Civitas July 2012 • Vol. 4, no. 6
HEALTH CARE FIGHT CONTINUES DESPITE COURT RULING
At the end of the Civitas/AFP “Hands Off My Health Care!” rally June 30, participants shredded the Affordable Care Act, which established Obamacare. BY karen duquette
NON-PROFIT ORG. US POSTAGE PAID Permit #144 Reidsville, NC
n June 28, the U.S. Supreme Court ruled on the Affordable Care Act (Obamacare) and declared the law constitutional. In the 5-4 decisions, Chief Justice John Roberts declared the individual mandate was a tax and therefore, constitutional under the Taxing and Spending Clause and that the Anti-Injunction Act did not apply. However, the individual mandate was found unconsti-
tutional under the Commerce Clause of the Constitution. Justices Scalia, Kennedy, Alito and Thomas dissented, arguing that the entire law was unconstitutional. Curiously, President Obama and Congress spent a lot of time convincing the American public that the individual mandate was not a tax, but rather a penalty. While the Court attempted to put some limits on the Commerce Clause, Congress can now simply circumvent the Constitution by declaring a mandate a tax. Congress can regulate commercial activity by putting a tax on commercial inactivity. If you do not purchase insurance in the future, you will be subjected to a tax with IRS consequences. What’s next? Buy a gym membership because it’s good for you or expect to pay a tax for not doing so? Another facet of the Court’s decision
involved Medicaid expansion. Going forward, states will not be forced to participate in the Medicaid expansion program and will continue to receive Medicaid funding at current levels. A key component of the Obamacare legislation was expanding Medicaid coverage to cover people with incomes up to 133 percent of the Federal Poverty Level (FPL). Currently, most states – including North Carolina – set income eligibility at 100 percent of FPL for most populations. Under the Obamacare legislation, the federal government would have been able to withhold all federal Medicaid funds from states (the federal government covers about 57 percent of Medicaid expenses in a cost-sharing program with the states) if states did not expand their coverage. So what happens to those on the lower end of the middle class? Those who no longer receive employer-based insurance coverage as a result of Obamacare and could have qualified for Medicaid under
the expansion plan but their state isn’t participating in the expansion program will be left with the possibility of no coverage – neither by their employer or through Medicaid. Middle-class Americans will be forced to purchase health insurance on the exchange market in which they will pay for a plan that may not fit the needs of their families — or else pay a tax. As a result, Obamacare will be the greatest tax on the middle class in our nation’s history. Conservatives must now focus on real patient-centered
reform that is state-focused. We need to ensure Americans have access to affordable, transparent and effective health care. Let’s put patients back in the driver’s seat. Such options include premium support plans for Medicaid and Medicare which allow these patients to choose an insurance plan on the free market that works for them. It also includes allowing citizens to purchase insurance across state lines and providing more OBAMACARE CONTINUED ON PG. 4
Hands Off Our Health Care! President Obama may have won a battle but the war on health care is not over. On Saturday, June 30, Civitas and Amercians for Prosperity held a joint rally telling President Obama and Congress, “Hands Off My Health Care!” The event turned out a crowd of concerned citizens ready to defend our health care freedom and choice. We would also encourage you to sign our online petition at www.nccivitas.org/Ocarepetition. (Or sign the copy on p. 3 inside.) Tell President Obama that you are sick of the government takeover of your private health care decisions today!
100 South Harrington Street Raleigh, N.C. 27603-1814 Vol. 4, No. 6
In This Issue Lawmakers Reject Perdue Vetoes page 4
Overrides May Signal New Era page 5
Citizen Watchdog Training page 6
N. Carolina on Good Track to Frack page 8
SCANDAL: Edwards Blunders Tar Justice Unit page 12
Lawmakers Reject How Much Budget Veto Is Enough? •F R O M THE
both chambers of the state legislature and sent to Gov. PerJust hours before this writ- due’s desk. After several days, ing, the state legislature over- Perdue decided to once again turned Gov. Perdue’s veto of veto the legislature’s budget the state budget for the second plan. This move put the ball in the General Assembly’s court, year in a row. During even years like as they are required to get two2012, state lawmakers tweak third majorities in both chamthe second year of the state’s bers to override a veto. The Senate voted 31-10 to two-year budget bill crafted in override Perdue’s odd years. veto, while the During this proHouse approved cess, both the state of the override House and Senate by a 74-45 marapprove their respecgin – the minitive budget proposmum number of als, which typically votes needed for include a number the two-thirds of differences. To majority. Votiron out these differences, both cham- Gov. Beverly Perdue ing in the Senate bers select several key budget strictly followed partisan lines, writers to a “conference com- while in the House six Demomittee” to develop a spending crats joined the unanimous proposal that both chambers Republican vote to secure the override. can agree upon. Overall, the FY 2012-13 The “compromise” budget bill crafted by the conference state budget tends to favor the committee was approved by Senate’s original plan far more by brian balfour
by jim tynen
Jim Tynen, Civitas Capitol Connection Editor
Here’s what liberal politicians really need to tell us: How much? As in: How much money do you want? How much power are you asking for? How much is enough? Consider Gov. Bev. Perdue’s remarks on June 26 about the budget state legislators had approved. “They need to reach down deep and do more for the children of this state,” she said. But how deep and how much more? Of course, it’s not really lawmakers who will be doing the work; taxpayers will be the ones digging into their pocketbooks for more. With that the case, they have the right to ask: How much would finally satisfy state government’s insatiable desire for our money? She didn’t say. For despite the economic crisis, the General Assembly
not only failed to trim spending, it failed to even hold the line on spending. Its $20.18 billion budget was $240 million more than the spending amount approved for 201213 in the two-year budget plan last year, and is half a billion more than the amount budgeted for the current fiscal year. Legislators didn’t have the nerve to touch many sacred cows, from a half-million bucks for Tryon Palace to more than $4 billion in Medicaid frills – medical services that not even the federal government requires states to pay for. Most of all, I can’t recall the governor or any NC elected official clearly saying: Here’s what we need, and we’ll never ask for a penny more. Oh, on the stump, politicians say they’ll cut spending. Once in office, however, usually they grow strangely silent. This year’s budget, in contrast, shouts out many lawmakers’ real attitude towards spending: “More, more, more.” In the end, Perdue’s veto was overriden. The final numbers, however, are less
“How much would finally satisfy state government’s insatiable desire for our money?”
Francis X. De Luca Francis.Deluca@nccivitas.org MANAGING EDITOR
Jim Tynen Jim.Tynen@nccivitas.org GRAPHIC DESIGNER Tiffany Taylor
important than answering the question, “How much?” NC government failed to do that this year. Taxpayers can only hope they do so in the next session.
so than the House budget proposal. The budget appropriates $20.18 billion – much closer to the $20.15 billion included in the Senate proposal than the $20.28 billion the House plan sought. The $20.18 billion is $240 million more than the spending amount approved for 2012-13 in the two-year budget plan last year; and is half a billion more than the amount budgeted for the current fiscal year. The final budget includes a 1.2 percent salary increase for state employees (including teachers), along with a 1 percent cost-of-living adjustment (COLA) for state retiree pension payments. The largest source of objection behind Gov. Perdue’s veto was in the area of K-12 public education. Perdue wanted $7.6B, the General Assembly plan spends $7.5B, yet Perdue sought a $760 million sales tax increase to allegedly more fully-fund K-12 education.
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REPEAL OBAMACARE NOW! The Supreme Court may have ruled against us but the fight is not over. Obamacare will lead to financial ruin for our country and infringes upon the very freedoms on which America was founded. We will not tolerate a government with no limits on its power seeking to control our every decision, especially those made privately between a patient and doctor. We demand that our elected officials and especially our President recognize this intrusion into the private life of every American and work to put an end to it. We will not stop until this federal health care takeover is fully and completely repealed.
Make your voice heard! Sign the Civitas Repeal Obamacare Now! petition Name (First, M.I., Last)
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2012 Conservative Leadership Conference “We sued the Justice Department and won both times.” -- Georgia Secretary of State Brian
Kemp, on the legal battles over its photo-ID voting law.
So what will leading Conservatives say and do at the 2013 Conservative Leadership Conference? Keep your eye out for more announcements from the Civitas Institute about the 2013 Conservative Leadership Conference.
Veto Overrides May Signal New Era by MATT WILLOUGHBY
(RALEIGH) – Six Democrats bolted from their party’s agenda and joined Republicans to override Governor Beverly Perdue’s veto of the legislative budget with a vote of 74-45 late on the night, of July 2. The Democratic Party seemed to crumble on the House floor with the “aye” votes from Rep. Marcus Brandon (D-Guilford), Rep. William Brisson (D-Bladen), Rep. Jim Crawford (D-Granville), Rep. Dewey Hill (D-Columbus), Rep. Darren Jackson (D-Wake), and Rep. Marian McLawhorn (D-Pitt). Representative Susi Hamilton (DNew Hanover) added to the clear supermajority margin by not casting a vote. While it was a bipartisan override of Perdue’s veto, the
debate was right along party lines. Democrats complained education would suffer from the Republican budget because revenue was diverted for tax breaks for the rich. Representative Verla Insko (D-Orange) said the money would be put to better use in government hands. “The government does create jobs,” claimed Insko. “The Internet was created for the Army by tax dollars. NASA and hundreds of inventions were created by tax dollars. The National Institutes of Health created all kinds of research that produces jobs.” Insko concluded, “It was all done by tax dollars.” That theme continued with Democrats as the Senate prepared to vote. But Sen. Tom Apodaca (R-Henderson) said the Democrats were playing with the facts again. “This is not intended for the rich,” said
Apodaca, “this is intended for small businesses.” “Government does not create jobs,” he said. “Employers create jobs, people create jobs, entrepreneurs create jobs.” The loss for Governor Perdue didn’t stop with the budget. The House and the Senate wasted no time in overriding the vetoes on changes to the Racial Justice Act restricting the use of statistics to show racial bias, and also setting up rules to clear the way for energy exploration with the use of “fracking.” The speeches by Democrats were not as spirited as they had been in the past when they controlled the General Assembly. In the wee hours of Tuesday morning it seemed they could feel an era was at end for them. On the other hand, spirits were high for Republicans as they sensed a new era beginning.
Obamacare CONTINUED FROM PG. 1
flexibility and choice in health insurance plans, including expanding Health Savings Accounts and catastrophic coverage plans. These reforms will allow more people to have access to not only affordable coverage but also quality health care.
We must also push for full repeal of Obamacare. Majority leadership at the federal level has already discussed plans to repeal this intrusive bill. On the state level, legislators must look to overriding Gov. Perdue’s veto of HB2, the Protect Health Care Freedom Act, a bill that would declare that the federal government cannot
punish North Carolinians for not purchasing health insurance. North Carolina lawmakers should also hold off on implementing a state-based exchange until absolutely necessary. With continued support, we can bring this nation back to its constitutional foundation and restore individual rights to our country.
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GA Cops Out on Debt Approval by brian balfour
An overwhelming 83 percent of likely North Carolina voters say the state government should not be allowed to borrow money without voter approval. But the last time citizens were allowed to vote on new state debt in the Tar Heel State was the year 2000. How can this be? The state is required to balance its annual operating budget; however, for capital projects like jails or new university buildings the state is allowed to borrow money. State lawmakers have exploited a legal loophole and have relied on alternative methods of state government debt spending that don’t require voter approval for the past dozen years. The primary debt vehicle is known as Certificates of Participation (COPs), which uses the building itself as collateral for the loan rather than the “faith and credit” of taxpayers. COPs have been the preferred method of non-voter approved debt since 2000. Without the check of voter approval, state debt has unsurprisingly skyrocketed. Per capita state debt has more
than doubled in the last decade, while annual debt service payments have tripled. House Bill 491, however, was introduced in 2011 to halt this trend. This bill would repeal the statutory authority enabling the state to issue Certificates of Participation (COPs) as a form of debt financing. The bill passed the House last session and was sent to the Senate Finance Committee, where it awaited further debate in the 2012 session. Sadly, the Senate Finance committee, co-chaired by Fletcher Hartsell, Jr. (RCabarrus) and Bob Rucho (RMecklenburg), decided not to even schedule a discussion of the bill.
“Without the check of voter approval, state debt has unsurprisingly skyrocketed.” As fiscal conservatives look back at the 2012 legislative session, failure to even discuss HB 491 should be looked upon as a significant missed opportunity.
Keep In Touch with Civitas Things are always moving quickly in Raleigh. Civitas is working to keep you updated on what your legislators are doing. Keep up with us on the web at your favorite site:
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‘Justice’ ...for All? by angela hight
ing freed. This is not the case, however. The RJA applies to convicted murderers who are sentenced to the death penalty, but believe, whether accurately or not, that the death sentence was given because of their race. In Robinson’s case, with the death penalty vacated, he was sentenced to life in prison.
By overriding Gov. Bev Perdue’s veto of changes to the Racial Justice Act, the General Assembly tried to restore balance in imposing the death penalty in North Carolina.The Amend Death Penalty Procedures bill (SB 416) had been the subject of spirited debate this session. This legislation “‘Our purpose is to get the was spotlighted when a judge reduced convicted focus back on the defendant,’ murderer Marcus Robsaid House Majority Leader inson’s death sentence Rep. Paul Stam (R-Wake). to life without parole. Under the Racial Justice ‘Something that happened in Act of 2009 (RJA), Robanother century in another part inson presented statistical evidence claiming of the state involving other to show that racial bias people is just not relevant.’” had marred jury selection and deliberations in After almost all of the inNorth Carolina. SB 416 would deem statistical evidence alone mates on NC’s death row filed as insufficient for proving ra- claims under the Act, including cial discrimination in capital several white prisoners, House cases. It would also limit use of leadership felt the need to reasstatistical evidence to the pros- sess the intentions of the Act. ecutorial district where the de- “Our purpose is to get the focus fendant was tried, and also to a back on the defendant,” said 12-year window -- ten years be- House Majority Leader Rep. fore the crime was committed Paul Stam (R-Wake). “Someand two years after the sentence thing that happened in another century in another part of the was given. There is some confusion as state involving other people is to what the RJA does – media just not relevant.” reports often lead us to believe Intern Carrie Leggins that innocent men who have contributed to this article. been wrongly convicted are be-
Snapshots from the Civitas Polls by civitas staff
Our May Civitas Poll revealed some nuggets about what North Carolina’s likely voters are thinking in this crucial election year.
Independent voters shift: The newest Civitas Flash Poll suggests that Mitt Romney has gained crucial North Carolina support in the wake of the Supreme Court ruling on Obamacare. In a poll taken June 29July 1, 50 percent of voting age North Carolinians supported the former Massachusetts governor. President Obama was backed by 45 percent. In the March Civitas Poll, Romney led Obama 47 percent to 45 percent. The new Flash Poll follows the June Supreme Court decision that declared the crucial parts of the federal health takeover – Obamacare – to be constitutional. In the poll, 50 percent of adults surveyed said they disagreed with the high court’s ruling; 45 percent said they expected the health care they themselves receive to get worse; and more than half expected their care to get more expensive. Among independents – listed as unaffiliated in North Carolina – Romney led the
president 54 percent to 36 percent. This is the continuation of a trend that began earlier this year. In the March Civitas Poll, among unaffiliated voters Romney was up 49-40 percent. That in turn was a double-digit improvement from February, when he was down by 2 percent among those voters. Also, in the newest poll, by 65 percent to 28 percent, independents said the nation was off on the wrong track. This was even darker than the overall view: Among all respondents, 60 percent said the nation was on the wrong track; 34 percent said it was headed in the right direction.
Ready for reform: By large margins, in the regular Civitas Poll in May North Carolinians support a wide range of school reforms that were debated in the short session by the state General Assembly. These reforms are part of a larger education initiative that has been introduced in the state Senate. For example, by big margins, voters favor ending tenure for public school teachers. In two pools of voters queried, 74 percent and 67 percent favored doing away with the lifetime job guarantees and replacing that guarantee with multi- or single-year contracts.
“These results confirm what we’ve thought for a long time. People know we need to make changes in our schools. They know we can do better,” said Bob Luebke, senior policy analyst for the Civitas Institute.
Drill, baby, drill: The May Civitas Poll also revealed widespread support for developing North Carolina’s oil and natural gas resources. Over two-thirds (68 percent) of likely voters support some type of drilling with nearly half (48 percent) of them saying the state should drill both offshore and on land for oil and natural gas. Another 10 percent favor drilling only on land, with the same amount favoring offshore drilling alone. Only 23 percent of those polled were opposed to both kinds of drilling. “The voters of North Carolina understand the benefits of using the natural resources found right here,” De Luca said. “Energy exploration means good jobs now and plentiful energy in the future. The General Assembly should listen to the voters and ignore propaganda from a clique of special interests trying to prohibit the use of natural resources found right here.”
Civitas Poll Presentation Join Civitas for our July monthly poll presentation. Our polling examines voter opinion on the most significant and current issues
such as government spending, state debt, health care, energy,
social policy, election reform, and much more. Additionally, we measure approval ratings for national and state leaders, allowing attendees to gauge voter sentiment on elected officials.
Special Guest Commentator: Rob Christensen DoubleTree Raleigh Brownstone Hotel visit www.nccivitas.org/poll-lunch for more information
CALLING ALL CITIZEN BLOGGERS, JOURNALISTS & WATCHDOGS! If you think government is too big, too corrupt and too out-of-control,
NC Watchdog Training will give you the tools to fight back. FRIDAY KEYNOTE SPEAKER:
JAMES O’KEEFE whose Project Veritas is famed for its investigations of ACORN, voter fraud and Medicaid.
Also appearing: Katie Pavlich author of Fast and Furious: Barack Obama’s Bloodiest Scandal and the Shameless Cover-Up.
Bob Luebke - Civitas Institute Erik Telford - Franklin Center Trent Siebert - Texas Watchdog Tabitha Hale - Franklin Center Anita Moncrief - TruetheVote DoubleTree Raleigh Brownstone Hotel
MARK YOUR CALENDAR! JULY JULY 27 28
HOSTED BY: Civitas Institute & Franklin Center for Government and Public Integrity
$10 for Friday Dinner with James O’Keefe $20 for Friday Dinner & Saturday Trainings Individual breakout sessions will be available for bloggers and watchdogs sign up online or call 919.834.2099
for more details visit www.nccivitas.org/events
Making it Harder to Start Your Own Landscaping Business by clark riemer
The specter of occupational licensing is once again growing in North Carolina, threatening to make it harder for people to find work. In this case the culprit is SB 447, a bill that would dramatically increase the licensing and regulation of landscape contractors in North Carolina. The bill was passed by the House Commerce Committee in June but was then sent to the House Finance Committee, where it died. The bill would dramatically expand the definition of landscape contractor in order to regulate more and more businesses that engage in yard work. The current statute includes a limited definition of landscape contractors and mainly deals with registering those who actually operate a business which calls itself a landscape contractor. The new law would insert a much more expansive definition of landscaping work that requires a license. The bill would add “horticulture consultation,” “planting design,” and installing “low voltage lighting systems” and other categories to the occupations requiring a license. The Institute for Justice currently rates North Carolina’s Landscape Contractor’s license as the fifth most burdensome in the state. Indeed, the education requirements for landscape contractors are so extreme that they were among the ones I highlighted in my recent series of articles on occupational licensing: Held Back by Red Tape. SB 447 will only increase these burdens by expanding them to more people. SB 447 also authorizes the landscape licensing Board to increase fees to $225 from the current $195 in order to get a license.
While landscape contracting has been licensed in North Carolina since 1975, according to an Institute for Justice study the profession is only licensed in nine other states. Among the 10 states that do license landscape contractors, North Carolina’s licensing program is among the most burdensome, requiring three years of education and experience before full licensure. Seven of the 10 states have no education requirements. Of our neighboring states, only Georgia also requires a license. According to the Institute of Justice, only two other states currently impose the licensing requirements being proposed in SB 447. One wonders how grass survives in those 48 states. In truth this bill has nothing to do with protecting consumers or protecting the environment. It only protects one thing — the jobs of current landscape contractors. Touting SB 447, the NC Landscape Contractor License Committee claims on its website: “While the license establishes strict criteria for training, testing and continuing education, it also provides a fair and broad path for experienced, qualified landscape contractors to grandfather into the new license without the requirement of testing.” In short, the bill will ensure current contractors can remain in their jobs with minimal hardship, while making it dramatically harder for new entrants to become contractors.
NC Jobless Rate Jumps in May 14 Metropolitan Statistical Areas. Burlington was the only Metropolitan Area to show a decrease. The Rocky Mount Metro Area had the highest unemployment rate in May at 12.5 percent; Durham/Chapel
Hill had the lowest unemployment rate at 7.4 percent. Continuing a long-term trend, North Carolina’s unemployment rate was 1.2 percentage points higher than the national rate (8.2 percent) in the
month of May. And according to the federal Bureau of Labor Statistics, among the 50 states, the Tar Heel State still ranks 47th, trailing only economic basket-cases Nevada, Rhode Island and California.
Unemployment: Sept. 2008 - May 2012 12.0%
United States North Carolina
Hopes that North Carolina’s economy was improving took a big hit with the latest jobs figures. The statewide unemployment rates rose by 0.3 percentage points to 9.4 percent in May, according to a North Carolina Department of Commerce-Labor and Economic Analysis Division news release reporting the most recent notseasonally adjusted unemployment rates. The number of workers employed increased in May by 11,632 to 4,223,768, but the number of workers unemployed rose by 17,758 to 439,528. Only 33 counties were at or below the state’s unemploy-
ment rate of 9.4 percent. Unemployment rates rose in 76 of North Carolina’s 100 counties in May; the unemployment rates fell in 21 counties and were unchanged in three. Unemployment rates also increased in 13 of the state’s 14 Metropolitan Statistical Areas and declined in one. Scotland County recorded May’s highest unemployment rate at 16.9 percent (0.5 percent lower than April), it was one of the 21 counties where the rates fell. Currituck County had the lowest unemployment rate at 5.2 percent, followed by Orange, at 6.2 percent. The unemployment rates increased in 13 of the state’s
Percent Unemployment Seasonally Adjusted
by susan myrick
State Unemployment Rates, May 2012 Ashe 11.3
Stokes Rockingham Caswell Person 8.9 10.9 9.3 10.3
Camden Gates 7.4 Currituck Northampton Hertford 7.1 5.2 11.0 Pasquotank 10.6 Halifax 10.3 12.8 Perquimans Chowan 9.8 Bertie 10.2 11.6 Nash Tyrrell 11.9 Edgecombe Washington Martin 13.6 9.4 11.5 11.2 Wilson Dare 13.0 9.9 Pitt
Vance Warren 13.5 12.4
Watauga Wilkes Granville 8.2 10.9 Yadkin 9.7 Forsyth Avery Orange 8.8 Franklin Guilford Mitchell 8.9 11.4 6.2 9.2 9.5 11.3 CaldwellAlexander Durham Davie Alamance Madison Yancey 11.7 11.1 7.7 8.9 9.4 10.5 9.3 Iredell Wake Davidson 9.8 7.5 McDowell Burke 10.2 Randolph Chatham Catawba 10.4 Buncombe 11.3 Rowan 9.8 7.1 Haywood 10.8 7.5 10.0 8.1 9.7 Swain Johnston Lincoln Greene Beaufort Lee Hyde Graham 11.7 8.3 Rutherford 10.1 Cabarrus 10.2 10.7 11.6 9.2 Henderson 15.7 Harnett Wayne 13.9 Jackson 9.1 Montgomery Polk Stanly Gaston 7.1 10.6 8.6 Moore Cleveland 9.6 Mecklenburg 11.5 Lenoir Transylvania 7.7 9.7 Cherokee 10.3 Craven Macon 8.6 10.2 9.6 Pamlico 10.2 9.6 Clay 12.7 9.7 9.9 9.8 9.6 Jones Cumberland Union Sampson 11.5 Anson Richmond Hoke 9.9 Duplin 8.0 NC Counties 12.3 8.1 11.7 9.2 9.2 Scotland Carteret % Unemployed 16.9 8.4 Onslow 5.2 - 7.7 8.6 Bladen Robeson Pender 11.6 12.9 7.8 - 9.4 11.0
9.5 - 10.9
11 - 12.9 13 - 16.9
New Hanover 9.0
Source: North Carolina Employment Security Commission Map chart data preliminary and not seasonally adjusted
2008-2012 Unemployment Rate Comparison County
Weak Compromise by susan myrick
There were rumblings early in this short legislative session that House Republicans were looking for a compromise to HB 351 (Restore Confidence in Government), the voter photo ID bill passed in 2011 that was subsequently vetoed by Gov. Beverly Perdue. The compromise was never revealed, but Republicans admit that they failed to find at least four Democrats who would sign on to a watered-down version of the original voter photo ID bill. The original bill required a government-issued photo ID in order to vote. It wasn’t just Democrats who were unhappy with the possibility of a compromise. David Lewis, R-Harnett, Chairman of the House Elections Committee, admitted that he would have had a hard time holding his caucus together with a weak voter ID bill. Ultimately, to gain enough Democratic votes, the language would have weak-
ened HB 351 to the point that any assurances that voters were proving their identity before voting would be removed. Proponents of voter photo ID had high hopes after the historic 2010 election, but a compromise is not what they had in mind. They understand that the new majority is their first hope of true election reform. They also understand that North Carolina’s election code is full of bad, weak and poorly written laws, so adding another bad law because Governor Perdue and liberal politicians stand in the way of implementing meaningful reform is not in the voters’ best interest. A strong voter photo ID bill will be a step in the right direction to ensure the integrity of the electoral process in North Carolina. The state’s voters should be glad the General Assembly balked at a sham compromise. The majority’s stand in the next session should be: Forget the bad law; we will wait for a law that will protect the people’s votes.
Falsified Letters Case Goes to Ethics Panel by matt willoughby
A chief advisor to Governor Beverly Perdue admitted to the Senate Rules Committee he was the one who edited letters misleading Senators about support from a Department of Transportation official for funding of two road projects. Former Democratic legislator Pryor Gibson said he added a line indicating DOT Chief Operating Officer Jim Trogdon recommended funding in the current budget. But in fact in an earlier document Trogdon recommended delaying funding. The letters Gibson sent lawmakers had Trogdon’s signature electronically added by Deputy Secretary Susan Coward – without his consent. Trogdon found out about it and had the letters retracted. Trogdon said Coward was pressured by Gibson to add
the language. “She’s known him for 20 years and trusted his statement and judgment,” said Trogdon, “and in this case
“‘She’s known him for 20 years and trusted his statement and judgment...’” - Jim Trogdon referring to Susan Coward and Pryor Gibson that judgment was flat wrong.” Gibson told the committee it was simply a mistake and he had apologized to Trogdon and Coward. During one day of testimony DOT staffer Vickie Stanley broke into tears as she told the panel she was the one who signed Trogdon’s name after Gibson had given her the false statements to add. Democratic Sen. Stan White introduced the falsi-
fied letters during debate over funding the Garden Parkway toll road project in Gaston County and the Mid-Currituck Bridge on the Outer Banks, which is in his district. The Senate budget delayed the funding at Trogdon’s suggestion and White used the letters to show Trogdon had apparently changed his stance. White’s attempt failed. Another document entered as evidence appears to link Governor Perdue directly to the letters by saying she wanted to discuss the issues with DOT officials. Senate Rules Chairman Republican Sen. Tom Apodaca held four days of hearings on the altered letters. He said Gibson’s and Trogdon’s testimony didn’t match up. On June 28 the Rules Committee voted to refer the allegations against Gibson to the State Ethics Commission. Apodaca said while there didn’t appear to be criminal intent there certainly was an ethical issue.
Myths of Voter ID by alex rector
Voter photo ID (House Bill 351) has been dead in the water since Gov. Perdue vetoed it a year ago. Speculation looms that if Republican candidate Pat McCrory wins the governorship, HB 351 would have a sure shot at being passed without fear of veto. The legislation would simply require voters to present photo identification when casting a ballot. Now is a good time to pick apart some of the myths put forth by the opposition of this measure.
Myth #1: Voter ID laws restrict low-income citizens from voting
Perhaps the most concrete evidence that voter photo ID laws are not burdens on citizens comes from the 2008 Supreme Court case Crawford v. Marion County Election Board. Indiana passed a law that required voters in Indiana to show a form of photo ID issued. Liberal activist groups sued, claiming that the law placed an “undue burden on the right to vote.” The case made its way to the U.S. Supreme Court. Plaintiffs in the case could not produce a single citizen who would not be able to meet the law’s requirements. The Court ruled 6-3 in favor of Indiana’s voter photo ID law.
Myth #2: Voter ID is a poll tax
False. HB 351 says, “No fee shall be charged or collected for the application for or issuance of a North Carolina voter identification card.” Although an identification card at a local DMV is only $10, the General Assembly understood that there are North Carolinians who could not afford the expense. Therefore, an identification card will be provided for them by the state. This shows that HB 351 seeks to bar no one from voting.
Myth #3: Cases of voter fraud are few and far between
This myth is a catch-22 situation: Without photo ID requirement, it’s almost impossible to detect and punish voter fraud; liberal activist then claim “there’s nothing to see here.” Without voter photo ID laws, one could plausibly vote at one polling location under one name, go to the next, and as long as one has the correct name and address match, vote again without being caught.
Even if a poll worker identifies the false name, the fraudulent voter can just step away from the table and go home, or claim he or she mispronounced the name. Without a photo ID requirement, officially detected cases of voter fraud will always be few and far between.
Myth #4: You cannot be forced to show photo ID to exercise your “right” to vote
To understand why this is a myth, let us look at how photo ID affects another “right.” In Leandro v. State of North Carolina, a unanimous state Supreme Court ruled that all children in the state of North Carolina had constitutional rights to an “equal opportunity to receive a sound basic education.” So education enrollment should be photo ID-free as well, correct? This is not the case, however. In a random sampling of counties, Civitas Institute researchers found that counties such as Catawba, Wake, Alamance, Cumberland, Durham, and Johnston required the photo ID of a parent to exercise their “right” to access public education. And what about all those people without photo ID the liberals claim exist? The school districts can’t seem to find them. For example, an administrator in Johnston County who was a high school principal for 10 years said he “never had an instance in 10 years where a parent did not have an ID.” A Wake County Schools administrator, asked if the district ran into the problem of parents not having photo ID’s, answered, “No, we don’t.”
Myth #5: Under a photo ID law, if a voter does not have correct ID at the voting booth on voting day, he or she cannot cast a ballot
False. Section 1.1 (b) of HB351 states “any voter without photo identification shall be permitted to vote a provisional official ballot.”
Energy: Don’t Ignore the Fracts by andrew blackburn
North Carolina has long been identified as one of the best locations on the East Coast to establish offshore wind, a poster child of the green energy movement. Activists have been pushing to ramp up public funding for
Many point to Spain as a shining example of green energy — of thousands of green sector jobs created, and huge quantities of wind energy produced. But in 2009 a study by a Spanish economist revealed the truth: For every green job created, 2.2 other jobs were destroyed. It turns out that with government mandated artificial green jobs (to the tune of $713,502 tax dollars per job created) and resulting high utility rates, there wasn’t enough money for companies to hire new employees or keep old ones. The professor went on to predict that the United States would see similar figures should it follow Spain. This can be compared to the new Yale study “Arithmetic of Shale Gas,” which discusses the economic impact of hydraulic fracturing (called
“...a Spanish economist revealed the truth: For every green job created, 2.2 other jobs were destroyed.” the wind sector for years, but recent talk of hydraulic fracturing in North Carolina has them spooked. It has now become a battle of job and revenue forecasts. A look at the numbers quickly takes the wind out of their sails.
fracking) across the United States. The study revealed that thanks to the falling price of natural gas, and resulting drop in the cost of energy, consumer benefits will exceed $100 billion (yes that’s with a B) per year, so long as present production rates are maintained. The study actually inflated pollution costs (to over $250 million), and still came out with an economic benefit of 400-to-1 against environmental costs. The data makes a potent case: Safe, cheap natural gas equals more money for businesses, more jobs for workers, and more money in the pocket of citizens. While Perdue vetoed a law allowing for development of this valuable energy source, the General Assembly was able to quickly override her veto. A quick look at these two studies makes their decision obvious: Allow North Carolina to provide jobs and cheap clean energy for its citizens.
Education Round Up by bob luebke
Legislative Short Session took a few steps to improve public education in NC, but stalled on some important reforms, which means the next session will again be battling over the best way to improve schools. While the airwaves may be filled with talk of budget cuts and layoffs, the actual budget numbers suggests an additional $92 million dollars is being spent on public education over and above approved 2011 budget levels. This includes an additional $62 million for public schools, $5.1 million for community colleges and $24.1 million for the UNC System. Considering the ongoing economic woes, these amounts are probably surprisingly high to most North Carolinians. The budget provides $251 million to K-12 schools to help replace the loss of federal stimulus funds; cancels $143 million in budget cuts for local education agencies that were part of last year’s budget; and includes a 1.2 pay increase for public school teachers. The Excellent Public Schools act, introduced by Sen. Phil Berger (R-Rockingham), passed
by the Senate and later included in the State budget, will also have a significant impact on public education in North Carolina. Included in the bill is $3.5 million for early learning and literacy programs. Also included is $27 million is provided for third-grade literacy and ending social promotion. The bill also calls on local education agencies (LEAs) to develop and administer local merit pay plans for teachers. Impact can also be assessed by what was not approved. The final budget bill failed to include the most significant provisions of SB 795 to abolish teacher tenure in favor of one- and multiple-year contracts between teachers and the school districts. The conferees budget also failed to approve additional funding for The Governor’s School and Teaching Fellows Programs. In recent years the Governor’s School has been the subject to charges of having a politicized curriculum. Lawmakers cut funding last year and urged supporters to find additional funding if they wished to keep the school running. Lawmakers also failed to provide additional funding to keep the Teaching Fellows program, a program for college-aged adults
who wish to pursue teaching. The program is administered by the Public School Forum. The Teaching Fellows program is being phased out in favor of the NC Teacher Corps, a program modeled after Teach for America that trains mid-career professionals who want to enter the education field. While the dollar savings for these programs are not huge, the decision not to fund them represents an important victory for conservatives who believe such programs should rise and fall on their own. Finally, conservatives are disappointed that legislation (HB 1104) to provide businesses with tax credits for contributions to scholarship organizations failed to pass. The bill would have provided scholarships for children from households at or below 225 percent of the federal poverty line, approximately $50,000 for a family of four. The bill would have given many children from lower income levels a chance to do what many other children already can: attend a quality school of their choosing. The legislation enjoys strong support among the public and will most likely be re-introduced in the January session.
On the Road... Fighting for Freedom The Civitas Institute is proud to present one of today’s foremost champions of free enterprise at a special luncheon event in Charlotte.
Arthur Brooks, president of the American Enterprise Institute, will be our keynote speaker at the Charlotte Marriott SouthPark hotel on July 18, at 11:45 a.m. Brooks galvanized the crowd at Civitas’ Conservative Leadership Conference in March, and we know you won’t want to miss this special event. He is sure to empower everyone in attendance to keep pushing for a brighter future.
Sign up! www.nccivitas.org/brooks If you prefer to register by phone or have questions, call the Civitas Institute at 919.834.2099 If you’d like to buy Brooks’ newest book, The Road to Freedom: How to Win the Fight for Free Enterprise, be sure to indicate that when you register.
How do I Contact My Legislator? House 1 Camden, Currituck, Pasquotank, Tyrrell Bill Owens (D) Rm. 611, 300 N. Salisbury St. 919-733-0010 Bill.Owens@ncleg.net 2 Chowan, Dare, Hyde, Washington Timothy L. Spear (D) Rm. 402, 300 N. Salisbury St. 919-715-3029 Tim.Spear@ncleg.net 3 Craven, Pamlico Norman W. Sanderson (R) Rm. 306A2, 300 N. Salisbury St. 919-733-5853 Norman.Sanderson@ncleg.net 4 Duplin, Onslow Jimmy Dixon (R) Rm. 1002, 16 West Jones St. 919-715-3021 Jimmy.Dixon@ncleg.net 5 Bertie, Gates, Hertford, Perquimans Annie W. Mobley (D) Rm. 501, 300 N. Salisbury St. 919-733-5780 Annie.Mobley@ncleg.net 6 Beaufort, Pitt Bill Cook (R) Rm. 1303, 16 West Jones St. 919-733-5906 Bill.Cook@ncleg.net 7 Halifax, Nash Angela R. Bryant (D) Rm. 542, 300 N. Salisbury St. 919-733-5878 Angela.Bryant@ncleg.net 8 Martin, Pitt Edith D. Warren (D) Rm. 1323, 16 West Jones St. 919-715-3023 Edith.Warren@ncleg.net 9 Pitt Marian N. McLawhorn (D) Rm. 1217, 16 West Jones St. 919-733-5757 Marian.McLawhorn@ncleg.net 10 Greene, Lenoir, Wayne Stephen A. LaRoque (R) Rm. 635, 300 N. Salisbury St. 919-715-3017 Stephen.LaRoque@ncleg.net 11 Wayne Efton M. Sager (R) Rm. 416B, 300 N. Salisbury St. 919-733-5755 Efton.Sager@ncleg.net 12 Craven, Lenoir William L. Wainwright (D) Rm. 613, 300 N. Salisbury St. 919-733-5995 William.Wainwright@ncleg.net 13 Carteret, Jones Pat McElraft (R) Rm. 637, 300 N. Salisbury St. 919-733-6275 Pat.McElraft@ncleg.net 14 Onslow George G. Cleveland (R) Rm. 417A, 300 N. Salisbury St. 919-715-6707 George.Cleveland@ncleg.net 15 Onslow Phil R. Shepard (R) Rm. 301N, 300 N. Salisbury St. 919-715-9644 Phil. Shepard@ncleg.net
16 New Hanover, Pender Carolyn H. Justice (R) Rm. 420, 300 N. Salisbury St. 919-715-9664 Carolyn.Justice@ncleg.net
30 Durham Paul Luebke (D) Rm. 513, 300 N. Salisbury St. 919-733-7663 Paul.Luebke@ncleg.net
44 Cumberland Diane Parfitt (D) Rm. 1017, 16 West Jones St. 919-733-9892 Diane.Parfitt@ncleg.net
58 Guilford Alma Adams (D) Rm. 604, 300 N. Salisbury St. 919-733-5902 Alma.Adams@ncleg.net
72 Forsyth Earline W. Parmon (D) Rm. 509, 300 N. Salisbury St. 919-733-5829 Earline.Parmon@ncleg.net
17 Brunswick Frank Iler (R) Rm. 632, 300 N. Salisbury St. 919-301-1450 Frank.Iler@ncleg.net
31 Durham Henry M. Michaux, Jr. (D) Rm. 1220, 16 West Jones St. 919-715-2528 Mickey.Michaux@ncleg.net
45 Cumberland Rick Glazier (D) Rm. 1021, 16 West Jones St. 919-733-5601 Rick.Glazier@ncleg.net
59 Guilford Maggie Jeffus (D) Rm. 1307, 16 West Jones St. 919-733-5191 Maggie.Jeffus@ncleg.net
73 Davidson, Forsyth Larry R. Brown (R) Rm. 303, 300 N. Salisbury St. 919-733-5607 Larry.Brown@ncleg.net
18 New Hanover, Pender Susi H. Hamilton (D) Rm. 1319, 16 West Jones St. 919-733-5754 Susi.Hamilton@ncleg.net
32 Granville, Vance James W. Crawford, Jr. (D) Rm. 1321, 16 West Jones St. 919-733-5824 Jim.Crawford@ncleg.net
46 Hoke, Robeson, Scotland G.L. Pridgen (R) Rm. 2223, 16 West Jones St. 919-733-5821 Gaston.Pridgen@ncleg.net
60 Guilford Marcus Brandon (D) Rm. 1209, 16 West Jones St. 919-733-5825 Marcus.Brandon@ncleg.net
74 Forsyth Dale R. Folwell (R) Rm. 301F, 300 N. Salisbury St. 919-733-5787 Dale.Folwell@ncleg.net
19 New Hanover Daniel F. McComas (R) Rm. 506, 300 N. Salisbury St. 919-733-5786 Danny.McComas@ncleg.net
33 Wake Rosa U. Gill (D) Rm. 1305, 16 West Jones St. 919-733-5880 Rosa.Gill@ncleg.net
47 Robeson Charles Graham (D) Rm. 1315, 16 West Jones St. 919-715-0875 Charles.Graham@ncleg.net
61 Guilford John Faircloth (R) Rm. 306A3, 300 N. Salisbury St. 919-733-5877 John.Faircloth@ncleg.net
75 Forsyth Wm. C. “Bill” McGee (R) Rm. 634, 300 N. Salisbury St. 919-733-5747 William.McGee@ncleg.net
20 Brunswick, Columbus Dewey L. Hill (D) Rm. 1309, 16 West Jones St. 919-733-5830 Dewey.Hill@ncleg.net
34 Wake Grier Martin (D) Rm. 1219, 16 West Jones St. 919-733-5758 Grier.Martin@ncleg.net
48 Hoke, Robeson, Scotland Garland E. Pierce (D) Rm. 1204, 16 West Jones St. 919-733-5803 Garland.Pierce@ncleg.net
62 Guilford John M. Blust (R) Rm. 1229, 16 West Jones St. 919-733-5781 John.Blust@ncleg.net
76 Rowan Fred F. Steen, II (R) Rm. 305, 300 N. Salisbury St. 919-733-5881 Fred.Steen@ncleg.net
21 Sampson, Wayne Larry M. Bell (D) Rm. 606, 300 N. Salisbury St. 919-733-5863 Larry.Bell@ncleg.net
35 Wake Jennifer Weiss (D) Rm. 1109, 16 West Jones St. 919-715-3010 Jennifer.Weiss@ncleg.net
49 Franklin, Halifax, Nash Glen Bradley (R) Rm. 536, 300 N. Salisbury St. 919-733-5860 Glen.Bradley@ncleg.net
63 Alamance Alice L. Bordsen (D) Rm. 602, 300 N. Salisbury St. 919-733-5820 Alice.Bordsen@ncleg.net
77 Rowan Harry Warren (R) Rm. 533, 300 N. Salisbury St. 919-733-5784 Harry.Warren@ncleg.net
22 Bladen, Cumberland William D. Brisson (D) Rm. 1325, 16 West Jones St. 919-733-5772 William.Brisson@ncleg.net
36 Wake Nelson Dollar (R) Rm. 307B1, 300 N. Salisbury St. 919-715-0795 Nelson.Dollar@ncleg.net
50 Caswell, Orange Bill Faison (D) Rm. 405, 300 N. Salisbury St. 919-715-3019 Bill.Faison@ncleg.net
64 Alamance Dan W. Ingle (R) Rm. 530, 300 N. Salisbury St. 919-733-5905 Dan.Ingle@ncleg.net
78 Randolph Harold J. Brubaker (R) Rm. 302, 16 West Jones St. 919-715-4946 Harold.Brubaker@ncleg.net
23 Edgecombe, Wilson Joe P. Tolson (D) Rm. 608, 300 N. Salisbury St. 919-715-3024 Joe.Tolson@ncleg.net
37 Wake Paul Stam (R) Rm. 2301, 16 West Jones St. 919-733-2962 Paul.Stam@ncleg.net
51 Harnett, Lee Mike C. Stone (R) Rm. 1008, 16 West Jones St. 919-715-3026 Michael.Stone@ncleg.net
65 Rockingham Bert Jones (U) Rm. 306A1, 300 N. Salisbury St. 919-733-5779 Bert.Jones@ncleg.net
79 Davie, Iredell Julia C. Howard (R) Rm. 1106, 16 West Jones St. 919-733-5904 Julia.Howard@ncleg.net
24 Edgecombe, Wilson Jean Farmer-Butterfield (D) Rm. 631D, 300 N. Salisbury St. 919-733-5898 Jean.Farmer-Butterfield@ncleg.net
38 Wake Deborah K. Ross (D) Rm. 1023, 16 West Jones St. 919-733-5773 Deborah.Ross@ncleg.net
52 Moore James L. Boles, Jr. (R) Rm. 503, 300 N. Salisbury St. 919-733-5903 Jamie.Boles@ncleg.net
66 Montgomery, Richmond Ken Goodman (D) Rm. 1111, 16 West Jones St. 919-733-5823 Ken.Goodman@ncleg.net
80 Davidson Jerry C. Dockham (R) Rm. 2204, 16 West Jones St. 919-715-2526 Jerry.Dockham@ncleg.net
25 Nash Jeff Collins (R) Rm. 1006, 16 West Jones St. 919-733-5802 Jeff.Collins@ncleg.net
39 Wake Darren G. Jackson (D) Rm. 1019, 16 West Jones St. 919-733-5974 Darren.Jackson@ncleg.net
53 Harnett David R. Lewis (R) Rm. 534, 300 N. Salisbury St. 919-715-3015 David.Lewis@ncleg.net
67 Montgomery, Stanly, Union Justin P. Burr (R) Rm. 538, 300 N. Salisbury St. 919-733-5908 Justin.Burr@ncleg.net
81 Davidson Rayne Brown (R) Rm. 638, 300 N. Salisbury St. 919-715-0873 Rayne.Brown@ncleg.net
26 Johnston N. Leo Daughtry (R) Rm. 2207, 16 West Jones St. 919-733-5605 Leo.Daughtry@ncleg.net
40 Wake Marilyn Avila (R) Rm. 2217, 16 West Jones St. 919-733-5530 Marilyn.Avila@ncleg.net
54 Chatham, Moore, Orange Joe Hackney (D) Rm. 612, 300 N. Salisbury St. 919-733-3451 Joe.Hackney@ncleg.net
68 Union D. Craig Horn (R) Rm. 1010, 16 West Jones St. 919-733-2406 Craig.Horn@ncleg.net
82 Cabarrus Larry G. Pittman (R) Rm. 1321, 16 West Jones St. 919-715-2009 Larry.Pittman@ncleg.net
27 Northhampton, Vance, Warren Michael H. Wray (D) Rm. 502, 300 N. Salisbury St. 919-733-5662 Michael.Wray@ncleg.net
41 Wake Tom Murry (R) Rm. 2121, 16 West Jones St. 919-733-0010 Tom.Murry@ncleg.net
55 Durham, Person W. A. (Winkie) Wilkins (D) Rm. 1301, 16 West Jones St. 919-715-0850 Winkie.Wilkins@ncleg.net
69 Anson, Union Frank McGuirt (D) Rm. 1015, 16 West Jones St. 919-715-3007 Frank.McGuirt@ncleg.net
83 Cabarrus Linda P. Johnson (R) Rm. 301D, 300 N. Salisbury St. 919-733-5861 Linda.Johnson2@ncleg.net
28 Johnston, Sampson James H. Langdon, Jr. (R) Rm. 417B, 300 N. Salisbury St. 919-733-5849 James.Langdon@ncleg.net
42 Cumberland Marvin W. Lucas (D) Rm. 607, 300 N. Salisbury St. 919-733-5775 Marvin.Lucas@ncleg.net
56 Orange Verla Insko (D) Rm. 603, 300 N. Salisbury St. 919-733-7208 Verla.Insko@ncleg.net
70 Randolph Pat B. Hurley (R) Rm. 532, 300 N. Salisbury St. 919-733-5865 Pat.Hurley@ncleg.net
84 Avery, Caldwell, Mitchell, Yancey Phillip Frye (R) Rm. 639, 300 N. Salisbury St. 919-733-5661 Phillip.Frye@ncleg.net
29 Durham Larry D. Hall (D) Rm. 1015, 16 West Jones St. 919-733-5872 Larry.Hall@ncleg.net
43 Cumberland Elmer Floyd (D) Rm. 1311, 16 West Jones St. 919-733-5959 Elmer.Floyd@ncleg.net
57 Guilford Pricey Harrison (D) Rm. 1218, 16 West Jones St. 919-733-5771 Pricey.Harrison@ncleg.net
71 Forsyth Larry Womble (D) Rm. 510, 300 N. Salisbury St. 919-733-5777 Larry.Womble@ncleg.net
85 Burke, McDowell Mitch Gillespie (R) Rm. 307B2, 300 N. Salisbury St. 919-733-5862 Mitch.Gillespie@ncleg.net
WHY WE GIVE PARTY AFFILIATIONS:
The Legislature is managed as a partisan institution. Lawmakers segregate themselves by party in matters from daily meetings to electing leaders. They have separate and taxpayer-financed staffs. As such, gaining a full understanding of the vote of an individual lawmaker requires knowing his or her partisan affiliation.
This legislative directory provides legislative phone number and legislative address. Jones St. zip code is 27601. The Salisbury St. zip code is 27603.
86 Burke Hugh Blackwell (R) Rm. 541, 300 N. Salisbury St. 919-733-5805 Hugh.Blackwell@ncleg.net
102 Mecklenburg Becky Carney (D) Rm. 1221, 16 West Jones St. 919-733-5827 Becky.Carney@ncleg.net
118 Haywood, Madison, Yancey Ray Rapp (D) Rm. 1013, 16 West Jones St. 919-733-5732 Ray.Rapp@ncleg.net
13 Robeson, Hoke Michael Walters (D) Rm. 1118, 16 West Jones St. 919-733-5551 Michael.Walters@ncleg.net
29 Montgomery, Randolph Jerry W. Tillman (R) Rm. 627, 300 N. Salisbury St. 919-733-5870 Jerry.Tillman@ncleg.net
40 Mecklenburg Malcolm Graham (D) Rm. 622, 300 N. Salisbury St. 919-733-5650 Malcolm.Graham@ncleg.net
87 Caldwell Edgar V. Starnes (R) Rm. 419A, 300 N. Salisbury St. 919-733-5931 Edgar.Starnes@ncleg.net
103 Mecklenburg William Brawley (R) Rm. 1313, 16 West Jones St. 919-733-5800 Bill.Brawley@ncleg.net
14 Wake Daniel T. Blue, Jr. (D) Rm. 1117, 16 West Jones St. 919-733-5752 Dan.Blue@ncleg.net
104 Mecklenburg Ruth Samuelson (R) Rm. 419B, 300 N. Salisbury St. 919-715-3009 Ruth.Samuelson@ncleg.net
30 Alleghany, Stokes, Surry, Yadkin Don W. East (R) Rm. 522, 300 N. Salisbury St. 919-733-5743 Don.East@ncleg.net
41 Gaston, Iredell, Lincoln Chris Carney (R) Rm. 1028, 16 West Jones St. 919-715-3050 Chris.Carney@ncleg.net
88 Alexander, Catawba Mark W. Hollo (R) Rm. 633, 300 N. Salisbury St. 919-715-8361 Mark.Hollo@ncleg.net
119 Haywood, Jackson, Macon, Swain R. Phillip Haire (D) Rm. 609, 300 N. Salisbury St. 919-715-3005 Phillip.Haire@ncleg.net
89 Catawba, Iredell Mitchell S. Setzer (R) Rm. 1206, 16 West Jones St. 919-733-4948 Mitchell.Setzer@ncleg.net
105 Mecklenburg Ric Killian (R) Rm. 2219, 16 West Jones St. 919-733-5886 Ric.Killian@ncleg.net
90 Alleghany, Surry Sarah Stevens (R) Rm. 416A, 300 N. Salisbury St. 919-715-1883 Sarah.Stevens@ncleg.net
106 Mecklenburg Martha B. Alexander (D) Rm. 1213, 16 West Jones St. 919-733-5807 Martha.Alexander@ncleg.net
91 Rockingham, Stokes Bryan R. Holloway (R) Rm. 529, 300 N. Salisbury St. 919-733-5609 Bryan.Holloway@ncleg.net
107 Mecklenburg Kelly M. Alexander, Jr. (D) Rm. 404, 300 N. Salisbury St. 919-733-5778 Kelly.Alexander@ncleg.net
92 Iredell, Surry, Yadkin Darrell G. McCormick (R) Rm. 2119, 16 West Jones St. 919-733-5654 Darrell.McCormick@ncleg.net
108 Gaston John A. Torbett (R) Rm. 537, 300 N. Salisbury St. 919-733-5868 John.Torbett@ncleg.net
93 Ashe, Watauga Jonathan C. Jordan (R) Rm. 418C, 300 N. Salisbury St. 919-733-7727 Jonathan.Jordan@ncleg.net 94 Wilkes Shirley B. Randleman (R) Rm. 531, 300 N. Salisbury St. 919-733-5935 Shirley.Randleman@ncleg.net
109 Gaston William A. Current, Sr. (R) Rm. 418B, 300 N. Salisbury St. 919-733-5809 Bill.Current@ncleg.net 110 Cleveland, Gaston Kelly E. Hastings (R) Rm. 2123, 16 West Jones St. 919-715-2002 Kelly.Hastings@ncleg.net
120 Cherokee, Clay, Graham, Macon Roger West (R) Rm. 1004, 16 West Jones St. 919-733-5859 Roger.West@ncleg.net SSenateenate
1 Beaufort, Camden, Currituck, Dare, Hyde, Pasquotank, Tyrrell, Washington Stan White (D) Rm. 1121, 16 West Jones St. 919-715-8293 Stan.White@ncleg.net 2 Carteret, Craven, Pamlico Jean R. Preston (R) Rm. 629, 300 N. Salisbury St. 919-733-5706 Jean.Preston@ncleg.net 3 Edgecombe, Martin, Pitt S. Clark Jenkins (D) Rm. 621, 300 N. Salisbury St. 919-715-3040 Clark.Jenkins@ncleg.net 4 Bertie, Chowan, Gates, Halifax, Hertford, Northampton, Perquimans W. Edward Jones (D) Rm. 518, 300 N. Salisbury St. 919-715-3032 Edward.Jones@ncleg.net 5 Greene, Pitt, Wayne Louis Pate (R) Rm. 406, 300 N. Salisbury St. 919-733-5621 Louis.Pate@ncleg.net
15 Wake Neal Hunt (R) Rm. 308, 300 N. Salisbury St. 919-733-5850 Neal.Hunt@ncleg.net 16 Wake Joshua H. Stein (D) Rm. 1113, 16 West Jones St. 919-715-6400 Josh.Stein@ncleg.net 17 Wake Richard Y. Stevens (R) Rm. 309, 300 N. Salisbury St. 919-733-5653 Richard.Stevens@ncleg.net 18 Chatham, Durham, Lee Robert Atwater (D) Rm. 519, 300 N. Salisbury St. 919-715-3036 Bob.Atwater@ncleg.net 19 Bladen, Cumberland Wesley Meredith (R) Rm. 2106, 16 West Jones St. 919-733-5776 Wesley.Meredith@ncleg.net 20 Durham Floyd B. McKissick, Jr. (D) Rm. 520, 300 N. Salisbury St. 919-733-4599 Floyd.McKissick@ncleg.net 21 Cumberland Eric Mansfield (R) Rm. 1119, 16 West Jones St. 919-733-9349 Eric.Mansfield@ncleg.net 22 Harnett, Moore Harris Blake (R) Rm. 408, 300 N. Salisbury St. 919-733-4809 Harris.Blake@ncleg.net
111 Cleveland Tim Moore (R) Rm. 1326, 16 West Jones St. 919-733-4838 Tim.Moore@ncleg.net
6 Jones, Onslow Harry Brown (R) Rm. 300B, 300 N. Salisbury St. 919-715-3034 Harry.Brown@ncleg.net
96 Catawba Mark K. Hilton (R) Rm. 1227, 16 West Jones St. 919-733-5988 Mark.Hilton@ncleg.net
112 Cleveland, Rutherford Mike Hager (R) Rm. 306C, 300 N. Salisbury St. 919-733-5749 Mike.Hager@ncleg.net
7 Franklin, Granville, Vance, Warren Doug Berger (D) Rm. 516, 300 N. Salisbury St. 919-715-8363 Doug.Berger@ncleg.net
97 Lincoln Jason Saine (R) Rm. 1004, 16 West Jones St. 919-733-5782 Jason.Saine@ncleg.net
113 Henderson, Polk, Transylvania Trudi Walend (R) Rm. 503, 300 N. Salisbury St. 919-715-4466 Trudi.Walend@ncleg.net
8 Brunswick, Columbus, Pender Bill Rabon (R) Rm. 2108, 16 West Jones St. 919-733-5963 Bill.Rabon@ncleg.net
98 Mecklenburg Thom Tillis (R) Rm. 2304, 16 West Jones St. 919-733-5828 Thom.Tillis@ncleg.net
114 Buncombe Susan C. Fisher (D) Rm. 504, 300 N. Salisbury St. 919-715-2013 Susan.Fisher@ncleg.net
9 New Hanover Thom Goolsby (R) Rm. 2115, 16 West Jones St. 919-715-2525 Thom.Goolsby@ncleg.net
99 Mecklenburg Rodney W. Moore (D) Rm. 1211, 16 West Jones St. 919-733-5606 Rodney.Moore@ncleg.net
115 Buncombe Patsy Keever (D) Rm. 1317, 16 West Jones St. 919-733-5746 Patsy.Keever@ncleg.net
10 Duplin, Lenoir, Sampson Brent Jackson (R) Rm. 525, 300 N. Salisbury St. 919-733-5705 Brent.Jackson@ncleg.net
26 Guilford, Rockingham Philip Edward Berger (R) Rm. 2008, 16 West Jones St. 919-733-5708 Phil.Berger@ncleg.net
100 Mecklenburg Tricia Ann Cotham (D) Rm. 403, 300 N. Salisbury St. 919-715-0706 Tricia.Cotham@ncleg.net
116 Buncombe Tim D. Moffitt (R) Rm. 1025, 16 West Jones St. 919-715-3012 Tim.Moffitt@ncleg.net
11 Nash, Wilson E.S. Newton (R) Rm. 410, 300 N. Salisbury St. 919-715-3030 Buck.Newton@ncleg.net
27 Guilford Don Vaughan (D) Rm. 515, 300 N. Salisbury St. 919-733-5856 Don.Vaughan@ncleg.net
101 Mecklenburg Beverly M. Earle (D) Rm. 610, 300 N. Salisbury St. 919-715-2530 Beverly.Earle@ncleg.net
117 Henderson Chuck McGrady (R) Rm. 418A, 300 N. Salisbury St. 919-733-5956 Chuck.McGrady@ncleg.net
12 Johnston, Wayne David Rouzer (R) Rm. 523, 300 N. Salisbury St. 919-733-5748 David.Rouzer@ncleg.net
28 Guilford Gladys A. Robinson (D) Rm. 1120, 16 West Jones St. 919-715-3042 Gladys.Robinson@ncleg.net
95 Iredell Grey Mills (R) Rm. 2221, 16 West Jones St. 919-733-5741 Grey.Mills@ncleg.net
23 Orange, Person Eleanor Kinnaird (D) Rm. 628, 300 N. Salisbury St. 919-733-5804 Ellie.Kinnaird@ncleg.net 24 Alamance, Caswell Rick Gunn (R) Rm. 312, 300 N. Salisbury St. 919-301-1446 Rick.Gunn@ncleg.net
31 Forsyth Peter S. Brunstetter (R) Rm. 2022, 16 West Jones St. 919-733-7850 Peter.Brunstetter@ncleg.net 32 Forsyth Linda Garrou (D) Rm. 620, 300 N. Salisbury St. 919-733-5620 Linda.Garrou@ncleg.net 33 Davidson, Guilford Stan Bingham (R) Rm. 2117, 16 West Jones St. 919-733-5665 Stan.Bingham@ncleg.net 34 Davie, Rowan Andrew C. Brock (R) Rm. 623, 300 N. Salisbury St. 919-715-0690 Andrew.Brock@ncleg.net 35 Mecklenburg, Union Tommy Tucker (R) Rm. 311, 300 N. Salisbury St. 919-733-7659 Tommy.Tucker@ncleg.net 36 Cabarrus, Iredell Fletcher L. Hartsell, Jr. (R) Rm. 300C, 300 N. Salisbury St. 919-733-7223 Fletcher.Hartsell@ncleg.net 37 Mecklenburg Daniel G. Clodfelter (D) Rm. 526, 300 N. Salisbury St. 919-715-8331 Daniel.Clodfelter@ncleg.net 38 Mecklenburg Charlie Smith Dannelly (D) Rm. 1127, 16 West Jones St. 919-733-5955 Charlie.Dannelly@ncleg.net 39 Mecklenburg Bob Rucho (R) Rm. 300A, 300 N. Salisbury St. 919-733-5655 Bob.Rucho@ncleg.net
42 Catawba, Iredell Austin M. Allran (R) Rm. 625, 300 N. Salisbury St. 919-733-5876 Austin.Allran@ncleg.net 43 Gaston Kathy Harrington (R) Rm. 2113, 16 West Jones St. 919-733-5734 Kathy.Harrington@ncleg.net 44 Burke, Caldwell Warren Daniel (R) Rm. 411, 300 N. Salisbury St. 919-715-7823 Warren.Daniel@ncleg.net 45 Alexander, Ashe, Watauga, Wilkes Dan Soucek (R) Rm. 310, 300 N. Salisbury St. 919-733-5742 Dan.Soucek@ncleg.net 46 Cleveland, Rutherford Wes Westmoreland (R) Rm. 314, 300 N. Salisbury St. 919-715-3038 Wes. Westmoreland@ncleg.net 47 Avery, Haywood, Madison, McDowell, Mitchell, Yancey Ralph Hise (R) Rm. 1026, 16 West Jones St. 919-733-3460 Ralph.Hise@ncleg.net 48 Buncombe, Henderson, Polk Tom M. Apodaca (R) Rm. 2010, 16 West Jones St. 919-733-5745 Tom.Apodaca@ncleg.net 49 Buncombe Martin L. Nesbitt, Jr. (D) Rm. 1129, 16 West Jones St. 919-715-3001 Martin.Nesbitt@ncleg.net 50 Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain, Transylvania Jim Davis (R) Rm. 2111, 16 West Jones St. 919-733-5875 Jim.Davis@ncleg.net
25 Anson, Richmond, Scotland, Stanly William R. Purcell (D) Rm. 517, 300 N. Salisbury St. 919-733-5953 William.Purcell@ncleg.net
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Edwards Blunders Tar Justice Unit sidered campaign donations is simply too murky to sustain a criminal prosecution. Under federal campaign finance law, prosecutors can only win a conviction if they prove a defendant knew his actions were illegal. Edwards’ defense team insisted throughout the trial that he had no inkling that the payments for Hunter’s living expenses could be illegal. The Justice Department’s decision to indict Edwards — even after the Federal Elections Commission (FEC) refused to seek civil sanctions against him – raised more than a few eyebrows. The lack of punitive actions appeared to say the Commission believed Edwards did not violate election laws by using money from wealthy benefactors to hide Hunter, who was pregnant, during his failed run for the 2008 presidential nomination. A former FEC chairman was even prepared to testify on Edwards’ behalf that $925,000 in payments were private gifts, not illegal campaign contribution – testimony that the judge disallowed. This meant the government’s prosecutorial arm was at odds with the very agency charged with policing campaign financing. Even after Edwards was indicted on six felony counts, trial testimony showed the FEC did not require his campaign to list the payments as campaign contributions. These developments suggest bringing a criminal case
BY Bob Luebke
Less than two weeks after a jury found former Sen. John Edwards not guilty of one count of violating federal campaign finance law violations and unable to reach a verdict regarding five other counts, the Justice Department said it would not retry the case. The failed prosecution is another chink in the reputation of the Justice Department’s Public Integrity section, a once highly-respected division that in recent years has botched the prosecution of several highprofile corruption cases, most notably that of the late Sen. Ted Stevens (R-Alaska). Knowledgeable campaign finance experts criticized the case against Edwards from the get-go. Last June, Edwards, once the Democratic vice presidential candidate, was indicted on charges that he illegally received campaign donations from his 2008 finance chairman Fred Baron, and from wealthy heiress Rachel “Bunny” Mellon. The funds — spent on private jet travel, luxury hotels and housing for Edwards’ mistress, Reille Hunter — never passed through campaign accounts. Prosecutors contended the donations were campaign contributions because they were intended to prevent damage to his presidential bid by hiding the extramarital affair from the media. FEC experts say the law governing when payments for personal expenses can be con-
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against Edwards was certainly going to be a tall order. Despite these realities, the feds said they had a case. It was a case built on a novel legal theory that said Edwards had a public image as a family man to protect. And according to the feds, the costs of maintaining that image are regulated by the Federal government (Federal Elections Campaign Act of 1971). Really? The feds’ case – so precariously balanced – started to unravel, quickly. The defense quickly attacked the credibility of the government’s star witness, former Edwards righthand man Andrew Young. Although Young provided vivid detail about Edwards’ salacious affairs, he had also claimed to have fathered Hunter’s child, in a ploy to protect his boss. Edwards’ attorneys also showed how much of the money intended for Hunter and her expenses was being diverted to help build a $1.6 million house for Young and his wife. Who was responsible for the mess? Postmortems point back to George Holding, the federal prosecutor, and officials at the Office of Public Integrity, who tried and the case. Holding, a Bush appointee who stayed on as the lead attorney on the case before leaving to run for Congress, said in post-trial interviews that he had no regrets about trying the case. Since Holding won the Republican nomination for North Carolina’s 13th Congressional District while the
case was moving forward, the political angle certainly gets play. However, the final decision to prosecute was made by career officials at the Department of Justice and Obama political appointees, especially Lanny Breuer, head of the Criminal Division. Democratic lawyers defend Breuer and his decision to go forward by saying Breuer was in an awkward spot. If he shut down the
George Holding prosecution, he would have been accused of going easy on a prominent Democrat. The campaign fraud case against John Edwards was almost impossible to win from the moment that the indictment was issued. After the verdict of a mistrial was delivered, jurors said in some interviews that the prosecution lacked the evidence that Edwards deliberately broke the law. It’s hard to conceive that Breuer and others weren’t aware of the tightrope they were walking. There are certainly lots of questions, with the key one being: Why
didn’t the feds stop when they knew the weaknesses of the case? It’s also worth noting the Department failed to go after Sens. John Ensign of Nevada and Don Young of Alaska, both Republicans, even after investigating allegations. Were Democrats afraid they might look like they were quashing an investigation? The Edwards case defines the difference between a wrong and a crime. Edwards’ behavior is loathsome. However, it is not criminal. It’s the difference between a sin and a felony. The fact is that there was no damning evidence and no clear victim, beyond a breach of public trust. It looks like that’s how the jury saw it. They couldn’t see their way to convicting Edwards. Edwards may have won the legal battle but victory in the court of public opinion may be more difficult for him — as well as for the federal attorneys who tried the case. In the end the feds took their best shot on the case and lost. Nonetheless, troubling facts, bad judgment and an incoherent legal strategy all cast a lengthening shadow on a Department that is used to shining a spotlight on others.
Scandal is a regular column in Capitol Connection that will explore public corruption in NC Government. Have a local corruption story? Email us at: firstname.lastname@example.org or call 919-834-2099.
Civitas Capitol Connection is the monthly newspaper of the Civitas Institute.