SBOE

Americans for Prosperity, where Art Pope serves as a director at the pleasure of the Koch brothers, has been accused of making shady contributions to influence elections, a charge that must feel familiar to Mr. Pope. In the complaint, Democrats say AFP should be stripped of its tax-exempt status.

The Democrats charge that the foundation’s ads, particularly in coordination with the attack ads from the affiliated group, have made Americans for Prosperity Foundation a de facto political “action group” in violation of the federal tax code.

When it comes to discipline for the Dems, Fetzer and his GOP will never be satisfied. But that doesn't mean they don't have a point as to how the elections board handled the matter of Perdue's campaign flights. This was dirty laundry run through the gentle cycle for delicate unmentionables.

The board, after much investigatory huffing and puffing, decided Tuesday that the failure of Perdue's 2008 campaign to properly report donated private airplane flights warranted a $30,000 fine.

Read more: http://www.newsobserver.com/2010/08/26/647869/and-sin-no-more.html#ixzz0...

NOTICE OF MEETING

The State Board of Elections will meet in the Ballroom (first floor) of the Renaissance Hotel, 31 Woodfin Street, Asheville, N.C. on August 24, 2010, at 9:00 a.m. For further information on this meeting please call Johnnie McLean at (919) 715-1790 or Don Wright at (919) 715-5333.

TENTATIVE AGENDA

I was told today by Legal Director, John Rittelmeyer, of Disability Rights NC, that a member of his staff would also be present at the meeting to provide info on Accessibility of Polling Places for persons with disabilities. Correction: Not on the Agenda, just manning an information table and "mixing and mingling."
For info contact Steve Noblitt, an Asheville Advocate for DRNC,at the general DRNC number: 1-877-235-4210.
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Call to Order Chairman Larry Leake 9:00 am

Instead of action, the SBOE delivers a toothless tongue-lashing:

At issue Thursday was a narrower question: whether the N.C. Association of Realtors violated state statutes in requiring its members to pay an assessment to support the association's campaigns in 24 counties to fight local real estate transfer tax hikes. An agent had objected to paying the assessment in addition to her regular dues to the association, arguing that it forced her to contribute against her will. She said she was forced to do so in order to keep her access to the association's multiple listing service. She also argued that she had difficulty finding out what the association was spending on the local campaigns.

The board found itself in an uncomfortable position. As board chair and Buncombe County lawyer Larry Leake put it, the N.C. Association of Realtors committed a "moral wrong" by requiring members who needed access to multiple listings to, in effect, pay for referenda campaigns. But he said there was no legal peg the board could use to find that the association had violated the law.

Andrew Whalen, the Executive Director of the North Carolina Democratic Party has released a statement. It's easiest simply to reprint it.

Today, in a unanimous vote, the State Board of Elections fully exonerated the North Carolina Democratic Party of any violations of election law.

Evidence presented during the hearing indicated that the Easley Committee solicited contributions for the Party from two donors, indicating to the donors that those contributions would be used on behalf of the Easley Committee.

It was undisputed that the Party did not participate in the solicitations and had no knowledge of the manner in which the solicitations were made. The SBOE did order the Party to disgorge $9,000 representing the two contributions.

According to a tip from the Outer Banks, the NC Association of Realtors has been desperately searching for the Lost Colony of Dare County realtors who may have been negatively affected by the Transfer Tax that has been successfully implemented in Dare County.

NCAR and, Wake County realtors in particular, have been bombarding their Dare County colleagues with requests to write letters saying the Transfer Tax has hurt their business. All of the realtors contacted by the source say the Transfer Tax has had no impact on their business.

Meanwhile, the NC Realtors PAC, has failed to account for $127,600 in in-kind contributions that it did not report for two years. In March 2007 the NC Realtors PAC submitted revised summaries for 2005 and 2006 to the State Board of Elections but failed to submit revised data files itemizing the newly reported in-kind contributions made over the two year period. SBOE informed the PAC of this deficiency June 29th. As of writing the revised data files have not been posted at the SBOE website.
 
 

On the same day Republican State Auditor Les Merritt failed to present any evidence of voter fraud to a state Senate committee, he submitted incomplete documents to the state Board of Elections.

Merritt filed on Tuesday a Statement of Organization that was unsigned and incomplete. That afternoon he presented a state Senate committee with vague and unsubstantiated claims of voter fraud in order to delay passage of legislation that would make it easier for people to vote.

Such actions are consistent with a national GOP plan to intimidate low-income and minority voters through false claims of voter fraud and frivolous Election Day challenges.

I finally got my hands on the Petition for Judicial Review by Richard Morgan, who is challenging the decision in favor of Art Pope's electioneering organization by the North Carolina State Board of Elections earlier this year. As you may recall, Pope's money was poured into the contest between Morgan and Hairdresser Puppet Joe Boylan, tilting the playing field and handing Boylan a surprise victory.

For new readers to BlueNC, this has been covered exhaustively, and with good reason. What's at stake is the integrity of our elections. Specifically, the state board found that a rich guy with unlimited corporate cash can spend as much as he wants to influence the outcome of elections. To be clear, no one (in this case) is questioning Pope's ability to spend his personal money. That's not the issue. Rather, the money used to influence this election came directly from Pope's business - which means it's corporate money.

If Pope wins this appeal, businesses in North Carolina will be free to pour millions into elections, effectively swamping the voices of We the People who are limited by campaign contribution laws in the amounts we can give.

The petition for review is 11 pages long. I've excerpted part of the section called "Bases for Appeal," which you can see if you click on the image. It's a bunch of legal mumbo jumbo, which you may find interesting, but there's an even more startling basis for appeal, which I wrote about on the day of the hearing.

Today is the day that the initial eye-hand recount of 3% of precincts in the 8th District will be started. The recount of 13 precincts chosen at random from the 10 counties is expected to last only two days.

As was discussed in the comments on this thread written by Sam Spencer, each county will have at least one precinct counted by hand with Cumberland, Cabarrus and Mecklenburg counting two precincts.

Each precinct will be chosen at random by elections officials in each county according to an article in The Charlotte Observer. Of the 10 counties that make up the 8th District, Larry Kissell won six. Hayes carried Cumberland, Union and Cabarrus and Stanly counties.

The North Carolina State Board of Elections has certified Jim Black as the winner for another term in the North Carolina House.

Let the games begin!

Now would be a good time to email your rep and let him or her know the qualities you think are important in the person who will lead the House.

The Charlotte Observer has the story.