Braun ‘plows through’ controversial rhetoric

At the top of the ticket, Republican presidential nominee Donald J. Trump has been in contortions over the abortion issue. Just below, Indiana gubernatorial nominee Mike Braun’s running mate, Micah Beckwith, is comparing President Joe Biden to Pol Pot and Joseph Stalin while giving credence to disproven claims that childhood vaccines could cause autism.

In the pre-Trump era, these stories would have dominated news coverage.

For Braun, they are just static and noise. He told reporters at Indiana Republican Party headquarters on Friday that he plans to “plow through” the nonessential rhetoric.

“Most people are not voting for Terry Goodin or Micah Beckwith,” Braun said of the two major-party lieutenant governor nominees. “You can try to tie me to him and that’s OK. But I’ll plow through that and make sense to most Hoosiers.”

The “you can try to tie me to him” stance does not remotely resemble the old running mate notion, which has long been the façade of party unity. This pairing is more like an arranged marriage, with both participants donning brave faces and tense smiles.

Braun spoke with reporters last Friday about the state of his race against Democrat Jennifer McCormick and Libertarian Donald Rainwater. Democrats put out a memo late last week suggesting she was “uniquely situated” to win. But the Democrats presented no data sets.

“If their internal polling was any good, they would be out with it publicly,” Braun said.

He didn’t tip his hand on what his internal polling was showing. And yet Braun suggested that President Biden’s shocking withdrawal from his reelection bid on July 21 had altered the campaign dynamic, even here in ruby-red, Trump-loving Indiana. Braun also acknowledged that the reproductive rights issue has been fortified with the emergence of Kamala Harris as the Democratic presidential nominee.

“I will say that a lot of this race has the national dynamic tied to it,” Braun said. “I can tell you, and you all know it, I think the other side of the aisle was riding a train wreck into November with Biden. They obviously saw that wasn’t going to work.”

Braun said the Democratic ticket switch is “the biggest factor, in my opinion, impacting all down-ballot races.” But, he added, “Everything we’re seeing, we’re in as solid of a place as we’ve ever been in any of the other three elections. I feed off that adversity.” 

That comment was in reference to his 2018 primary win against two congressmen, his general election victory over U.S. Sen. Joe Donnelly, and his GOP gubernatorial nomination against five Republican opponents in this past May’s primary.

“At the national level you get, depending on how you deliver the message on whatever it is you’re talking about, it becomes very divisive,” Braun said when Howey Politics Indiana/State Affairs asked him whether Trump’s evolving positions on abortion were making Braun’s life as a candidate difficult.

“The reason that has changed and is impacting down ballot is the other side of the aisle is reenergized because they didn’t have the inevitability of a bad outcome in November,” Braun said. “Now it’s up to our side to do a better job of articulating the issues that we don’t do a good job of that nationally. Yes, that has had an impact and I’m going to plow through that. So, yes, I think that has had an impact.”

Asked if Indiana has seen a spike in new female voter registrations, Braun said it will impact his race.

“Generally, nationally that is true,” Braun said. “You’ve got to make sure you’re not turning a deaf ear to it. When it comes to that, I think you’re seeing the Republican Party on IVF making sure it’s clear where we’re going to stand. If you’re not attentive to that, you’re navigating at your own peril. 

“I don’t think that will be the defining issue,” he continued. “I think it will be an issue, though, that if you’re hurting on the kitchen table issues of the economy, workforce, health care, rural broadband, affordable housing, electricity in our own state, the availability of water, I know I’m going to win on them. I just don’t think it’s going to carry the day. That doesn’t mean I’m not going to be attentive to that.”

Has Trump’s abortion contortions hurt him?

“I’m pro-life. I’m sensitive that we’re a pro-life state,” Braun said. “I’m sensitive to the fact that those [issues] change, just like other issues change over time. I’ve been clear I’m going to focus on the issues that are on the kitchen table, not the ones that are inherently divisive. That is going to take me to a margin above 50%. That’s been difficult to do in any gubernatorial race in recent history.”

Does he expect to run behind Donald Trump in Indiana?

“That’s so hard to predict; there’s such a solid floor to his support,” Braun said. “It’s his ceiling in swing states that will be the issue, not here in Indiana.”

Howey Politics Indiana/State Affairs, FiveThirtyEight, Cook Political Report and Sabato’s Crystal Ball have the Indiana governor’s race as “safe” Republican. 

Braun and Beckwith

But Sabato’s analysis (published in the Sept. 5  edition of Howey Politics Indiana/State Affairs) observed, “There are some interesting subplots in each state that may give Democrats a glimmer of hope. For instance, Braun saw state GOP convention delegates foist a far-right lieutenant gubernatorial candidate, Micah Beckwith, onto his ticket. These factors hypothetically could help Democrats running in those states: party-switching former state Superintendent of Public Instruction Jennifer McCormick in Indiana.”

At Friday’s media briefing, Braun described Indiana as a generic “55%/45% state” favoring Republicans. “There’s the Libertarian component that they are mostly teed off at the prior administration, not me, but you inherit all of that.”

Reporters asked him about Beckwith’s recent social media posts on child vaccines; a meme on Instagram saying the government wants to take your guns and wedding rings; and Beckwith’s “Jesus, Sex + Politics” podcast suggesting childhood vaccines can result in autism.

“We’re seeing more and more trends leading towards more autism, more physical ailments, like disabilities, things that are happening,” Beckwith said on his Aug. 9 podcast with Pastor Nathan Peternel. “A lot of that research is pointing to these mandatory vaccines that kids are required to get now.”

“First of all, I was clear at the convention when it turned out like it did,” Braun said of Beckwith’s nomination at the Indiana GOP convention. “He appealed to a part of our party that feels like it has been abandoned. I think if you’re in on that issue that is out of the mainstream, you’ve got to do that carefully. 

“If you’re wearing it on your sleeve and it is a central part of what you’re doing, he has not done that generally. The more you get onto issues like that even though they only have merit in part of the conversation, that’s not what I am going to be focusing on,” Braun said.

Was the meme comparing Biden to Pol Pot and Stalin helpful?

“First of all, I think that is going to fall on so few ears,” Braun said. “If it is amplified, you can choose to do that. I’ll plow through it and that’s not going to carry the day.”

While Beckwith continues to post controversial items on social media, such as a meme of snipers under the caption “This is what our southern border should look like,” he hasn’t posted a podcast episode since Aug. 9.

What has Braun’s relationship with Beckwith been like?

“It’s been good,” Braun said. “He’s been out doing a lot of the stuff appealing to the grassroots part of the party. He was clearly the one who has been out there on property taxes. On the general issues I’m talking about, he’s reinforcing them.

“When you do get on there on something narrow, and I’ve said that at the convention, all I can tell you is that I’ll deal with that and that’s not going to resonate at the finish line,” Braun said.

He added, “We communicate often.”

But Braun’s campaign website displays logos that do not incorporate Beckwith into its branding. In fact, he is not mentioned at all. Beckwith has been posting “Braun/Beckwith” logos on social media.

Minutes after Beckwith’s upset victory over Braun’s endorsed lieutenant governor pick, Braun made it clear who will be calling the shots.

There’s no doubting this — I’m in charge,” Braun said at a media scrum after the convention. “Micah is going to be someone who works with me. If he doesn’t, I think that means that it will probably be less fruitful what we are able to get done. My running mate can say whatever he wants. If it doesn’t make sense, if it doesn’t resonate, remember, I’m going to be the governor.”

On WIBC-FM’s “Kendall & Casey” show Monday after the convention, Beckwith said, “He’s right — he’s the governor. I’m not trying to be the governor. I never said I want to be the governor. He’s the guy who’s gonna lead the agenda. I’m not going to try to get out ahead of that in any way, shape or form.”

Beckwith has kept a steady campaign schedule, meeting with socially conservative groups. Braun suggests that has been a positive for the ticket. He’s given Beckwith a long leash. In the Trump era, when what was once shocking has now become just another meme on another day, Braun appears to be hoping that Beckwith just blends away.

McCormick’s cannabis plan

McCormick unveiled her Commonsense Cannabis Legalization Plan, which proposes to legalize the adult use of cannabis in Indiana in a responsible and well-regulated industry. This plan begins with the establishment of a medical marijuana industry, setting the foundation for a transition to full adult-use cannabis. 

“Hoosiers have made it clear — they support adult-use cannabis and are frustrated by Indiana’s outdated prohibition laws,” McCormick said. “Our plan takes a commonsense approach by first introducing a well-regulated medical marijuana industry, allowing us to address potential regulatory challenges and ensure a smooth transition to well-regulated and legal adult-use cannabis.” 

The McCormick-Goodin Commonsense Cannabis Plan includes the following key components: 

  • Establishing the Indiana Cannabis Commission: The plan will create the Indiana Cannabis Commission, responsible for overseeing the legal cannabis industry, including regulation, licensing and ensuring compliance with safety standards. This independent body will help Indiana develop a well-regulated cannabis market, protecting Hoosiers and ensuring transparency as the state transitions to full legalization. 
  • Establishing a medical marijuana industry: The plan calls for the immediate creation of a regulated medical marijuana industry, providing Hoosiers with access to cannabis for medical purposes. This step will allow Indiana to address potential challenges and learn from the experiences of other states before moving to full adult use. 
  • Transitioning to adult-use cannabis: While the initial focus is on medical marijuana, the plan outlines a clear pathway toward full adult-use legalization. This phased approach will mitigate system challenges and ensure Indiana’s cannabis market is well-regulated and effective. 
  • Regulating hemp-derived THC: The plan also addresses the issue of unregulated hemp-derived THC products flooding Indiana’s gas stations and smoke shops. By regulating these substances, the state will protect consumers and ensure that cannabis products meet safety standards. 
  • Generating more tax revenues: Legalizing adult-use cannabis could generate an estimated $172 million annually in tax revenues for Indiana, providing a significant boost to the state’s economy and funding for essential services. 

“Indiana is an island of prohibition surrounded by states with legal cannabis industries,” McCormick added. “By taking a responsible, phased approach, we can ensure that our state is prepared for full adult-use legalization while immediately providing relief through medical marijuana.”

McCormick’s TV buy

On Sept. 3, Deborah J. Simon made a $150,000 donation to the McCormick campaign. Two days later, the McCormick campaign made what IndyStar described as a “six-figure” buy for Sept. 5-9.

On Sept. 5, Indiana Democrats issued a release saying McCormick launched her first two TV ads of the cycle: “What’s Right,” focusing on her history as an educator and statewide elected official, and “Places Like This,” focusing on her lifelong connections to rural Indiana.

McCormick appears to be using the Simon funding to establish a TV beachhead, hoping it will seed more funding for more TV ads.

Later today, the McCormick/Goodin campaign will release its “Commonsense Cannabis Legislation Plan.”

Female voter registration surge

TargetSmart’s Tom Bonier reports that new voter registrations of Hispanic women under age 30 have tripled since 2020 in Indiana; registrations of Black women under 30 have more than doubled. 

Bonier posted on X Wednesday: “Just as I’ve been reporting on the ‘Harris Effect’, big registration jumps among young voters, women, and voters of color, I can’t wait to see if we experience a ‘Swift Effect’ in the next few days.” 

That was in reference to pop star Taylor Swift’s endorsement of Kamala Harris following Tuesday night’s debate.

Buttigieg at Harris’ Indiana kickoff

U.S. Transportation Secretary Pete Buttigieg appeared at the Harris campaign’s Indiana kickoff Monday. 

“I never thought that I would be addressing a group of Democrats recently, just after we all took in the news that Bernie Sanders and Dick Cheney were on the same side in a presidential election,” Buttigieg told Hoosiers on a Zoom call.

INDems’ statement on sexual harassment

The Indiana Democratic Party issued the following statement amid the Thomas Cook/Mayor Joe Hogsett scandal

“All workplaces in our state should be free from sexual harassment. As an equal opportunity employer, the Indiana Democratic Party takes workplace harassment incredibly seriously. Indiana Democratic Party staff is unionized under a collective bargaining agreement, and employees of the party are supplied with an employee handbook which details the party’s anti-sexual harassment policies and procedures, including spelling out a detailed, independent reporting process to ensure no individual feels intimidated by having their voice heard and can freely share their experience without fear of retaliation. 

“Campaign and municipal employees are not employees of the Indiana Democratic Party, but of their respective individual employers. Anyone who is a victim of workplace harassment of any kind should report the incident pursuant to internal reporting procedures as may be required by their respective employer, as well as to the Equal Employment Opportunity Commission, any appropriate applicable governmental agency, or to law enforcement, depending on the situation. 

“We encourage all Democratic campaigns to have detailed anti-harassment policies and training and we are willing to connect campaigns with experts who work in this field.”

Brian A. Howey is senior writer and columnist for Howey Politics Indiana/State Affairs. Find Howey on Facebook and X @hwypol.

Insider for September 12, 2024

YOU DON’T SAY

At the end of the day, most people agree that people should be able to send their kids to school where they want to send them.”

House Rules Chair Destin Hall, R-Caldwell, on the expansion of voucher funding to help students attend private schools. (The News & Observer, 9/11/24)

Spending Bill
Matthew Sasser, State AffairsPro , 9/11/24 

The House passed HB 10 Wednesday afternoon, and the bill will be headed to Gov. Roy Cooper’s desk.  Like previous discussions in committee meetings and the Senate, much of the debate around HB 10 centered on Opportunity Scholarship vouchers and Immigration and Customs Enforcement detainer provisions.  

HB 10 would allocate just under half a billion dollars to clear a 55,000-person waiting list for private school vouchers. It would also require local sheriffs to cooperate with federal immigration enforcement when a 48-hour detainer is placed on an individual with unverifiable legal status.  

“There is a proper method for ICE to get someone in our jails and it is called a warrant for arrest of alien, and there has to be a finding of probable cause,” Rep. Pricey Harrison, D-Guilford, said, calling these detainers “unconstitutional.”  

“We’re here debating election talking points that are fueled by misinformation and prejudice,” she concluded.  

“HB 10 perpetuates racial profiling and discrimination,” Rep. Maria Cervania, D-Wake, said, adding that these arrests are based on suspicion.  

Rep. Ken Fontenot, R-Wilson, said cooperation with law enforcement should be a basic tenet of a country that is reeling from the effects of fentanyl, which he attributed to the lack of a strong border with Mexico.  “I cannot comprehend the damage that is happening in areas where people who are violent drug offenders and traffickers who should be detained are not detained,” Fontenot said.  

Rep. Destin Hall, R-Caldwell, said this provision will eliminate the “insanity” that has taken place since 2018 when about 10 sheriffs in the state have refused to cooperate with federal immigration authorities.  “I’ve also heard a lot of comments about this [detainer] being unconstitutional and what a liability it is to sheriffs across the state,” Hall said. “Well, that’s news to the sheriffs across this state because, again, 90-plus are already cooperating.”  

Rep. Laura Budd, D-Mecklenburg, said this legislation is at odds with North Carolina’s reputation as the No. 1 state in the nation for business.  “We market ourselves as the place to invest time, talent, resources,” Budd said. “Well, this bill does the exact opposite — it rolls up the welcome mat.” 

Debate about the Opportunity Scholarship vouchers was interspersed with commentary on the immigration debate on the House floor.  

“Why do we have to reach into public coffers to send money to private education when our job is to protect public schools and everybody’s kid can go there?” asked Rep. Abe Jones, D-Wake, who added that the state continually ranks low in teacher pay.  

“One can get an excellent education in public schools provided that we make the provisions for excellency,” Rep. Marvin W. Lucas, D-Cumberland, said. “Wherever we deprive those students, we’re going to get diminishing returns.” 

Rep. Kelly E. Hastings, R-Gaston, said he’s often asked,“Why are Republicans dismantling education?”  He said his response is the Legislature has passed numerous pay raises for teachers and state employees over the past decade while cutting their income taxes. Hastings said the General Assembly has invested millions of dollars into safety measures and capital for public schools.  “I just wanted to put it on record today … just what we’ve done for public education when a lot of the public seems to get into the rhetoric about how we’ve dismantled public education, and it couldn’t be further from the truth,” Hastings said. 

 HB 10 passed with a 67-43 vote following over an hour of debate.  House Speaker Tim Moore said if a veto is required by the Legislature, an override could be expected if enough members are present in October, but it’s too soon to plan for that event.  

Charter Schools
T. Keung Hui and Dawn Baumgartner Vaughan, The News & Observer, 9/11/24 

Charter schools and families who will receive private school vouchers are some of the big winners in the mini-budget bill approved Wednesday by state lawmakers. Much of the focus in the GOP budget deal has been on how it provides an additional $463 million in voucher funding to help 50,000 students attend private schools. But the bill also includes $95 million to fund public school enrollment growth that will help some growing charter schools make their payrolls. 

“We’re very thankful that the General Assembly came back and they included that growth into the mini-budget,” Lindalyn Kakadelis, executive director of the N.C. Coalition for Charter Schools, said in an interview Wednesday. “They heard from districts, hopefully. But I know they heard from charter schools.” Kakadelis said the additional funding will ease the anxiety some of the state’s 209 charter schools are feeling about having enough money this school year.

But public school supporters say what lawmakers approved is a far cry from what’s needed to support education. 

“That’s just another loophole to ignore public school funding,” Drew Washington, a youth organizer for the Education Justice Alliance, said in an interview Wednesday. 

State lawmakers overhauled the way public schools — both traditional and charter schools — are funded. Schools now get state dollars based on how many students they had last school year. A contingency fund is supposed to provide additional money to school districts and charter schools that have more students than last school year. The funding model change comes as charter schools could add 10,000 more students this year at a time when enrollment has been dropping in school districts. But the contingency fund only has $2.5 million, less than 5% of the amount needed to fund the enrollment growth. 

Unlike school districts, Kakadelis said many charter schools don’t have the cash reserves to cover the growth until the state dollars come. She said it’s especially the case for newer charter schools. “It is extremely time-sensitive for some charter schools,” Kakadelis said. “They grew. They did what they were supposed to do.” The funding delay has led to charter schools and their advocates warning what will happen if the money isn’t provided soon. 

“North Carolina charter schools, in particular, have experienced some of the highest enrollment increases in the nation,” according to Prestige School Solutions, a company that provides accounting and payroll services to nearly 100 North Carolina schools. “If schools experiencing growth or opening do not receive the recommended amounts allocated in the ADM contingency reserve, these schools will likely be unable to make payroll.” 

Kakadelis said one charter school told her group they’re only funded now for 138 students even though they had to hire enough to teach 240 students. The school says it doesn’t have enough money to pay teachers through November, forcing them to potentially miss payroll or lease payments on their building. Another charter, Kakadelis said, warned that it would have to borrow $1.1 million if it didn’t get the additional growth funds until July 2025. The school said it might have to send students back to their home schools or lay off newly hired teachers if it couldn’t borrow the money. 

House Republican lawmakers had initially balked at providing the additional voucher funding unless it was coupled with increased public school funding. Instead of a deal to raise teacher pay, the House and Senate GOP agreed to provide an additional $95 million to the growth contingency fund. 

House Rules Chair Destin Hall, a Caldwell County Republican who is expected to be the next House speaker, said they’ll look at teacher raises in the long session next year. For now, Hall said the bill addresses this school year’s enrollment growth needs. “They had a growing number of kids, and so because the budget wasn’t passed in the short session — or the adjustment wasn’t passed — we didn’t have those updated ADM (average daily membership) figures to put in there,” Hall told reporters on Wednesday. “So now we’re solving that issue as well. So all in all, it’s a win for education in this state.” 

The deal now goes to Democratic Gov. Roy Cooper, who is expected to veto the bill due to concerns such as the expansion of private school voucher funding. But Kakadelis said she hopes Cooper won’t delay the public school funding by forcing an override vote. Republicans have a super-majority to override a veto. 

“We know the Governor doesn’t like it,” Kakadelis said. “However, there’s lot more in the budget than Opportunity Scholarships.” Public education groups who oppose the voucher expansion hope Cooper will veto the legislation. 

On Wednesday, members from Every Child NC, a coalition of left-leaning groups that supports public schools, held a rally outside the Legislative Building. Instead of voucher expansion, the coalition wants the state to fund the multi-billion Leandro plan, which is meant to give public schools the resources to provide students with a sound, basic education. Instead of properly funding public schools, Drew Washington of the Education Justice Alliance said state lawmakers passed a bill that funds “niche” areas like charter schools. “The reason that we’re out here is that public schools have always been underfunded,” Washington said. “They continued to be underfunded, and there’s always smaller groups that are trying to take from the larger pot.” 

But Hall said vouchers don’t take money away from public schools. He said school systems wouldn’t be getting those dollars anyway from those students attending private schools. “Opportunity Scholarships are tremendously popular in this state,” Hall said. “At the end of the day, most people agree that people should be able to send their kids to school where they want to send them.” [Source]  

Appointment Power
Luciana Perez Uribe Guinassi, The News & Observer, 9/11/24

The N.C. House on Wednesday overrode Democratic Gov. Roy Cooper’s veto of a lengthy bill that reforms several building codes and cuts the appointment power of the governor. The Wednesday vote brings the tally this week of the legislature’s overrides of Cooper’s vetoes to four. 

The Senate overrode five bills on Monday, three of which had already been overridden by the House and became law after the Senate vote.

On Wednesday, the House took up one of the two remaining bills and voted to override Cooper’s veto with 70 lawmakers voting for the override and 40 against it. The House and Senate are both controlled by the Republican Party, which has the three-fifths majority necessary to override vetoes when voting as a block. The bill passed into law, Senate Bill 166, spans over 70 pages and makes various reforms to building codes such as changing insulation requirements and prohibiting the state from requiring electric water heaters to be elevated. The bill also reorganizes the NC Building Code Council, which currently consists of 17 members appointed by the governor to adopt and amend the state’s building codes. 

Under SB 166, starting in January, the council will consist of 13 members, three appointed by the House speaker and three by the president pro tempore of the Senate. The remainder will be appointed by the governor. Senate Bill 166 also changes who needs to be appointed to the council, cutting requirements that at least two members be licensed architects, three members licensed general contractors and more. 

Rep. Pricey Harrison, a Guilford County Democrat, speaking against the override on Wednesday, said she considered taking the governor’s appointment powers to be “unconstitutional.” She also questioned Republican Rep. Dean Arp, who spoke in favor of the bill, on whether the provision cutting the requirement for architects on the council remained in the bill. 

Arp told Harrison that that the architect provision was still in the bill and could not be cut due the vote being an override but he said there was “agreement to move forward in a subsequent vehicle to fix the language for the Building Code Council.” 

When he vetoed the bill in early July, Cooper wrote that “by limiting options for energy efficiency and electric vehicles, this legislation prevents North Carolina’s building code from adopting innovations in construction and mobility that save consumers money.” “This bill also removes subject matter experts from the building code council, including architects, active fire service, a coastal expert, local government officials, and public at-large membership, and limits the knowledge and practical experience of the body tasked with ensuring all buildings are safely designed,” he wrote. 

Another bill, Senate Bill 445, was also on the House calendar for an override vote on Wednesday. But it was withdrawn. This bill has various provisions including one exempting copies of court-filed documents from certain formatting requirements for paper documents presented to the register of deeds for registration. It also makes changes to the appeals process for small claims, which are reviewed by district courts and include cases such as for evictions and where the amount of money sought in the complaint is not more than $10,000. 

Changes under the bill include establishing that the small claims appeal period begins when a judgment is “rendered” instead of when the judgment is “entered.” The current appeals process allows people to give a notice of appeal in open court when a judgment is rendered or to file a notice of appeal with the clerk within 10 days after a judgment is entered, or officially recorded. The bill also requires a judge, magistrate or clerk authorizing a person to appeal a small claims judgment as an indigent — or a person who is unable to pay for legal representation and other court expenses — to make written findings of indigence.

In his veto statement, Cooper wrote that SB 445 “creates legal ambiguity regarding when eviction orders become effective and may harm low-income individuals by making it harder for them to appeal as indigent in small claims court.” It’s unclear whether and when that bill will be taken up for an override vote. [Source]  

UNC DEI
Korie Dean and Kyle Ingram, The News & Observer, 9/11/24

There appear to no longer be any offices or administrative roles in the UNC System expressly dedicated to promoting diversity, equity and inclusion — the result of universities’ efforts to comply with a new policy, passed in May, that restricted such efforts. But there remains variation in exactly how campuses interpreted and implemented the policy.

Under the new policy, which repealed previous DEI mandates for the state’s 16 public universities and the School of Science and Mathematics, campuses must now uphold “institutional neutrality” — the requirement under state law that campuses and their leaders should not weigh in on political or social issues — nondiscrimination and freedom of expression, among other ideals.

While DEI offices and jobs were not explicitly banned in the new policy, legal guidance released to campuses in June revealed that such efforts would be heavily scrutinized as the schools worked to become compliant with the new regulation.

The system Board of Governors, which sets policy for all public universities in the state, on Wednesday received and reviewed reports from campus chancellors detailing the changes they have implemented to comply with the policy. Despite a Sept. 1 deadline for campuses to submit the reports to UNC System President Peter Hans, Wednesday — 10 days afterward — was the first time they were made available to the board, the media and the public.

The documents showed that several campuses, including UNC-Chapel Hill, have closed their DEI offices and eliminated several employment positions within them. But other campuses, including NC State University, renamed and reorganized their offices, generally removing words such as “diversity” from their titles but keeping other aspects of the units intact.

“Some will say the campuses went too far,” UNC System general counsel Andrew Tripp said during Wednesday’s committee meeting. “Some will say that the campuses didn’t go far enough.” Tripp told the committee that part of the variation in campuses’ changes could be attributed to differences in the sizes of campuses and the number of DEI efforts they previously offered. “The larger campuses had more work to do,” Tripp said. “The smaller campuses, less so, but there was plenty of work to be done.”

In their reports to Hans, campuses were required to detail any job and spending cuts they implemented to comply with the policy, as well as how they plan to use “savings” from those actions on student success efforts.

A summary of campuses’ compliance efforts released Wednesday shows that the 17 schools reported combined savings of more than $17 million, with about $16 million expected to be redirected to student success efforts. Across the campuses, 59 DEI-related employment positions were eliminated, while 131 were “realigned.”

UNC-Chapel Hill eliminated considerably more positions than any other university, at 20, and reported the most “savings” at more than $5.3 million. The next-most was at UNC Charlotte, with nine positions eliminated.

Tripp stressed that compliance with the new policy will be continually reviewed by the board. “The devil is always in the details,” he said. “…Going forward, the monitoring will require ensuring that each campus practices exactly what they’re preaching.”

During Wednesday’s committee meeting, board member Woody White suggested universities may not have acted aggressively enough to comply with the policy, compared to the 2019 policy that required diversity positions. “I don’t see the same level of velocity with the repeal and replace,” he said. “… I don’t think it’s our job to go school to school, report to report, position to position — that’s a chancellor’s job. I do think it’s our job, however, to ensure that the policies are being meaningfully implemented.”

Board member Joel Ford asked Hans to reassure members of the public that the university system would still seek to recruit and retain minority students. “It was clear to me, but I’m not sure it was clear to the public, that our institutions still have the ability to attract and retain minority students — that all of our institutions are making sure that everyone is welcome and we’re being inclusive,” Ford said. Hans assured Ford and others that work would continue. “That remains our obligation under federal law, state law and our moral obligation, as well,” Hans said. [Source]  

Medicaid Money
Grace Vitaglione, NC Health News, 9/11/24 

The state legislature approved funding Wednesday to meet higher costs for NC Medicaid in the current fiscal year. But their number came in below what state health officials had been asking for — by about $81 million. 

The state Department of Health and Human Services had asked for almost half a billion dollars to meet all of next year’s obligations for the program, which.  that serves low-income children, some of their parents and low-income seniors. But the General Assembly — which voted this week to approve their version of a “mini” budget document — only approved $277 million in recurring funds and an additional $100 million in one-time money to cover the requested $458 million. The bill could be vetoed by Gov. Roy Cooper, but the legislature would be then likely to override that veto. The $377 million is not designated to cover the people who received care as a result of Medicaid expansion.

Money for that comes from a different source of funding. House Speaker Tim Moore, R-Cleveland, said if there is a shortfall, it likely wouldn’t happen until 2025, when the legislature would be back in session and could take action to add in extra dollars. Part of the money DHHS asked state lawmakers for is needed because the state will receive $136 million less as federal reimbursement. The federal government pays most of North Carolina’s Medicaid expenditure, providing 65.9 cents of every dollar spent this fiscal year. Next year, that matching fund rate ticks downward to 65.06 cents for every dollar.  According to DHHS, the remainder of the requested $458 million is largely due to health care cost inflation. NC Medicaid costs fluctuate each year, and DHHS forecasts how costs might change.

They then ask and asks the legislature for funding adjustments based on those predictions —– known as “rebasing.” Now, the department is evaluating how to manage the Medicaid program with a shortfall of $81 million and no additional funding for the costs associated with the Medicaid program’s switch from being state-run to being managed by large insurance companies. 

Some of those costs include planning for a new Children and Families Specialty Plan, which will serve more than 30,000 current and former foster children and some of their family members. 

On top of that, the department has a large contract with an enrollment brokerage company that helps members to enroll in managed care plans. The department also manages multiple critical technology and operations contracts, which ease the administrative burdens on county partners, a department spokesperson wrote in an email.

Another impact could be to the NC Healthy Opportunities pilots, in which people on Medicaid can receive food, transportation or housing services, Melanie Bush, deputy director of the state’s Medicaid program, told NC Health News this summer. Plans for making that program statewide may have to go on a back burner, she said. [Source]
  
Protest Ruling
Mary Helen Moore, The News & Observer, 9/11/24 

Do protests outside a county department head’s home and hundreds of text messages sent to a social worker in one night constitute harassment? If so, would the county be justified in severely curtailing those activists’ rights to protest Those questions were at the heart of an appeal by Durham County activist Amanda Wallace, and last week, the N.C. Court of Appeals ruled it wasn’t yet clear.

The appeals court vacated a protective order taken out against the protester and her “followers” in 2022 — which had already expired — and ruled it should be sent back to the trial court for another hearing. The order did not document the content of the protests and text messages, the court wrote, so the justices could not sort out whether they had a “legitimate purpose” or were intended to “terrorize.” Wallace’s attorney, Dan Gibson, told The News & Observer after the ruling that Wallace’s protests were legitimate and should be protected under the First Amendment.

He also said that the Durham County Department of Social Services didn’t have evidence to support its claims about the text messages. “Let’s say hypothetically, that was all from her cell phone, right? That probably would be harassment,” Gibson said. “But I don’t think it was all from her cell phone, and I think it would be a wildly different case if it was 300 independent people texting someone: ‘Hey, you need to stop doing this,’ right? That sort of stuff happens with government officials all the time.” 

Two years ago, the Department of Social Services got a no-contact order against Wallace, who staff members alleged was harassing them and making them scared to go to work. Wallace, a former DSS employee, founded an advocacy group called Operation Stop CPS — an abbreviation for Child Protective Services — that argued social workers were targeting Black families and “kidnapping” their children. Under state law, children can be removed from their homes when there is evidence of abuse or neglect. They may be placed in foster care if that happens, potentially permanently. Wallace led street protests, including twice in 2022 near the home of the DSS director, who has since retired. Three days after the second protest near his home, DSS sought a protective order to prevent Wallace and her “followers” from contacting the department and its employees. It detailed the protests, as well as social media posts and text messages, including 300 sent to one social worker in a seven-hour span. The sender or senders of those text messages were not identified in the court order. 

District Court Judge James T. Hill ruled that the actions constituted harassment and issued a permanent no-contact order. It allowed Wallace to “peacefully protest,” but stated she must remain 25 feet from the DSS building entrances, not use megaphones, and not speak when minors were leaving the building. The American Civil Liberties Union supported Wallace in the case in an amicus brief, calling the order “vague and fundamentally unfair.” 

“Understandably, the government doesn’t like what Ms. Wallace is saying, but she still has a right to say it, and say it loudly, even if it makes people uncomfortable,” Kristi Graunke, legal director of the ACLU of North Carolina Legal Foundation, said in an interview. The DSS director at the time, Ben Rose, has since retired. The new director, Maggie Cveticanin, did not respond to a request for comment. Nor did the department’s Raleigh-based private attorney in this case, Jacob Wellman, or staff in the county attorney’s office. 

The Court of Appeals handed the case back to the trial court “with instructions to make specific findings of fact” that can settle whether this was indeed harassment, and to identify who sent the 300 text messages to a social worker. It also throws out the injunction against Wallace’s “followers” — who were never identified in court or notified of the proceedings — because it would violate their rights if enforced. [Source]  

Debate Reaction
Danielle Battaglia, McClatchy, 9/11/24

“Unhinged.” “Angry.” “Not presidential.” Those were some of Gov. Roy Cooper’s initial reactions to the debate performance of former President Donald Trump against Vice President Kamala Harris Tuesday night. He was talking to reporters backstage of the debate, in Philadelphia, in the spin room and his conversation was captured on television by C-SPAN.

Just before midnight, Cooper spoke to McClatchy. And his opinion on Harris’ performance was the clear opposite. “She looked very presidential,” Cooper said. “It’s clear that she wants to be a president for all Americans, and she made a convincing case. It’s time to turn the page on Donald Trump.”

Since Harris launched her campaign on July 21, Cooper has been one of her fiercest allies and a top surrogate, stumping for her when she needs him. That includes introducing her at the Democratic National Convention ahead of her accepting the party’s nominee to be its presidential candidate.

“On every issue she was able to meet what he had to say head on,” Cooper told McClatchy. “She had the plans for the American people. He really had no plans. It was pretty clear, not only who won this debate, but who should be president.” As for Trump, Cooper said he “unraveled” and that there were a number of times that he was “almost incoherent” and “clearly angry.”

“He never responded to the question of whether he would veto or sign a national abortion ban,” Cooper said. “And he started rambling incoherently about student loans. He never did address why he killed the strongest immigration bill in a generation, yet complained about immigration most of the night, and I think that he was frustrated at how strong and confident and competent Kamala Harris was tonight.”

Cooper also noted that Trump was rattled when Harris mentioned that numerous people, from his chiefs of staff, to secretaries to military personnel, who worked closely with the former president say he’s unfit to be president. “I think that got him angry,” Cooper said. “And it shows that he should never be trusted again to be president.”

The debate Tuesday night was high-stakes for both candidates. They had never met in person until they walked across the debate stage. They sparred, they traded barbs and in between they talked, or defended, their policy positions on abortion, immigration and the economy.

While Cooper offered support to Harris in person, many notable North Carolina Republicans threw support behind Trump online. Rep. Richard Hudson, the chairman of the National Republican Congressional Committee, was among them. “President @realDonaldTrump delivered a strong America First message tonight on how he will lower costs, secure our borders, and ensure peace through strength,” Hudson wrote on social media. “MAKE NO MISTAKE: President Trump is the only candidate with a proven record who will Make America Great Again!” [Source]  

AG Poll
Paul Specht, WRAL News, 9/11/24

The Democratic nominee for North Carolina attorney general has seized support among younger and urban voters to build a lead in the race, according to a new WRAL News Poll.

Two of North Carolina’s congressmen are running for the state-level position: Democrat Jeff Jackson and Republican Dan Bishop. The seat is open because Attorney General Josh Stein, a Democrat, is running for governor.

Forty-three percent of likely November voters support Jackson and 36% support Bishop, with 21% undecided, according to the poll of 676 likely voters, which was released Tuesday. The gap has widened significantly since March, when a previous WRAL News Poll showed Jackson with a 41%-to-40% lead over Bishop.

The recent poll, conducted in partnership with independent pollster SurveyUSA between Sept. 4 and Sept. 7, reported a credibility interval of plus or minus 4.9 percentage points. A credibility interval is similar to a margin of error but takes into account more factors and is considered by some pollsters to be a more accurate measurement of statistical certainty.

Among voters ages 18 to 49, Jackson now leads by 14 percentage points (46%-to-32%) after trailing Bishop by 2 percentage points in March. Jackson is also now tied with Bishop among all male voters at 41% each, after trailing Bishop by 10 points in March. Jackson has also extended his lead with Black voters: he leads Bishop 80%-to-11% after leading 59%-to-11% in March.

Young voters and Black voters tend to vote for Democrats. So Jackson’s support among those groups isn’t unexpected, said Michael Bitzer, a political science professor at Catawba College. Bitzer said Jackson’s support among men — of all ages and races — is what stands out.
Voters between 18 and 49 years old and Black voters “are a natural component of that consolidation effect,” Bitzer said in an email. “What’s really interesting is the male vote: typically that is a core Republican constituency, as in the gender gap. For Jackson to be tied with Bishop among men is pretty notable at this stage.”

Those shifts have likely helped Jackson take leads in urban areas, where turnout is key to Democratic success in statewide elections. Jackson has erased Bishop’s lead in both Greensboro and Charlotte.

In Charlotte, an area that both men represent in Congress, Jackson leads by 5 percentage points (42%-37%) after trailing by a percentage point in March (40%-39%). In Greensboro, Jackson leads by 4 percentage points (39%-35%) after trailing by 6 points in March. Jackson also widened his lead in Raleigh by 23 points after leading by only 6 points in March.

Bishop, meanwhile, has built a lead in southern and coastal North Carolina. The Republican now leads by 16 percentage points (48%-32%) after leading those regions by only one point in March (42%-41%). [Source]
Blue Cross NCSave the Date
Please plan to be our guest as NC Insider / State Affairs Pro welcomes subscribers to Caffe Luna once more for delicious food and drink, great company and an interesting political conversation. Wednesday, Oct. 9, 2024, from 5:30-7 p.m. Caffe Luna, 136 E. Hargett St., Raleigh. Registration details to follow.
Stein Event
Ben Gibson, The Statesville Record & Landmark, 9/11/24

Iredell County Democrats turned the Chestnut Grove Community Center blue on Tuesday to hear candidate for North Carolina governor Josh Stein speak. “The great thing about running statewide is every person’s vote counts exactly the same,” Stein said. “When I talk about how my last race was determined by four or five votes for a precinct, those four or five votes can be here in Iredell.”

“I recognize winning Iredell County is a long shot, but there are a lot of people here, and there are a lot of potential voters here, and I want to earn the support of as many of those as I can.”

In his 2020 race for attorney general Stein beat out Republican Jim O’Neill by just 13,622 votes, or just 0.26%.

NC Senate District 37 candidate Kate Compton Barr introduced Stein at the event and said she is running an unwinnable race as a Democrat trying to represent Iredell County. She said the district she’s in, which includes parts of Mecklenburg and all of Iredell, was heavily gerrymandered by the Republican-led General Assembly. Barr said in a statewide race for governor every vote counts.

“The story gerrymandering tells is that this district is red, the end,” Barr said. “We are so much more than red. We are more than red because we are out knocking on doors and showing up for people who have never felt seen by our political process until you appeared on their front porch.” [Source]  

Arena Development
Chip Alexander and Richard Stradling, The News & Observer, 9/11/24 

Plans for the new Raleigh Sports & Entertainment District were unveiled Wednesday, providing a closer look at what’s to come at what has been called PNC Arena but soon will have a new name to go with the new look. The first phase of the $1 billion mixed-use project, which has a 15-year development timeline, will involve:The building of a 150-room hotel and more than 500 apartments.A 4,300-seat concert venue operated by Live Nation.

More than 200,000 square feet for entertainment and retail, and 150,000 square feet of office space. The arena, opened in 1999, is home to the Carolina Hurricanes and N.C. State men’s basketball and due to undergo a $300 million renovation. The approval of development of the 80 acres around the arena was a key factor in the Hurricanes, and owner Tom Dundon, agreeing to a 20-year extension of the Hurricanes’ arena lease. The entertainment district is being developed by Dallas-based Pacific Elm Properties and Gale Force Sports & Entertainment, parent company of the Hurricanes. The Centennial Authority, the appointed body that is the arena’s landlord, will meet Thursday and could approve a new naming-rights agreement. 

“PNC Arena” signage has been removed from the arena this week and some “Lenovo” signage was spotted being put in place on Wednesday. 

Brian Fork, chief executive officer of Hurricanes Holdings, LLC., said Wednesday first phase is scheduled to begin in December 2025, after NC State’s football season and could take four to five years to complete. He said $200 million had been committed to the authority by the Hurricanes for the first phase and that the total commitment of the three phases was $800 million. Fork said the development could be the next step toward building the “premier sports and entertainment district in the country and keeping the area a regional economic driver for decades to come.” “I think the goal we have out here is just to bring more people out to the arena,” Fork said. “We’ve got about 160 events a year within the arena, plus football at the stadium, so you’ve got about 200 days of the year where there’s not much going on out here. This is such a centrally located place in Raleigh, in the Triangle, and can be such an asset for the community.” 

One feature will be a 600-foot-long promenade that will have tailgating suites, balconies and open space for fans to gather. “After more than two decades, we are fulfilling the creation of a world-class destination that our local and state partners expected when the Arena was opened in 1999,” Philip Isley, chairman of the Centennial Authority, said Wednesday in a statement. 

Raleigh Mayor Mary-Ann Baldwin said the plans look “really well-thought out.” The proposal to build a 4,300-seat music venue next to the arena comes as the city is deciding how to build a new Red Hat Amphitheater to make room for expansion of the convention center downtown. Baldwin doesn’t think the venues would compete with each other. The city hopes the new downtown amphitheater will seat 6,500 to 7,000 people, which the mayor said attracts different performers than the smaller venue would. “This will be a different type of experience,” she said of the arena amphitheater. “So I think we’re talking two different things.” 

Shinica Thomas, who heads the Wake County Board of Commissioners, said board members hadn’t seen the plans in detail but trust the Centennial Authority to “make good decisions” about the area around the arena. [Source]

Discrimination Settlement
Naomi Kowles, WBTV News, 9/11/24 

Mecklenburg County Sheriff Garry McFadden settled a gender discrimination lawsuit from a former employee on Friday, the last business day before that suit headed to a federal jury trial on Monday. In a settlement where the sheriff’s office admitted no wrongdoing, McFadden will rescind former detention officer Chandler Craig’s 2021 termination record and pay her $50,000. Craig’s attorney says the amount exceeds her lost wages during the year after her termination. Craig will instead be allowed to submit a resignation effective September 22, 2021. 

“This resolution not only restores Ms. Craig’s professional record but also provides her with the opportunity to move forward without the stigma of the previous termination,” attorney Anthony Burts said in a release. In a statement, McFadden cast the resolution as a way to avoid ongoing litigation. He defended a record he said showed deep commitment to fair and equal treatment of all MCSO employees, citing more than half of his executive team being female. “By settling the lawsuit Sheriff McFadden continues expressly to deny any and all liability for wrongful termination,” McFadden wrote. “In so doing, the Sheriff is happy to forego the uncertainty and expense of ongoing litigation.” The settlement comes on the heels of two other settlements earlier this year in cases involving the Mecklenburg County Sheriff’s Office.

Last month, the MCSO reached a settlement in a lawsuit over processing times for handgun permits. In April, the family of an inmate who died by suicide reached a settlement in a lawsuit that alleged Devin Haley never got the drugs or mental health treatment that he was promised. [Source]  

CMS Assignments
Rebecca Noel, The Charlotte Observer, 9/11/24

Parents and community members came out in full force Tuesday to voice concerns about Charlotte Mecklenburg Schools’ proposal to reassign about 800 students in 2025 as part of a magnet shuffle. The original plan, which Superintendent Crystal Hill presented to the board at its meeting Aug. 13, would switch school assignments, move several magnet programs, join two elementary schools and convert Davidson K-8 into an elementary school, moving middle school students to nearby Bailey Middle.

Tuesday was the first public hearing about the plan and more than 30 people signed up to talk to the school board.

Community members and board members raised concern particularly about plans to move non-magnet, neighborhood students from Marie G. Davis to Sedgefield Middle School and Dilworth Elementary, which is already overcrowded. Marie G. Davis is currently a K-8 International Baccalaureate magnet.

CMS is building a new campus at Park Road to accommodate more students, but the new building will not be ready by the 2025 school year. Hill proposed an alternative option at the following board meeting on Aug. 27 that would postpone the plan at Dilworth Elementary by a year. It was originally slated for August 2025.

Several parents and community members who addressed the board at Tuesday’s meeting cited concerns with the plan at Dilworth. “Dilworth Elementary School is currently overcrowded,” said Roberta Fox, parent of a third grader at Dilworth. “We’re making the best of it, but it’s not ideal. We don’t have enough campus parking for teachers. Our art teacher’s classroom is on the stage in the gym.”

At the start of the school year, CMS expected 640 students at the school, which is designed to hold 560. By the second day of school, there were nearly 700 students. CMS previously estimated that, with the addition of students from Marie G. Davis, the school could expect an enrollment of up to 740 next school year. “Adding 100 more students while we are at this campus is not a solution, in my opinion,” Fox said. “I think it’s unfair to both Marie G. Davis students and Dilworth Elementary students.”

The proposed plan also involves closing Dorothy J. Vaughan Academy of Technology, an elementary STEM magnet in northeast Charlotte, and moving students, faculty and programs to Parkside Elementary. However, several speakers objected not only to the closure of Dorothy J. Vaughan, but also the loss of the school’s name.

Vaughan was a respected mathematician at NASA and the first Black female supervisor of the National Advisory Committee for Aeronautics. She eventually became the first Black manager at NASA and was a character in the 2016 film “Hidden Figures.” The board will vote on the plan at its next meeting Sept. 24. [Source]  

Fire Layoffs
Kevin Ellis, Business NC, 9/11/24 

A fire last month at a snack food manufacturer in the coastal city of Holly Ridge will lead to layoffs. Officials with Mount Laurel, New Jersey-based J&J Snack Foods filed paperwork with the state that layoffs at the plant on N.C. 17 would take effect Nov. 9 as the result of an Aug. 19 fire at the plant. The Worker Adjustment and Retraining Notification filing with the N.C. Department of Commerce was unclear on exactly how many people would lose their jobs at the facility, although it did list 33 different job classifications. Workers at the facility manufacture pepperoni and ham and cheese sandwiches, along with Pretzel Dogs. J&J Snack Foods may be best known for its snack foods sold under the Super Pretzels, Luigi’s Real Italian Ice, Minute Maid frozen fruits, Icees and Slush Puppie frozen drinks brand names. J&J Snack Foods also makes Dippin’ Dots frozen treats. The Aug. 19 fire reportedly caused extensive interior and exterior damage to the building and also produced peculiar odors in the days that followed, according to multiple published reports. On Wednesday, the town reported that a road at the plant would be closed intermittently for construction repairs as a result of the fire through the next several weeks. All of the affected employees have been notified. They are not represented by a union and bumping rights do not exist. Company officials did not immediately respond to requests for comment, but did inform the state the next move remains up in the air. “At this time, due to the unexpected and unforeseen event that has caused this layoff, J&J Snack Foods Corp. is still evaluating the ongoing impact this will have on operations at the plant,” the company told the N.C. Department of Commerce. The company has a long history in Onslow County and at one time employed more than 140 workers, making it one of the largest private employers in the county, according to the Jacksonville Onslow Economic Development website. [Source]

Tennessee Rep
Cory Vaillancourt, Smoky Mountain News, 9/11/24

Remarks given by Tennessee State Rep. Justin J. Pearson, stumping for the Democratic presidential ticket during a visit to Western Carolina University in Cullowhee, took on a more poignant air due to a tragic coincidence and a surprise guest — suggesting Americans remain especially divided on a controversial issue. 

“We have to ban assault weapons. No one should have a weapon of war. We have to have red flag laws,” Pearson told The Smoky Mountain News. “We have to do everything that we can in our power to end the gun violence epidemic.”

Pearson, of Memphis, was first elected to the Tennessee House of Representatives in a January 2023 special election to fill the seat of another Democrat who passed away shortly before being reelected the previous fall.

Three months after Pearson’s election, he and fellow Democratic Rep. Justin Jones of Nashville were expelled from the Tennessee House for violating decorum rules by participating in a demonstration for gun reform at the capitol during the legislative session. A third Democratic legislator, Rep. Gloria Johnson of Knoxville, survived the expulsion proceedings by just one vote, however both Pearson and Jones were quickly reappointed to their seats. Together, Pearson, Johnson and Jones are still referred to as “the Tennessee Three.”

The Tennessee Three’s participation in the demonstration came in the immediate aftermath of a shooting at The Covenant School in Nashville, when a 28-year-old former student undergoing treatment for an emotional disorder purchased seven firearms legally and used some of them to kill three nine year olds and three adults.

When Pearson arrived at WCU on the afternoon of Sept. 4, he didn’t launch right into a campaign speech. He started instead with a prayer, because as he was making his way to campus from Charlotte — part of a five-day, five-state swing for Harris/Walz — news broke that yet another school shooting had taken place just 100 miles south of campus.

Earlier that morning in Winder, Georgia, a 14-year-old was taken into custody after allegedly bringing an AR-type rifle to Apalachee High School and using it to kill two 14-year-olds and two adults — the deadliest school shooting in the United States since the one that prompted Pearson’s protest.

“I think gun violence is one of the number one concerns for young people, people 18 to 36 in particular,” Pearson said. “Gun violence, climate change, and economic opportunity are top priorities. And the [Harris/Walz] campaign, with my being here today, is an effort to show the prioritization of this issue for people across the country.”

Harris has called for a ban on assault weapons and has supported federal initiatives against gun violence, like the Bipartisan Safer Communities Act  while also pushing for the creation of the National Extreme Risk Protection Order Resource Center, which acts as a resource for states that have implemented red flag laws to keep weapons out of the hands of people who are a threat to themselves or others.

Former President Donald Trump’s campaign has said, through advisors, that if elected he will protect Second Amendment rights by appointing federal judges who will oppose gun reform. [Source]  

Suicide Prevention
Santiago Ochoa, WFDD Radio, 9/11/24 September is National Suicide Prevention Month. Public health officials in Forsyth County wore purple on Tuesday to commemorate World Suicide Prevention Day but work year-round to address the issue. In 2022, Forsyth County established a Behavioral Health Services Division dedicated to increasing access to mental health resources in the area. Behavioral Health Services Supervisor Amber Humble said her division is working on multiple projects. “Right now we’re in the process of putting together a suicide stigma index, but it’s actually male suicide and mental health,” Humble said. “I’m working with Salem College so we’re hoping that’s going to come out soon, where we’re just trying to get the communities perspective of how they feel about mental health and suicide in our county.” Humble added that the county is developing an interactive tool to track suicides similar to the Unseen Patterns map it released earlier this year to track overdoses. [Source]

Deaths
Donna Swicegood, The Statesville Record & Landmark, 9/11/24

Robert Collier Jr., 93, died Sunday. He was a retired superior court judge, a United States Air Force veteran, a proud alumni of the University of North Carolina at Chapel Hill, a director of the Loch Norman Highland Games and a longtime member of Broad Street United Methodist Church.

Superior Court Judge Joe Crosswhite remembers Collier as a mentor and a friend. Crosswhite said when he first became a superior court judge, Collier came to Crosswhite’s office and handed him several judge’s robes. Crosswhite said Collier told him he’d rather the robes get some use other than hanging in a closet. “I wore those robes for years,” he said.

Collier was born in Statesville and attended Baylor Preparatory School in Chattanooga, Tennessee, Statesville High School and UNC. It was while he was at UNC that he joined the Air Force, serving as a special agent in the Office of Special Investigations. He was honorably discharged in 1954. He joined his father’s law practice and nine years later he was appointed by Gov. Dan Moore to the superior court bench. He remained in that position until he retired in 1988. Collier was honored with the Order of the Long Leaf Pine for his service to the state of North Carolina. [Source]  

Retiring
News Release, 9/10/24
 Cameron Ingram, executive director of the North Carolina Wildlife Resources Commission (NCWRC), has announced he will retire at the end of the year. Ingram has served as NCWRC executive director since August 2020. “It has been an honor to serve as Executive Director for the greatest conservation agency in the nation,” Ingram said.

Ingram began his career with NCWRC on May 12, 1997, at the Institute of Government at UNC-Chapel Hill on the first day of the Basic Academy for Wildlife Law Enforcement. He went on to serve as a law enforcement officer for nearly 25 years. Prior to being unanimously confirmed as director, Ingram served as the agency’s major of field operations for the Law Enforcement Division from 2018 to 2020. A graduate of East Carolina University, Ingram holds a Bachelor of Science in parks and recreation with a concentration in natural resource management.

 “The progress and achievements of the Wildlife Commission during Cam’s tenure are clearly quantifiable and have changed the direction of the Wildlife Commission for the benefit of the State and its wildlife and natural resources,” said Monty Crump, chairman of the agency’s 21-member governing board. 

The NCWRC Board will conduct a thorough process to determine Ingram’s successor. 
NC Insider Legislative Report
LB: LEGISLATIVE BUILDING. LOB: LEGISLATIVE OFFICE BUILDING

HOUSE CALENDARWednesday, Oct. 9, 2024House Convenes at 12 p.m. SENATE CALENDARWednesday, Oct. 9, 2024Senate Convenes at 12 p.m.
HOUSE & SENATE: Reconvening allowed under provisions of SB 916, if no sine die adjournment previously adopted.Tuesday, Nov. 19 to Friday Nov. 22Wednesday, Dec. 11 to Friday Dec. 13

Legislative Studies and Meetings
LB: LEGISLATIVE BUILDING. LOB: LEGISLATIVE OFFICE BUILDING
Thursday, Sept. 192 p.m. | America’s Semiquincentennial Committee, 1228/1327 LB.

N.C. Government Meetings and Hearings
BOLD ITEMS ARE NEW LISTINGS
Thursday, Sept. 1210 a.m. | NC State Health Coordinating Council  – Long-Term & Behavioral Health Committee Meeting, Event website: https://info.ncdhhs.gov/dhsr/mfp/meetings.html
Friday, September 139 a.m. | Criminal Justice Education and Training Standards Commission  –  Executive Committee Meeting, 2211 Schieffelin Road, Apex.Tuesday, Sept. 1710 a.m. | The North Carolina Partnership for Children Board of Directors meets. You may contact Yvonne Huntley at 984.221.1242 or email at [email protected] for additional information.Friday, Sept. 2012 p.m. | Citizen Advisory Committee meeting for HUD Community Development Block Grant – Mitigation (CDBG-MIT) funding, The Harrelson Center, 20 N 4th St Ste 214, Wilmington.

UNC Board of Governors
23 S. WEST STREET, SUITE 1800, RALEIGH
Thursday, Sept. 12Meeting of the Board of Governors, TBA.Thursday, Oct. 17Meeting of the Board of Governors, TBA.Wednesday, Nov. 13Meeting of the Board of Governors, TBA.Thursday, Nov. 14Meeting of the Board of Governors, TBA.
N.C. Utilities Commission Hearing Schedule
DOBBS BUILDING, 430 NORTH SALISBURY STREET, RALEIGH
Monday, Sept. 161 p.m. | Public and Expert Witness Hearing – Application Pursuant to G.S. 62-133.2 and Commission Rule R8-55 relating to Fuel and Fuel-related Charge Adjustments for Electric Utilities | E-2 Sub 13411 p.m. | Public and Expert Witness Hearing – Application pursuant to G.S. 62-133.9 and Commission Rule R8-69 for Approval of Demand-Side Management and Energy Efficiency Cost Recovery Rider | E-2 Sub 13421 p.m. | Public and Expert Witness Hearing – Application Pursuant to G.S. 62-133.8 and Commission Rule R8-67 for Approval of CEPS Compliance Report and CEPS Cost Recovery Rider | E-2 Sub 13431 p.m. | Public and Expert Witness Hearing – Application pursuant to G.S. 62-110.8 and Commission Rule R8-71 for Approval of CPRE Compliance Report and CPRE Cost Recovery Rider | E-2 Sub 13441 p.m. | Public and Expert Witness Hearing – Application pursuant to G.S. 62-133.2 and Commission Rule R8-70 relating to Joint Agency Asset Cost Recovery Rider | E-2 Sub 1345Tuesday, Sept. 1710 a.m. | Expert Witness Hearing – Application for General Rate Increase for Piedmont Natural Gas Company, Inc. | G-9 Sub 837

Other Meetings and Events of Interest
BOLD ITEMS ARE NEW LISTINGS
Friday, Sept. 272024 Lumbee Powwow, Lumbee Tribe Cultural Center, 638 Terry Sanford Drive, Maxton.Wednesday, Oct. 95:30 p.m. | NC Insider / State Affairs Pro subscriber event, Caffe Luna, 136 E. Hargett St, Raleigh.

House and Senate pass bill for school voucher funding, immigration enforcement mandate

The House passed HB 10 Wednesday afternoon, and the bill will be headed to Gov. Roy Cooper’s desk. 

Like previous discussions in committee meetings and the Senate, much of the debate around HB 10 centered on Opportunity Scholarship vouchers and Immigration and Customs Enforcement detainer provisions. 

HB 10 would allocate just under half a billion dollars to clear a 55,000-person waiting list for private school vouchers. It would also require local sheriffs to cooperate with federal immigration enforcement when a 48-hour detainer is placed on an individual with unverifiable legal status. 

“There is a proper method for ICE to get someone in our jails and it is called a warrant for arrest of alien, and there has to be a finding of probable cause,” Rep. Marcia Morey, D-Durham, said, calling these detainers “unconstitutional.” 

“We’re here debating election talking points that are fueled by misinformation and prejudice,” she concluded. 

“HB 10 perpetuates racial profiling and discrimination,” Rep. Maria Cervania, D-Wake, said, adding that these arrests are based on suspicion. 

Rep. Ken Fontenot, R-Wilson, said cooperation with law enforcement should be a basic tenet of a country that is reeling from the effects of fentanyl, which he attributed to the lack of a strong border with Mexico. 

“I cannot comprehend the damage that is happening in areas where people who are violent drug offenders and traffickers who should be detained are not detained,” Fontenot said. 

Rep. Destin Hall, R-Caldwell, said this provision will eliminate the “insanity” that has taken place since 2018 when about 10 sheriffs in the state have refused to cooperate with federal immigration authorities. 

“I’ve also heard a lot of comments about this [detainer] being unconstitutional and what a liability it is to sheriffs across the state,” Hall said. “Well, that’s news to the sheriffs across this state because, again, 90-plus are already cooperating.” 

Rep. Laura Budd, D-Mecklenburg, said this legislation is at odds with North Carolina’s reputation as the No. 1 state in the nation for business. 

“We market ourselves as the place to invest time, talent, resources,” Budd said. “Well, this bill does the exact opposite — it rolls up the welcome mat.”

Debate about the Opportunity Scholarship vouchers was interspersed with commentary on the immigration debate on the House floor. 

“Why do we have to reach into public coffers to send money to private education when our job is to protect public schools and everybody’s kid can go there?” asked Rep. Abe Jones, D-Wake, who added that the state continually ranks low in teacher pay. 

“One can get an excellent education in public schools provided that we make the provisions for excellency,” Rep. Marvin W. Lucas, D-Cumberland, said. “Wherever we deprive those students, we’re going to get diminishing returns.”

Rep. Kelly E. Hastings, R-Gaston, said he’s often asked,“Why are Republicans dismantling education?” 

He said his response is the Legislature has passed numerous pay raises for teachers and state employees over the past decade while cutting their income taxes. Hastings said the General Assembly has invested millions of dollars into safety measures and capital for public schools. 

“I just wanted to put it on record today … just what we’ve done for public education when a lot of the public seems to get into the rhetoric about how we’ve dismantled public education, and it couldn’t be further from the truth,” Hastings said. 

HB 10 passed with a 67-43 vote following over an hour of debate. 

House Speaker Tim Moore said if a veto is required by the Legislature, an override could be expected if enough members are present in October, but it’s too soon to plan for that event.

Correction: This story has been updated to correctly attribute the quote from Rep. Morey.

For questions or comments, or to pass along story ideas, please write to Matthew Sasser at [email protected] or contact the NC Insider at [email protected] or @StateAffairsNC 

State board of education looks to sharpen internal communications skills

The Kansas State Board of Education on Wednesday discussed ways that it can better communicate as a board. 

The “board retreat,” held at the Kansas Health Institute, was moderated by Kansas Association of School Boards Field Specialist Doug Moeckel. The 10-member board is composed of individuals with diverging viewpoints, placing them on the opposite ends of the K-12 policy spectrum. 

“How do we get to the same goal together by merging these differences?” asked Education Commissioner Randy Watson near the end of the meeting. 

Moeckel’s presentation highlighted a communication model known as “radical candor” — encompassing both praise and criticism that is delivered in a “caring” fashion. 

“Challenging directly while caring personally,” noted Moeckel’s PowerPoint slide. 

The presentation also covered other methods of communication, some of which could be counterproductive to the board. Those include:

  • Ruinous empathy: Caring personally, while failing to challenge directly
  • Manipulative insincerity: Not caring personally, while also not challenging directly
  • Obnoxious aggression: Not caring personally, while challenging directly

Moeckel also noted boards in general are prone to “confirmation bias” when discussing pertinent issues. His PowerPoint defined confirmation bias as “a tendency to search for, interpret, favor and recall information in a way that confirms or supports one’s prior beliefs or values.”

Board member Betty Arnold, District 8, broached concerns pertaining to proper etiquette during meetings. Arnold described a hypothetical scenario in which board members are not giving their undivided attention while another member is speaking. Examples included cellphone distractions and mingling among members seated next to each other. Arnold characterized the behavior as disrespectful and indicated it may have an influence on her attentiveness while others are speaking. 

Ann Mah, District 4, said the presentation made her reflect on the overall cohesiveness of the board over the past couple years and how it can improve its communication moving forward. Mah said “philosophical differences” remain, but she is encouraged by recent strides. 

Board president Melanie Haas, District 2, mentioned routine procedural items that haven’t always been smooth sailing.  

“As the chair, I’m certainly struggling with, ‘What am I doing wrong? What are we potentially doing wrong [as a board]? — [or] the department doing wrong?’” she said, referencing a recent obstacle in passing the board’s consent agenda. 

“Consent [agenda] is supposed to be easy, routine,” she said. “So it felt like there was a disconnect. And that comes back to a conversation about how to be a high-functioning board.”

Haas said she has extensive experience serving on various boards, but none more important than the State Board of Education. 

“The thing that many of them have in common is many people coming together from all different places and working toward the same goals,” she said, pointing to the board’s mission statement: “To prepare Kansas students for lifelong success through rigorous, quality academic instruction, career training, and character development according to each student’s gifts and talents.” 

The meeting also featured breakout sessions among board members. During one of the sessions, Haas was placed with Danny Zeck, District 1. Haas and Zeck, who also represent the board on a task force reviewing students’ cellphone use during school hours, are frequently on opposite ends of the policy spectrum. Haas said she had a “fantastic” discussion with Zeck and other board colleagues during the breakout sessions. 

“And I hope this moves us closer to being a truly high-functioning and performing board,” she said. “And that we’re not just having great meetings and getting a lot done, but that we’re also meeting our goals.” 

Matt Resnick is a statehouse reporter at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected]

Another PAC to boot Bolick and King takes shape

A new PAC aimed at unseating Bolick and King made their campaign debut Tuesday. Protect Abortion Rights No Retention Bolick and King plans to make the justices’ ruling upholding the 1864 abortion ban the campaign centerpiece in its bid to unseat the justices. The group is working in tandem with Progress Arizona, the first organization to announce its campaign against the two justices, as well as Planned Parenthood Advocates of Arizona. Abigail Jackson, digital director for Progress Arizona, said the two campaigns would make joining forces. Progress Arizona is handling a progressive voters guide, while Protect Abortion Rights No Retention Bolick and King is in nascent phases of fundraising and plans to run a traditional campaign, like buying digital and direct ads, knocking on doors and attending events. And though leading with the abortion ruling, Morgan Finkelstein, spokesperson for the campaign, and DJ Quinlan, chair, said the group planned to wrap in the justices’ records on and off the bench. On Bolick’s part, Quinlan and Finkelstein pointed to education funding — given Bolick’s past work in litigation with the Goldwater Institute and lobbying for the Institute for Justice, as well as his ruling striking down Prop. 208, a 2020 voter initiative raising taxes on high-income households to pad school budgets and teacher salaries. For King, Jackson noted King’s past work as a corporate litigator, “helping employers squash lawsuits brought by their employees.” Voter education on Prop. 137, the ballot measure poised to walk back the results of the 2024 retention election if passed by voters, is part and parcel of the campaign, too. “The most heinous thing about Proposition 137 is that it’s retroactive,” Quinlan said. “So if voters, in their wisdom, choose to vote no on retention for justices Bolick and King, but 137 were to pass, it would actually undo their vote … It will be an important component of the campaign.”

Just some light reading before bed

The 2024 General Election Publicity Pamphlet was published by the Secretary of State’s office on Monday, void of the changes that ballot initiative backers had asked the courts for. The three-hundred-page pamphlet will be mailed out to registered voters ahead of the general election. Each proposition is listed with the Legislative Council Analysis and pro and con arguments from Arizonans, with fiscal notes included for some. Prop. 139, or the Arizona Abortion Access Act, had the most “for” and “against” arguments submitted, with 33 pages of supporters and 23 pages of opposing arguments. Prop. 140, or the Make Elections Fair Arizona Act, came second with 27 pages of “for” submissions and 23 pages of “against” submissions.

Attorneys ask court to reconsider sanctions in bid to outlaw tabulation machines

Attorneys behind Lake and Finchem’s 2022 failed legal bid to outlaw tabulation machines asked the Ninth Circuit Court of Appeals to reconsider $122,200 in sanctions in arguments this morning. Andrew Parker and Kurt Olsen faced $110,000 in sanctions for making “false, misleading, and supported factual assertions … and that their claims for relief did not have an adequate factual or legal basis,” given specific claims that Arizona did not use paper ballots, and Maricopa County failed to independently test machines, as well as advancing “unsupported claims based on speculation and conjecture,” according to an order from district court judge John Tuchi. The Ninth Circuit panel first heard from Joseph Pull, an attorney for Parker and Olsen. Pull stressed that two of the bases for sanctions, testing and speculation and conjecture, had already resulted in no discipline by the state’s presiding disciplinary charges. As for the issue about paper ballots, Pull noted, though “liberal” in charging Parker and Olsen, the State Bar did not pursue the paper ballots’ claim. He further argued the use of “paper ballots” in the complaint as part “litany” of examples of what a constitutionally sound way to count ballots could entail. Judge Kim Wardlaw, a Bill Clinton nominee, said, “So, if you throw in enough, then you can find ambiguity, and then you can say anything you want to say in your complaint, as though it’s true.” Pull disagreed and said the complaint was “clearly assuming Arizona used paper ballots,” adding “paper ballots” was shorthand for hand counts. “Why wouldn’t an attorney be more explicit about that?” Wardlaw said. “It would have saved us a lot of trouble, but the attorneys took that as something that didn’t need to be said,” Pull said. He said in his concluding remarks to the court, “There are places they could’ve been clear, but these attorneys did not make factual misrepresentations, and there were arguments to support their legal position.” Emily Craiger, attorney for Maricopa County, said Parker and Olsen brought a “baseless” and “frivolous lawsuit,” rightly sanctioned by the district court. Judge Patrick Bumatay, a Trump nominee, noted a line in the district court’s order in which Tuchi notes the sanctions are “to make clear that the court will not condone litigants … furthering narratives that undermine public trust at a time of increasing disinformation and distrust in the democratic process.” Bumatay asked Craiger, “It seems like  this is a message for anyone that wants to challenge the elections in Arizona, is that right? Is that proper?” Craiger said it was to deter baseless challenges to elections. “I don’t think that that’s what the court said. You can bring legitimate claims evaluating Arizona’s vote and tabulation system, but in this case, the claims that were brought were baseless.” Bumatay pushed the question, “Would you be OK if the district sanctioned someone under Rule 11 and said you can’t bring baseless civil rights actions. You can’t bring baseless actions to vindicate your constitutional rights.” Craiger said, “You can’t bring a baseless action in federal court … whether it’s civil rights, whether it’s elections, whatever the context is, you have to follow the rules.”

Lawyer says sanctions should be cut due to his limited role in Lake, Finchem cases

Alan Dershowitz, who played a limited role but signed off on Lake and Finchem’s electronic voting systems lawsuit, also challenged the sanctions and his $12,200 cut of fees in front of the Ninth Circuit Court of Appeals Wednesday. Dennis Wilenchik, attorney for Dershowitz, again emphasized a lack of involvement in the case and Dershowitz’ delineation as “of counsel,” which proves his limited role in sanctionable portions of the case. “He’s not there to look over the shoulder of lead counsel and do 200 hours of work when he’s billing for three. That’s just not realistic,” Wilenchik said. Judge Kim Wardlaw, a Bill Clinton nominee, noted, though, he signed off as counsel on the complaint. “Fine, he shouldn’t sign the papers,” Wardlaw said. “I would say the rule is don’t sign your name to a document if you don’t know the allegations are truthful or lawful.” Wardlaw further noted Dershowitz was “publicly touted as lead counsel by Kari Lake, Mike Lindell, outside the courtroom.” Wilenchik said, “I understand your point. Other people say a lot of things.” He argued for a “rule of lenity” with respect to Dershowitz’ designation in the case, especially when he was “clearly found factually to not have been involved in anything that was actually sanctioned.” Emily Craiger, attorney for Maricopa County, said the “of counsel” designation changes obligations as an attorney. “There are ways for attorneys to provide expertise, there are ways for attorneys to participate in cases, there are ways without signing the pleadings,” Craiger said. Judge Patrick Bumatay, a Trump nominee, asked, “Why was this way unreasonable?” Craiger said, then, “you will have every attorney signing every pleading with a carve-out, ‘I’m only responsible for this piece. He’s responsible for this piece. She’s responsible for that piece.’ When globally, rule 11 provides you need to make sure that when you’re signing this, what is in here is actually true and accurate.” Bumatay said that was a “fair argument.”

Governor unveils new “workforce cabinet” to boost jobs

Hobbs signed an executive order on Wednesday establishing a “workforce cabinet” of state agencies and offices to boost job opportunities for Arizonans. At a press conference announcing the plan, called the Talent Ready AZ Initiative, Hobbs said the goal is to connect workers with job opportunities and assess the opportunities available across industries. “A strong workforce is one that is accessible to everyone,” Hobbs said. “A strong workforce also means having the education and training needed to be prepared for these jobs, and we have so many tools at our disposal to make that happen, but we have to make sure that those tools are being used effectively across state governments and across industry.” Hobbs said the 18 different agencies and offices will collaborate through working groups and will be tasked with implementing workforce initiatives and aligning efforts with agencies and the private sector. Agencies like the Department of Economic Security, Commerce Authority, Department of Health Services and Department of Transportation will be part of the cabinet. Several offices within Hobbs’ administration will also be part of the cabinet, including the Governor’s Office of Resiliency, the Office of Economic Opportunity and the Office of Tourism. The executive order also directs 1% of federal funding for initiatives like broadband access and highway upgrades to create jobs that will support the implementation of those initiatives. Hobbs’ office says that 1% will amount to $100 million in workforce funding.

Teen gang violence to be prosecuted at higher level with new measure

Maricopa County Attorney Rachel Mitchell announced Wednesday that she’s working with Gress and Willoughby to introduce legislation for next session to increase penalties for organized teen violence, or “swarming.” “This is a tragic reminder of what happened almost a year ago to Preston Lord and to his family,” Mitchell said. Lord died last October after several members of the teenage gang known as the Gilbert Goons in the southeast Valley assaulted him at a Halloween party. The proposed measure would change the felony issued to people who commit assault in groups of three or more from a class 6 felony to a class 4 felony. Mitchell said this change would prevent the charge from being reduced to a misdemeanor, which is a challenge that prosecutors are currently facing with these types of cases currently due to law requiring serious injury of a victim or use of a weapon to elevate a charge to a felony. Mitchell said prosecutors can elevate charges to class 6 felonies by alleging a victim is restrained when attacked by a group of people, but those charges can still be reduced to misdemeanors. “It’s unacceptable and deserves a statewide response,” Gress said. Mitchell said she expects bipartisan support on the legislation and is currently contacting other lawmakers to get other cosponsors on the bill.

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