%

General Election

R+15

Tommy Tucker

100.0%

WINNER

R+11

Fletcher L Hartsell Jr

100.0%

Primary (R) Wins

D+13

Daniel (Dan) Clodfelter

67.0%

WINNER

D+26

Joel Ford

80.2%

General Election

R+11

Robert (Bob) Rucho

61.6%

General Election

D+30

Malcolm Graham

84.1%

Primary (D) Wins

R+8

Jeff Tarte

100.0%

General Election

R+16

Austin Allran

64.5%

WINNER - Open Seat**

R+12

Kathy Harrington

100.0%

WINNER

R+15

David Curtis

65.9%

WINNER

R+12

Dan Soucek

60.7%

General Election

R+8

Warren Daniel

56.0%

General Election

R+10

Ralph Hise

56.5%

Primary (R) Wins

R+10

Tom Apodaca

100.0%

General Election

D+9

Martin L Nesbitt

62.0%

Primary (R) and General Election

R+8

Jim Davis

57.1%

Primary (D) and General Election *Replacements in office are noted **Winner - Andy Wells (R)

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April 2014 Civitas Capitol Connection

2014 NC Elections at a Glance HD

2012 CPI

2012 Winner

2012 Party

2012 Vote %

2014 Election

R+6

Bob Steinburg

56.3%

General Election

D+0

W A (Winkie) Wilkins

56.7%

General Election - Open Seat

R+8

Michael Speciale

59.2%

General Election

R+11

Jimmy Dixon

65.0%

WINNER

D+21

Annie Ward Mobley

100.0%

Primary (D) and General Election

R+4

Paul Tine

50.6%

Primary (R) and General Election

D+15

Bobbie Richardson (replaced Angela R Bryant)

100.0%

WINNER

R+1

Susan Martin

57.2%

General Election

R+4

Brian Brown

51.5%

Primary (R) and General Election

R+12

John Bell

66.6%

WINNER

D+12

Duane Hall

100.0%

General Election

D+10

George Graham

65.8%

WINNER

R+16

Patricia (Pat) McElraft

88.3%

General Election

R+8

George G Cleveland

100.0%

Primary (R) Wins

R+12

Phillip Shepard

100.0%

Primary (R) Wins

R+11

Chris Millis

100.0%

General Election

R+12

Frank Iler

66.2%

Primary (R) and General Election

D+12

Susi Hamilton

66.5%

WINNER

R+9

Ted Davis Jr

60.3%

WINNER

R+10

Rick Catlin

64.1%

General Election

D+18

Larry M Bell

100.0%

WINNER

R+1

William Brisson

100.0%

General Election

D+18

Joe Tolson

100.0%

Primary (D) Wins - Open Seat

D+26

Jean Farmer Butterfield

100.0%

Primary (D) Wins

R+7

Jeffrey L (Jeff) Collins

63.3%

General Election

R+8

Leo Daughtry

59.7%

Primary (R) Wins

D+20

Michael H Wray

90.9%

Primary (D) Wins

R+12

James H (JH) Langdon Jr

100.0%

WINNER

D+34

Larry D Hall

100.0%

WINNER

D+21

Paul Luebke

100.0%

WINNER

D+32

H M (Mickey) Michaux Jr

100.0%

General Election

D+19

Nathan Baskerville

70.8%

WINNER

D+30

Rosa U Gill

100.0%

General Election

D+14

Grier Martin (replaced Deborah K Ross)

97.4%

WINNER

R+4

Chris Malone

50.8%

General Election

R+4

Nelson Dollar

55.0%

General Election

R+6

Paul Stam

57.0%

WINNER

D+28

Yvonne Lewis Holley

87.7%

General Election

D+9

Darren Jackson

100.0%

WINNER

R+3

Marilyn Avila

53.9%

General Election

R+0

Tom Murry

51.8%

General Election

D+23

Marvin W Lucas

77.5%

WINNER

D+19

Elmer Floyd

69.6%

WINNER

D+5

Rick Glazier

56.3%

General Election

R+3

John Szoka

56.4%

WINNER

D+4

Ken Waddell

54.1%

General Election

D+19

Charles Graham

100.0%

WINNER

D+22

Garland E Pierce

100.0%

WINNER

R+1

Jim Fulghum

54.0%

Primary (D) and General Election - Open Seat

D+8

Graig R. Meyer (replaced Valerie Foushee)

55.0%

Primary (R) and General Election - Open Seat

R+5

Michael (Mike) Stone

52.0%

General Election

R+12

James L (Jamie) Boles Jr

100.0%

WINNER

R+5

David Lewis

56.5%

Primary (D) and General Election

D+5

Deb McManus

56.1%

Primary (D) and General Election - Open Seat

R+7

Mark Brody

56.6%

General Election

D+26

Verla C Insko

77.4%

General Election

D+23

Mary Price (Pricey) Harrison

100.0%

Primary (D) Wins

D+27

Alma Adams

79.9%

Primary (D) Wins - Open Seat

R+9

Jon Hardister

100.0%

General Election

D+28

Marcus Brandon

100.0%

Primary (D) Wins - Open Seat

R+8

John Faircloth

63.8%

General Election

R+8

John M Blust

76.3%

General Election

R+5

Stephen M Ross

56.7%

General Election

R+7

Dennis Riddell

59.0%

WINNER

R+7

Bert Jones

59.5%

General Election

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April 2014 Civitas Capitol Connection

D+7

Ken Goodman

100.0%

WINNER

R+14

Justin P Burr

62.6%

Primary (R) and General Election

R+15

Craig Horn

65.2%

WINNER

R+13

Dean Arp

100.0%

WINNER

R+22

Pat B Hurley

100.0%

General Election

D+22

Evelyn Terry

77.9%

General Election

D+21

Edward (Ed) Hanes Jr

74.4%

WINNER

R+21

Mark W Hollo

71.4%

Primary (R) Wins - Open Seat

R+10

Debra Conrad

64.4%

General Election

R+8

Donny C Lambeth

100.0%

General Election

R+15

Carl Ford

100.0%

WINNER

R+11

Harry Warren

61.8%

Primary (R) Wins

R+23

Allen Ray McNeill

75.0%

WINNER

R+16

Julia Craven Howard

70.1%

General Election

R+22

Roger Younts (replaced Jerry C Dockham)

68.6%

Primary (R) Wins - Open Seat

R+15

Rayne Brown

100.0%

WINNER

R+8

Larry G Pittman

100.0%

Primary (R) and General Election

R+8

Linda P Johnson

63.2%

WINNER

R+13

Rena W Turner

65.3%

Primary (R) and General Election

R+18

Josh Dobson (replaced Mitch Gillespie)

68.5%

General Election - Open Seat

R+9

Hugh Blackwell

60.8%

Primary (R) and General Election

R+16

Edgar V Starnes

100.0%

WINNER

R+6

Rob Bryan

54.9%

General Election

R+16

Mitchell Smith Setzer

100.0%

WINNER

R+15

Sarah Stevens

100.0%

General Election

R+11

Bryan Holloway

61.0%

WINNER

D+1

Charles Jeter

51.4%

General Election

R+5

Jonathan C Jordan

51.5%

General Election

R+17

Jeffrey Elmore

100.0%

Primary (R) Wins

R+16

C Robert Brawley

94.8%

Primary (R) Wins

R+13

Andy Wells

62.5%

Primary (R) and General Election - Open Seat

R+18

Jason R Saine

100.0%

General Election

R+9

Thom Tillis

100.0%

Primary (R) and General Election - Open Seat

D+30

Rodney W Moore

100.0%

WINNER

100

D+22

Tricia Cotham

100.0%

WINNER

101

D+24

Beverly Miller Earle

100.0%

WINNER

102

D+32

Becky Carney

100.0%

WINNER

103

R+7

Bill Brawley

100.0%

WINNER

104

R+8

Ruth Samuelson

100.0%

General Election - Open Seat

105

R+10

Jacqueline Schaffer

100.0%

WINNER

106

D+34

Carla Cunningham

100.0%

General Election

107

D+29

Kelly Alexander

100.0%

WINNER

108

R+11

John A Torbett

100.0%

WINNER

109

R+8

Dana Bumgardner

59.2%

Primary (R) Wins

110

R+11

Kelly E Hastings

63.8%

WINNER

111

R+9

Tim Moore

100.0%

General Election

112

R+11

Mike Hager

61.9%

General Election

113

R+11

Chris Whitmire

63.0%

General Election

114

D+24

Susan C Fisher

100.0%

WINNER

115

R+1

Nathan Ramsey

54.3%

General Election

116

R+5

Tim Moffitt

56.3%

General Election

117

R+13

Chuck McGrady

100.0%

Primary (R) and General Election

118

R+5

Michele D Presnell

51.3%

General Election

119

D+1

Joe Sam Queen

51.7%

Primary (R) General Election

120

R+14

Roger West

100.0%

WINNER

Early voting starts April 24 Election Day is May 6 For information on voting, go to the State Board of Elections website at ncsbe.gov/ncsbe nccivitas.org

April 2014 Civitas Capitol Connection

Scandal BY bob luebke Almost two years removed from a scandal that led to the departures of its Executive Director and a staff member and embarrassed the party as it played host to the 2012 Democrat National Convention in Charlotte, missteps, questions and internal divisions continue to dog the North Carolina Democratic Party (NCDP). In early February – less than a year after being hired to lead the party back to victory – NCDP Chairman Randy Voller fired Executive Director Robert Dempsey. Voller is not new to controversy. In recent months the former Piittsboro mayor’s tenure as chair of NCDP has become marred by questions about business debt, fundraising trips and taking actions that didn’t have the support of the full party leadership. Still, the Dempsey firing caught many Democrats off guard. A day after removing Dempsey, Voller said he would nominate North Carolina native, civil rights icon, and former Nation of Islam leader Ben Chavis to the post. Voller’s move stunned Democrats and had them asking a lot of questions about Chavis’ background. No doubt many Democrats admire Chavis’ experience in the civil rights movement, but Chavis also cames with a long list of problems. He spent time in prison in the 1970s as part of the Wilmington Ten. In 1993 Chavis was named Executive Director of the NAACP. Seventeen months

Missteps and Distractions Continue to Dog Tar Heel Democrats

North Carolina Democratic Party Headquarters

later he was let go after it was learned he paid an employee more than $330,000 to settle a sexual harassment claim. In 1997, Chavis converted to Islam and was second in command to Nation of Islam leader Louis Farrakhan. Unfortunately, there’s more. In 2006, a woman connected with the Nation of Islam filed a sexual harassment claim against Chavis. The woman was paid $135,000 by the Church to end the claim. In 2007 Chavis was sued for financial mismanagement of a restaurant chain in Florida. Evidently the Chavis nomination was too much for many Tar Heel Democrats. A couple of days later, Voller put the whole plan on ice and said he intended to make Chavis the interim director. While Chavis may have had civil rights experience, his associations with the Na-

tion of Islam and questions surrounding his character reminded too many of the cloud of recent scandals NCDP has been trying to escape. What am I talking about? Who wants to remember how in 2012 NCDP Executive Director Jay Parmley was forced out after he was accused of sexual harassment by a staffer? Fallout from the scandal also cost former State Chairman David Parker his job. Then last year former State Finance Director Ellen Stankiewicz accused Voller and allies of physically intimidating and bullying her. Stankiewicz filed an EEOC complaint after Voller and Mann refused to make reasonable accomodations for a chronic health problem. Which brings us back to the NCDP Executive Director position. A day after Voller withdrew the Chavis

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nomination, he named Casey Mann interim Executive Director of NCDP. The choice roiled many of the party faithful. State Auditor Beth Wood, a Democrat, raised concerns about the NCDP’s ability to raise money and Mann’s ties to Voller. In a letter sent to the NCDP Executive Council, Wood wrote, “We will NEVER be able to raise money as long as there is no confidence in the handling of contributors’ moneys.” Wood also asked Voller for an immediate refund of her $500 contribution. She wrote that “it is apparent to me that there is no intent to put checks and balances in place that are necessary for financial accountability and fiscal

re s p o n s i b i l ity. As a CPA and the NC State Auditor, I know what fiscal accountability looks like and what it doesn’t.” Despite the protestations, a month later Voller removed the interim tag from Mann’s title. A day after being named the NCDP Executive Director, Mann talked to the press about the party’s financial troubles and admitted that while its historic headquarters on Hillsborough Street in Raleigh requires a lot of upkeep, Democrats aren’t yet ready to sell the building. Since Dempsey was fired in February, Chief Communications Director Micah Brooks Beasley and Tiffany Reynolds Richardson, a fundraiser, resigned. Individuals within the party say Voller forced them out. The missteps, ethical issues and internal divisions reflect a party in disarray and lacking leadership. Worst of all, most of it is self-inflicted. Let’s hope two years from now we’re not talking about the same sad story. 

Scandal is a regular column in Civitas Capitol Connection that will explore public corruption in NC Government. Have a local corruption story? Email corruption@nccivitas.org or call 919.834.2099.