Howey Daily Wire Sept. 20, 2024

Happy Friday!

Democratic gubernatorial candidate Jennifer McCormick unveiled her plan to lower Hoosiers’ utility bills, and Attorney General Todd Rokita declined to intervene in a lawsuit claiming the state’s Medicaid program lost millions of dollars through fraud. More news below. — Howey Politics Indiana/State Affairs

McCormick says her net metering policy would cut Hoosiers’ energy costs, create jobs: Democratic gubernatorial candidate Jennifer McCormick wants to restore pre-2017 net metering practices in Indiana, a move that would allow Hoosiers to sell electricity they generate back to the grid for an equal credit on their utility bill. (Meeks, State Affairs)

Attorney general’s office passes on whistleblower Medicaid lawsuit: The Indiana attorney general’s office has decided to stay out of a whistleblower lawsuit in which two former state officials claim several hospitals and insurance companies defrauded hundreds of millions of dollars from Indiana’s Medicaid program. (Davies, State Affairs)

STATE

Holcomb makes 6th Court of Appeals appointment, another coming: Gov. Eric Holcomb named Porter County Circuit Court Judge Mary DeBoer as his sixth appointment to the Indiana Court of Appeals, with one more choice coming up. (Davies, State Affairs)

End-of-term turnover not a concern, Holcomb says: The ongoing turnover among top officials in Gov. Holcomb’s administration is a process he says isn’t unexpected or worrisome as his second term in office nears the end. (Davies, State Affairs)

Holcomb joins GOP governors pushing back against clean energy mandates: Saying some renewable mandates are ideological statements not based in reality, Gov. Holcomb joined nine other Republican governors to push back against clean energy mandates. (Kelly, Indiana Capital Chronicle)

Crouch to speak at UN Science Summit: Lt. Gov. Suzanne Crouch announced in an email to Howey Politics Indiana/State Affairs that she will join other U.S. state leaders for a discussion on mental health during Brain Days at The Science Summit, part of the 79th United Nations General Assembly in New York.

IEDC announces $38.3B in committed investments, beating previous record: The Indiana Economic Development Corp. said Thursday it has secured $38.3 billion in committed capital investment from 124 companies through the third quarter of this year. (Brown, Inside Indiana Business)

Proposed Citizens Energy LEAP pipeline approved for $325M in state loans: The Indiana Finance Authority approved $325 million in loans to support the proposed extension of the Citizens Energy system to provide 25 million gallons of water per day to the LEAP Lebanon Innovation District and surrounding Boone County developments. (Charron, IBJ)

Planned Parenthood expands gender-affirming care capacity at statewide clinics: Planned Parenthood has expanded its capacity to offer gender-affirming care services in Indiana, stating it hopes to meet the need of transgender Hoosiers seeking care. (Smith, WFIU-FM)

State agrees to transfer vacant women’s prison to Indy for redevelopment: In a victory for Indianapolis eastside neighbors, the state has agreed to transfer ownership of the long-vacant Indiana Women’s Prison site to the city. (Benson, MirrorIndy)

More than half of Indiana counties under burn ban: The latest U.S. Drought Monitor shows most of Indiana under “moderate drought” while some areas of the state are in “severe drought.” (Herrick, WIBC-FM)

LOCAL

Fort Wayne mayor, controller unveil balanced budget, possible 5% local tax cut: The City of Fort Wayne would invest nearly $48 million in neighborhood infrastructure improvements — and the tax rate could drop — under a 2025 budget proposal. (The Journal Gazette)

Record tourism year for Terre Haute: Mayor Brandon Sakbun says the city’s tourism revenue for 2024 is already ahead of last year by 18%. (Reeves, WTHI-TV)

Monroe County council lowers jail tax rate: Monroe County income tax will go up 0.175% on Jan. 1 to help pay for a new jail that will likely be built along State Road 46 between Bloomington and Ellettsville. (Lane, The Herald-Times)

I-69 expected to be ‘game changer’ for Bargersville: Johnson County and Bargersville are getting ready to grow as the Interstate 69 innovation corridor develops. (Kennett, Daily Journal)

GENERAL ASSEMBLY

Changes coming for Indiana’s child fatality reporting: Lawmakers signaled they will propose alterations to the state’s child fatality data reporting. (Meeks, State Affairs)

Legislators to issue new warnings to local governments over accounting violations: A legislative subcommittee said it plans to again send letters telling numerous local units of government to improve their financial record-keeping after letters sent last year to noncompliant entities had a positive impact. (Meeks, State Affairs)

Monday: Pension oversight study committee to meet — A notice announced the Interim Study Committee on Pension Management Oversight will meet at 1 p.m. in Room 156-A at the Statehouse. (Howey Politics Indiana/State Affairs)

CONGRESS

Young joins Senate GOP letter claiming VP Harris mismanaged $42B broadband initiatives: U.S. Sen. Todd Young, R-Ind., announced he joined eight Republican senators in a letter to Vice President Kamala Harris claiming she mismanaged federal broadband initiatives by adding “partisan, extralegal requirements” to the process. (Howey Politics Indiana/StateAffairs)

Banks joins Carson, Yakym to vote down continuing appropriations legislation: Unlike his fellow Hoosier House Republicans who supported the measure, Rep. Jim Banks voted against yesterday’s failed continuing resolution bill, explaining he did so because it “didn’t cut a single cent in federal spending,” according to an email to Howey Politics Indiana/State Affairs. Indiana Democratic Reps. André Carson and Frank Mrvan also voted nay.

Bucshon legislation seeks to modernize recycling infrastructure: U.S. Rep. Larry Bucshon, R-Ind., introduced bipartisan legislation to tackle plastic pollution and improve the sustainability of plastic packaging materials by modernizing the nation’s recycling infrastructure and increasing the use of recycled material, according to a news release. (Howey Politics Indiana/State Affairs)

Banks letter calls on Biden to enforce laws, sanction Iran: Rep. Banks sent a letter to President Joe Biden stating the administration failed to enforce two laws regarding the sanctioning of Iran. Banks’ MAHSA Act required the administration to take action by July 23, according to a news release. (Howey Politics Indiana/State Affairs)

Pence speaks in opposition to minimum nursing staffing rule: U.S. Rep. Greg Pence, R-Ind., announced he urged members of a markup committee to overturn a mandatory nursing staff ratio rule proposed by the Centers for Medicare and Medicaid Services, claiming the rule would lead to nursing home closures in hard-to-staff rural areas. (Howey Politics Indiana/State Affairs)

Houchin admonishes Democrats for opposing proposed immigration policies: In response to Democrats’ concerns that proposed immigration legislation would lead to federal funding cuts to states, U.S. Rep. Erin Houchin, R-Ind., said, “I think letting 10 million or more illegal immigrants flooding into the country is doing the most to undermine public health, public safety and undermining our cities.” (Darling, WIBC-FM)

Congressional schedule: The House will meet at 9 a.m. Agenda items include consideration of bills addressing presidential security, “sanctuary cities” and proposed rules for vehicle emissions. The Senate is out.

CAMPAIGNS

Howey on major state races: Brian Howey of State Affairs analyzes the shape of Indiana’s high-profile campaigns 45 days out from the Nov. 5 election.

Wells seeks to remake ‘culture and climate’ of Indiana attorney general’s office: In the second of a two-part series, Rory Appleton of State Affairs interviewed Democratic attorney general nominee Destiny Wells, who criticized her Republican opponent, incumbent Todd Rokita, and touted her service as a U.S. Army veteran.

Libertarians protest snub of Rainwater for televised debate: Indiana Libertarians are objecting to gubernatorial candidate Donald Rainwater not being invited to participate in the first of three planned televised debates between Republican Mike Braun and Democrat Jennifer McCormick. (Davies, State Affairs)

NATION

Mitch Daniels op-ed: America is racing toward a fiscal apocalypse — “With debts already about to surpass the nation’s entire GDP, and adding close to $2 trillion more this year, only a dwindling number of denialists doubt that a cataclysmic reckoning, including double-digit damage to Americans’ income growth, lies ahead,” former Indiana Gov. Mitch Daniels wrote in an op-ed published in The Washington Post.

White House schedule: President Joe Biden will host a reception in celebration of Hispanic Heritage Month at 5 p.m. Vice President Kamala Harris will deliver remarks at campaign events in Atlanta and Madison, Wisconsin.

Robinson campaign on defense following CNN report

The political day in Raleigh Thursday was dominated by news and speculation surrounding the gubernatorial campaign of Lt. Gov. Mark Robinson, who addressed the issue of a potential withdrawal from the race in a defiant video release on the social media platform X.

“We are staying in this race. We are in it to win it,” Robinson said in the video, which was released mid-afternoon. “And we know that with your help, we will.”

Robinson tells viewers that they have already seen “half-truths and outright lies” in campaign advertisements attacking him and that now CNN is releasing a story based on what he calls a leak by the campaign of his opponent, Attorney General Josh Stein. 

Robinson dismisses the CNN story as “salacious tabloid trash” and compares himself to U.S. Supreme Court Justice Clarence Thomas, who he said was also the victim of a “high-tech lynching.”

On the campaign trail, Robinson has long encouraged voters to ignore attack ads and negative media reports about him.

”Let me reassure you the things that you will see in that story, those are not the words of Mark Robinson,” Robinson said. “You know my words, you know my character and you know that I have been completely transparent in this race and before.” 

By 9 p.m., Robinson’s video had garnered more than 3 million views. 

Unknowable at this point, however, is how many views the allegations contained in the CNN story garnered as it appeared on news sites and social media platforms around the country. Many headlines featured the allegation that Robinson had referred to himself on a porn web site as a “Black Nazi.”

Stories early in the day based on anonymous sources said Robinson was getting pressure to withdraw from the race by people associated with the campaign of former President Donald Trump. 

Robinson spokesman Michael Lonergan called that false. “You can quote me directly on this: That is complete fiction.”

FULL REPORTING

CNN Report: (Gary Robertson, The Associated Press, 9/19/24) The CNN report describes a series of racial and sexual comments Robinson posted on the message board of a pornography website more than a decade ago. CNN reported that Robinson, who would be North Carolina’s first Black governor, attacked civil rights leader Martin Luther King Jr. in searing terms and once referred to himself as a “black NAZI.”

CNN also reported that Robinson wrote of being aroused by a memory of “peeping” women in gym showers when he was 14 along with an appreciation of transgender pornography. Robinson at one point referred to himself as a “perv,” according to CNN.

The Associated Press has not independently confirmed that Robinson wrote and posted the messages. CNN said it matched details of the account on the pornographic website forum to other online accounts held by Robinson by comparing usernames, a known email address and his full name.

CNN reported that details discussed by the account holder matched Robinson’s age, length of marriage and other biographical information. It also compared figures of speech that came up frequently in his public Twitter profile that appeared in discussions by the account on the pornographic website.

Trump Campaign: (Gary Robertson, The Associated Press, 9/19/24) Trump’s campaign appears to be distancing itself from Robinson in the wake of the report. In a statement to the AP, Trump campaign spokesperson Karoline Leavitt said the GOP nominee’s campaign “is focused on winning the White House and saving this country,” calling North Carolina “a vital part of that plan.” Leavitt went on to contrast Trump’s economic record with that of Harris, not mentioning Robinson by name or answering questions as to whether he would appear with Trump at a Saturday campaign rally in Wilmington, or had been invited to do so. 

State law says a gubernatorial nominee could withdraw as a candidate no later than the day before the first absentee ballots requested by military and overseas voters are distributed. That begins Friday, so the withdrawal deadline would be late Thursday. State Republican leaders could then pick a replacement.

Republican Response (Dawn Baumgartner Vaughan, The News & Observer, 9/19/24; Gary Robertson, The Associated Press, 9/19/24) A top-ranking North Carolina Republican says the news of the latest scandal involving Republican Lt. Gov. Mark Robinson, who is running for governor, is “not a shock to me.” North Carolina’s Republican State Treasurer Dale Folwell said “it seems like anyone who’s ever come in contact with (Robinson) has been fleeced. And this is just the latest example of the taxpayers and the donors getting fleeced.” Folwell, a longtime elected official who also served in the General Assembly, ran unsuccessfully against Robinson in the Republican gubernatorial primary. “His consultants, who have made hundreds of thousands, if not millions of dollars off him, are laughing all the way to the bank,” Folwell said in an interview Thursday with The News & Observer.

The CNN report is “concerning,” said Rep. Richard Hudson, a North Carolina member of Congress who chairs the National Republican Congressional Committee, in a statement sent by a spokesperson for the NRCC. “The allegations involving Lt. Gov. Robinson in this new report are concerning. I am hoping Mark can reassure North Carolinians that each of these specific allegations are not true,” Hudson said. Similarly, Republican U.S. Sen. Ted Budd said in a statement through a spokesperson: “The comments reported in the article are disgusting. Mark Robinson says they are not from him. He needs to prove that to the voters.” 

The North Carolina Republican Party defended Robinson in a statement on X, saying that despite his denial of CNN’s report, it wouldn’t “stop the Left from trying to demonize him via personal attacks.” The party referred to economic and immigration policies as the predominant election issues North Carolinians will care more about instead.

“The Left needs this election to be a personality contest, not a policy contest because if voters focused on policy, Republicans win on Election Day,” the party said.

Ed Broyhill, a North Carolina member of the Republican National Committee, said he spoke to Robinson Thursday afternoon and still supports him as the nominee. In an interview, Broyhill suggested the online details may have been fabricated.

“It seems like a dirty trick to me,” Broyhill said.

Folwell recalled Robinson saying in a speech “that anybody who criticizes him, God’s going to come down on a white horse and exercise His vengeance.” “I guess there’s going to be a lot of white horses,” Folwell said. As treasurer, Folwell serves on the 10-member Council of State with Robinson and other statewide elected officials.

Folwell said that when it comes to dropping out of the race for governor, the only people who can make that decision are Robinson, former President Donald Trump and Republican National Committee Chair Michael Whatley, who previously led the NC Republican Party, because “they’re the ones that selected him to start with.” Trump has endorsed Robinson, and brought him on stage with him briefly during a campaign rally in Asheboro in August. However, Robinson was not at a rally this week with Sen. JD Vance, Trump’s running mate.

Scott Lassiter, a Republican candidate for state Senate, is calling for Robinson to end his campaign and let another Republican take his place. Lassiter said that “no one should feel obligated to support a candidate solely due to party affiliation,” and called for Robinson to step aside. Robinson said even before the CNN report came out that he will not leave the race, and denies the allegations.

Democratic Response: (Dawn Baumgartner Vaughan, The News & Observer, 9/19/24) Robinson’s opponent in the governor’s race is Attorney General Josh Stein. “North Carolinians already know Mark Robinson is completely unfit to be Governor. Josh remains focused on winning this campaign so that together we can build a safer, stronger North Carolina for everyone,” Stein’s campaign said in a statement. Democratic Gov. Roy Cooper, at an event-naming ceremony for the Lenovo Center, was asked about Robinson ahead of the CNN story publishing. “So there is something special that has happened? I think every day could be a reason for him to have dropped out of the race. You know, he’s the wrong choice for North Carolina,” Cooper told reporters. 

Attorney General and Democratic nominee for Governor Josh Stein meets with Republicans who say they will support him in November. (Credit: Clifton Dowell)

Democratic U.S. Rep. Jeff Jackson, who is running for attorney general against Republican U.S. Rep. Dan Bishop, sent out a news release about the CNN story with photos of Bishop and Robinson together, asking if Bishop regrets his endorsement of Robinson. “Is he still “proud” to give Robinson his support? … Or are Robinson’s comments on Nazis and slavery a bridge too far, even after all the other controversy?” Jackson wrote. Other Democrats were already sending out fundraising emails off the Robinson news, including Democratic state House candidate Nicole Sidman, who is running against Republican N.C. Rep. Tricia Cotham. 

Democratic Governors Association spokesperson Izzi Levy called it “just the latest proof that Mark Robinson is unhinged, dangerous, and completely unfit to be governor.” Avi Bajpai and Chip Alexander contributed to this story. 

Republicans for Stein: (Clifton Dowell, State Affairs Pro, 9/24/24) Calling GOP candidate Mark Robinson a fringe candidate who would be bad for North Carolina, a group of Republicans on Thursday announced their support for Democrat Josh Stein to be the next governor.

Introduced at a news conference organized by the Stein campaign, the group — termed “Republicans for Stein” — included former North Carolina state Sen. Richard Stevens, Winston-Salem attorney David Daggett, and consultant and businesswoman Parker Wilson. 

In a news release, the campaign said more than 50 North Carolinians had signed on so far, including former state Sen. Jim Davis and former state Reps. Chuck Neely, Charles “Chuck” McGrady, David Guice and Will Neumann.

A spokesman for the Robinson campaign declined to comment on the news conference.

Parker Wilson, a consultant and longtime Republican, said she supports Democrat Josh Stein in November’s election for governor. (Credit: Clifton Dowell)

Wilson said that Robinson’s views on women were objectionable and that the state would suffer in terms of business recruitment with him at the helm. 

“I’m both a woman and a business leader, and Mark Robinson is bad for both,” she said. “He holds no regard for women, whether we carry the title of CEO or sexual assault survivor. In his narrow view, none of us were called to lead or warrant sharing our story.” 

Daggett said as a friend of Stein’s father — civil rights attorney Adam Stein — he had watched the younger Stein grow into a decent person. 

“I’m a longtime Republican,” Daggett said. “I believe in character, honor, decency, respect and care for all people. Mark Robinson does not represent those values.”

While Robinson — like GOP presidential nominee Donald J. Trump — were described as a “fringe” candidate, 

Wilson and Stevens said it is difficult to dismiss candidates such as Robinson and GOP presidential nominee Donald J. Trump as “one-offs,” given the makeup of the current Republican Party. 

“I’m not sure how much longer I can call myself a Republican,” Stevens said. 

Legislative Office: (Clifton Dowell, State Affairs Pro, 9/24/24) The lieutenant governor no longer has offices in the 2100 quadrant of the Legislative Building after being asked to give up the space several weeks ago. Robinson rarely appeared to preside over the Senate this year, but with fewer than 10 potential session days scheduled, the impact will fall mainly on future lieutenant governors. 

The official office of the lieutenant governor is located in the Hawkins-Hartness House on Blount Street, near the Legislative Building. Lauren Horsch, a spokesperson for Senate leader Phil Berger, said the decision resulted from a review of space allocations at the legislative complex.

“As part of the preparations for the next biennium, Senate leadership is evaluating the space allocations in both the Legislative Building and the Legislative Office Building,” she said in a statement. “Since the Lt. Governor has a formal office within walking distance of the legislature, it was determined that his designated space in the Legislative Building could be converted to a meeting space for legislators. The Lt. Governor’s staff was notified weeks ago and did not raise any concerns about the space being repurposed.”

Robinson’s staff moved out of the Legislative Building last week, Horsch said.


For questions or comments, or to pass along story ideas, please write to Clifton Dowell at [email protected] or @StateAffairsNC on X.

Insider for September 20, 2024

“I guess there’s going to be a lot of white horses.”

Republican State Treasurer Dale Folwell, who recalled Lt. Gov. Mark Robinson once saying that God would descend on a white horse to silence Robinson’s critics. (The News & Observer, 9/19/24)

Robinson Campaign

The political day in Raleigh Thursday was dominated by news and speculation surrounding the gubernatorial campaign of Lt. Gov. Mark Robinson, who addressed the issue of a potential withdrawal from the race in a defiant video release on the social media platform X.

Lt. Gov. Mark Robinson hosts an award ceremony honoring law enforcement officers on July 10, 2024. (Credit: Clifton Dowell)

“We are staying in this race. We are in it to win it,” Robinson said in the video, which was released mid-afternoon. “And we know that with your help, we will.”

Robinson tells viewers that they have already seen “half-truths and outright lies” in campaign advertisements attacking him and that now CNN is releasing a story based on what he calls a leak by the campaign of his opponent, Attorney General Josh Stein. 

Robinson dismisses the CNN story as “salacious tabloid trash” and compares himself to U.S. Supreme Court Justice Clarence Thomas, who he said was also the victim of a “high-tech lynching.”

”Let me reassure you the things that you will see in that story, those are not the words of Mark Robinson,” Robinson said. “You know my words, you know my character and you know that I have been completely transparent in this race and before.” 

By 9 p.m., Robinson’s video had garnered more than 3 million views. 

Unknowable at this point, however, is how many views the allegations contained in the CNN story garnered as it appeared on news sites and social media platforms around the country. Many headlines featured the allegation that Robinson had referred to himself on a porn web site as a “Black Nazi.”

Stories early in the day based on anonymous sources said Robinson was getting pressure to withdraw from the race by people associated with the campaign of former President Donald Trump. 

Robinson spokesman Michael Lonergan called that false. “You can quote me directly on this: That is complete fiction.”

CNN Report: (Gary Robertson, The Associated Press, 9/19/24) The CNN report describes a series of racial and sexual comments Robinson posted on the message board of a pornography website more than a decade ago. CNN reported that Robinson, who would be North Carolina’s first Black governor, attacked civil rights leader Martin Luther King Jr. in searing terms and once referred to himself as a “black NAZI.”

CNN also reported that Robinson wrote of being aroused by a memory of “peeping” women in gym showers when he was 14 along with an appreciation of transgender pornography. Robinson at one point referred to himself as a “perv,” according to CNN.

The Associated Press has not independently confirmed that Robinson wrote and posted the messages. CNN said it matched details of the account on the pornographic website forum to other online accounts held by Robinson by comparing usernames, a known email address and his full name.

CNN reported that details discussed by the account holder matched Robinson’s age, length of marriage and other biographical information. It also compared figures of speech that came up frequently in his public Twitter profile that appeared in discussions by the account on the pornographic website.

Trump Campaign: (Gary Robertson, The Associated Press, 9/19/24) Trump’s campaign appears to be distancing itself from Robinson in the wake of the report. In a statement to the AP, Trump campaign spokesperson Karoline Leavitt said the GOP nominee’s campaign “is focused on winning the White House and saving this country,” calling North Carolina “a vital part of that plan.” Leavitt went on to contrast Trump’s economic record with that of Harris, not mentioning Robinson by name or answering questions as to whether he would appear with Trump at a Saturday campaign rally in Wilmington, or had been invited to do so. 

State law says a gubernatorial nominee could withdraw as a candidate no later than the day before the first absentee ballots requested by military and overseas voters are distributed. That begins Friday, so the withdrawal deadline would be late Thursday. State Republican leaders could then pick a replacement.

Republican Response (Dawn Baumgartner Vaughan, The News & Observer, 9/19/24; Gary Robertson, The Associated Press, 9/19/24) A top-ranking North Carolina Republican says the news of the latest scandal involving Republican Lt. Gov. Mark Robinson, who is running for governor, is “not a shock to me.” North Carolina’s Republican State Treasurer Dale Folwell said “it seems like anyone who’s ever come in contact with (Robinson) has been fleeced. And this is just the latest example of the taxpayers and the donors getting fleeced.” Folwell, a longtime elected official who also served in the General Assembly, ran unsuccessfully against Robinson in the Republican gubernatorial primary. “His consultants, who have made hundreds of thousands, if not millions of dollars off him, are laughing all the way to the bank,” Folwell said in an interview Thursday with The News & Observer.

The CNN report is “concerning,” said Rep. Richard Hudson, a North Carolina member of Congress who chairs the National Republican Congressional Committee, in a statement sent by a spokesperson for the NRCC. “The allegations involving Lt. Gov. Robinson in this new report are concerning. I am hoping Mark can reassure North Carolinians that each of these specific allegations are not true,” Hudson said. Similarly, Republican U.S. Sen. Ted Budd said in a statement through a spokesperson: “The comments reported in the article are disgusting. Mark Robinson says they are not from him. He needs to prove that to the voters.” 

The North Carolina Republican Party defended Robinson in a statement on X, saying that despite his denial of CNN’s report, it wouldn’t “stop the Left from trying to demonize him via personal attacks.” The party referred to economic and immigration policies as the predominant election issues North Carolinians will care more about instead.

“The Left needs this election to be a personality contest, not a policy contest because if voters focused on policy, Republicans win on Election Day,” the party said.

Ed Broyhill, a North Carolina member of the Republican National Committee, said he spoke to Robinson Thursday afternoon and still supports him as the nominee. In an interview, Broyhill suggested the online details may have been fabricated.

“It seems like a dirty trick to me,” Broyhill said.

Folwell recalled Robinson saying in a speech “that anybody who criticizes him, God’s going to come down on a white horse and exercise His vengeance.” “I guess there’s going to be a lot of white horses,” Folwell said. As treasurer, Folwell serves on the 10-member Council of State with Robinson and other statewide elected officials.

Folwell said that when it comes to dropping out of the race for governor, the only people who can make that decision are Robinson, former President Donald Trump and Republican National Committee Chair Michael Whatley, who previously led the NC Republican Party, because “they’re the ones that selected him to start with.” Trump has endorsed Robinson, and brought him on stage with him briefly during a campaign rally in Asheboro in August. However, Robinson was not at a rally this week with Sen. JD Vance, Trump’s running mate.

Scott Lassiter, a Republican candidate for state Senate, is calling for Robinson to end his campaign and let another Republican take his place. Lassiter said that “no one should feel obligated to support a candidate solely due to party affiliation,” and called for Robinson to step aside. Robinson said even before the CNN report came out that he will not leave the race, and denies the allegations.

Democratic Response: (Dawn Baumgartner Vaughan, The News & Observer, 9/19/24) Robinson’s opponent in the governor’s race is Attorney General Josh Stein. “North Carolinians already know Mark Robinson is completely unfit to be Governor. Josh remains focused on winning this campaign so that together we can build a safer, stronger North Carolina for everyone,” Stein’s campaign said in a statement. Democratic Gov. Roy Cooper, at an event-naming ceremony for the Lenovo Center, was asked about Robinson ahead of the CNN story publishing. “So there is something special that has happened? I think every day could be a reason for him to have dropped out of the race. You know, he’s the wrong choice for North Carolina,” Cooper told reporters. 

Attorney General and Democratic nominee for Governor Josh Stein meets with Republicans who say they will support him in November. (Credit: Clifton Dowell)

Democratic U.S. Rep. Jeff Jackson, who is running for attorney general against Republican U.S. Rep. Dan Bishop, sent out a news release about the CNN story with photos of Bishop and Robinson together, asking if Bishop regrets his endorsement of Robinson. “Is he still “proud” to give Robinson his support? … Or are Robinson’s comments on Nazis and slavery a bridge too far, even after all the other controversy?” Jackson wrote. Other Democrats were already sending out fundraising emails off the Robinson news, including Democratic state House candidate Nicole Sidman, who is running against Republican N.C. Rep. Tricia Cotham. 

Democratic Governors Association spokesperson Izzi Levy called it “just the latest proof that Mark Robinson is unhinged, dangerous, and completely unfit to be governor.” Avi Bajpai and Chip Alexander contributed to this story. 

Republicans for Stein: (Clifton Dowell, State Affairs Pro, 9/24/24) Calling GOP candidate Mark Robinson a fringe candidate who would be bad for North Carolina, a group of Republicans on Thursday announced their support for Democrat Josh Stein to be the next governor.

Introduced at a news conference organized by the Stein campaign, the group — termed “Republicans for Stein” — included former North Carolina state Sen. Richard Stevens, Winston-Salem attorney David Daggett, and consultant and businesswoman Parker Wilson. 

In a news release, the campaign said more than 50 North Carolinians had signed on so far, including former state Sen. Jim Davis and former state Reps. Chuck Neely, Charles “Chuck” McGrady, David Guice and Will Neumann.

A spokesman for the Robinson campaign declined to comment on the news conference.

Parker Wilson, a consultant and longtime Republican, said she supports Democrat Josh Stein in November’s election for governor. (Credit: Clifton Dowell)

Wilson said that Robinson’s views on women were objectionable and that the state would suffer in terms of business recruitment with him at the helm. 

“I’m both a woman and a business leader, and Mark Robinson is bad for both,” she said. “He holds no regard for women, whether we carry the title of CEO or sexual assault survivor. In his narrow view, none of us were called to lead or warrant sharing our story.” 

Daggett said as a friend of Stein’s father — civil rights attorney Adam Stein — he had watched the younger Stein grow into a decent person. 

“I’m a longtime Republican,” Daggett said. “I believe in character, honor, decency, respect and care for all people. Mark Robinson does not represent those values.”

While Robinson — like GOP presidential nominee Donald J. Trump — were described as a “fringe” candidate, 

Wilson and Stevens said it is difficult to dismiss candidates such as Robinson and GOP presidential nominee Donald J. Trump as “one-offs,” given the makeup of the current Republican Party. 

“I’m not sure how much longer I can call myself a Republican,” Stevens said. 

Legislative Office: (Clifton Dowell, State Affairs Pro, 9/24/24) The lieutenant governor no longer has offices in the 2100 quadrant of the Legislative Building after being asked to give up the space several weeks ago. Robinson rarely appeared to preside over the Senate this year, but with fewer than 10 potential session days scheduled, the impact will fall mainly on future lieutenant governors. 

The official office of the lieutenant governor is located in the Hawkins-Hartness House on Blount Street, near the Legislative Building. Lauren Horsch, a spokesperson for Senate leader Phil Berger, said the decision resulted from a review of space allocations at the legislative complex.

“As part of the preparations for the next biennium, Senate leadership is evaluating the space allocations in both the Legislative Building and the Legislative Office Building,” she said in a statement. “Since the Lt. Governor has a formal office within walking distance of the legislature, it was determined that his designated space in the Legislative Building could be converted to a meeting space for legislators. The Lt. Governor’s staff was notified weeks ago and did not raise any concerns about the space being repurposed.”

Robinson’s staff moved out of the Legislative Building last week, Horsch said.


Insider Event

State Affairs Pro, 9/20/24

The panel is set for our Insider subscriber event on Wednesday, Oct. 9. The discussion will feature Senate Majority Leader Paul Newton and House Deputy Democratic Leader Cynthia Ball and be moderated by Colin Campbell, Capitol Bureau Chief for WUNC. Please plan to be our guest 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. A registration link will be sent to subscribers Friday afternoon. 


Digital Instants

Matthew Sasser, State Affairs, 9/19/24

Sales of Digital Instants, instant-win games played exclusively on the North Carolina Education Lottery website or mobile app, continue to exceed anticipated targets. 

More than 248,000 users have played since Digital Instants’ launch in November. Since then, the games have generated just over $200 million in gross general revenue, exceeding targets by 9%. In July and August alone, more than $400 million in sales for Digital Instants was reported, generating a little over $50 million in gross general revenue. 

“We assume that we’re still in growth mode with these Digital Instants only nine and a half months in,” said Randy Spielman, the North Carolina Education Lottery’s deputy executive director of product development and digital gaming, Wednesday during a meeting of the commission.  

The roll-out of upcoming games with progressive jackpots and Halloween and winter holiday-themed games are expected to fuel more growth. In early 2025, potentially January, North Carolina’s first multistate progressive jackpot will be introduced. 

“What that allows us to do is generate some progressive jackpots a little bigger than what we can do just by ourselves,” Spielman said. 

A display ticket on the North Carolina Education Lottery homepage shows real-time winners for Digital Instants games. Clicking on each game also shows winners that other players can view. Spielman said click-through data for the ticket display should be available in December. 

Members of the North Carolina Education Lottery voted to approve a contract with Scientific Games Licensing for the sale of a Monopoly-branded digital game and a scratch-off game. The net gaming revenue for the digital game is expected to generate $1.2 million in revenue a week. 

The Carolina Panthers, Carolina Hurricanes, Charlotte Hornets, Charlotte Checkers, Fayetteville Marksmen and Greensboro Swarm are North Carolina Education Lottery sponsors for the 2024-25 season. Twelve universities have sponsorships for the 2024 football season.


Cellphone Policy 

Laura Browne, EdNC, 9/18/24

Educators, elected officials, and other stakeholders gathered in Raleigh last week to discuss diverse viewpoints regarding the use of cellphones in schools. 

The convening, hosted by the Friday Institute for Educational Innovation on Sept. 12, focused on making policies to regulate phone use rather than a total ban. 

“When we ban things, we create groups,” said state Superintendent Catherine Truitt. “We create groups who are in favor and those who oppose, and then we often attach some sort of morality to that… This is why bans are so problematic. This needs to not be about banning cellphones. It needs to be about creating policies that are right for students and their families and teachers, so that our students can thrive.”

According to the Pew Research Center, about one-third of K-12 teachers in public schools consider distractions from cellphones a major problem in the classroom, with another 20% calling it a minor problem. Nearly three-fourths of high school teachers (72%) say cellphone use is a major problem, according to the data.

Though phones are often seen as distracting, many parents and guardians want their students to be able to have phones in schools, primarily to reach them in an emergency situation

Lauren Gendill, policy analyst with the National Conference of State Legislatures, said at least 22 states have proposed legislation related to cellphone use in schools, and eight states have enacted such legislation since 2023. North Carolina is not one of them — though a bipartisan bill was filed in May that would require a study be done on cellphone policies in school districts. 

Cultural anthropologist Mimi Ito said cellphone bans can also lead to inequity, as bans are often unequally carried out, with bans being applied more rigorously in lower-income public schools. 

This means that wealthier students, who may already have greater access to technology, are more likely to have a better understanding of how to effectively engage with their devices than their lower-income peers, Ito said.

“There’s a tendency for the rich to get richer in terms of the deployment of technology,” Ito said.

Granville County Schools Superintendent Stan Winborne said his district’s board of education approved a policy last summer requiring cellphones to be “off and away” completely for grades K-8, and prohibiting cellphone use in the classroom for high schoolers. The policy is strictly enforced, and Winborne said it has been a “huge success” for the district. 

“We saw our discipline rates drop by more than 10%, our suspensions fell by more than 17%, our academic indicators have improved,” Winborne said. “I can’t draw (a) cause and effect relationship there, of course, but generally speaking, it’s been fantastic, and our teachers are really happy about it.”

In Chatham County Schools, school leaders are working to prevent problems associated with phone use in the classroom while also allowing students to maintain possession of their own devices, which are often expensive. 

“What I promised our teachers is that I wanted to give them back their classrooms,” said Superintendent Tony Jackson. 

This school year, Chatham County Schools launched a pilot program at some of its schools to mandate the use of Yondr Pouches, which are given to each student. The pouches secure mobile devices through a magnetic lock. [Source]


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Wilmington Rally

Molly Wilhelm, Wilmington Star-News, 9/19/24

Donald Trump, former President and 2024 Republican presidential candidate, is expected to arrive in Wilmington on Saturday, just five months after Trump missed his scheduled visit to the Port City after severe weather.

The rally will be held on the grounds of the Wilmington International Airport at the Aero Center, located at 1830 Flightline Road, Wilmington. On Saturday, doors at the Aero Center are expected to open at 10 a.m., with the event expected to begin at 2 p.m., according to the event webpage.

Lt. Jerry Brewer confirmed that the New Hanover County Sheriff’s Office is coordinating with federal agencies to provide security for the rally. Representatives with the Wilmington Aero Center did not comment on expected security measures on site, citing only that the space has been rented for the rally. [Source]


Lenovo Sign 

Glynnis Wiggins & Keaton Eberly, WNCN News, 9/24/24

The Raleigh Centennial Authority, Carolina Hurricanes and North Carolina State University officials unveiled signage for the new Lenovo Center on Thursday afternoon. Alongside Governor Roy Cooper, Lenovo executives and employees also took part in the celebratory ceremony to showcase the venue’s new name.

This celebration comes after Lenovo’s new, elevated partnership with the Carolina Hurricanes, which includes the $60 million, 10-year naming rights deal running through the 2033-34 hockey season. Major renovations are also happening, including a $1 billion mixed-use development plan for the Raleigh Sports and Entertainment District set to start building in December 2025.

This also comes a week after the Centennial Authority unanimously agreed to the name change and N.C. State officials also voted in favor of the name change as well. [Source


Shellfish Moratorium 

Morgan Starling, The Daily News, 9/19/24

The Onslow County Board of Commissioners took action Monday evening in support of a request from the Topsail Shoreline Protection Commission to impose a moratorium on new shellfish leases in Onslow and Pender County waters.

The Topsail Shoreline Protection Commission petitioned the board of each of its municipalities and counties to consider passing resolutions in favor of their request. Those resolutions will then be forwarded to the legislature in Raleigh.

A shellfish farm lease, according to NC State Cooperative Extension, allows shellfish growers to grow and harvest shellfish in a particular area of the seafloor.

Shellfish lease moratoriums are already in place in Core Sound, Bogue Sound, and all of New Hanover and Brunswick County waters south of the Wrightsville Beach Causeway Bridge, according to previous The Daily News reporting.

Reasons cited in the request for a moratorium include the increasing density of these shellfish farms, which has an impact on recreational fishing, the use of small vessels, and the beauty of an undisturbed marsh area.

Additionally, because there are moratoriums to the north and south of Onslow and Pender counties, there’s been an increase in business and activity in local waters.

The state is in favor of shellfish leases, and the commission is also in favor of shellfish farming, according to the board of commissioners’ Monday meeting agenda. However, the commission also believes there should be limits on type and density, as well as considerations for disease control, and impact on other businesses’ use of the same waters.

The board unanimously approved the resolution Monday in support of the commission, which Onslow County Manager David Smitherman will now send to the Raleigh delegation. [Source]


Record Volunteers 

Tomeka Sinclair, Laurinburg Exchange, 9/19/24

If you saw an individual or group of people wearing a brightly colored tie-dye t-shirt in Scotland County on Friday, then you may have spotted a fraction of the record 303 volunteers registered to take part in the United Way of Scotland County’s annual Day of Caring.

The number of volunteers represents the most participation ever in the Day of Caring’s several years of running in Scotland County.

“I think the most we’ve had before this was 230-240 so this is amazing,” said Coy Moody, the executive director of the local United Way. Many of this year’s volunteers come from St. Andrews University’s student body. [Source]


Vape Raids

F.T. Norton and Joseph Pierre, The Fayetteville Observer, 9/19/24

A law enforcement operation in Cumberland County targeted at least half a dozen vape shops in the area beginning Tuesday morning and continuing into Tuesday afternoon. “I can confirm search warrants were executed for smoke shops in the Fayetteville area. The investigation is ongoing. There is no additional information to be released at this time,” Fayetteville Police Department spokeswoman Rickelle Harrell said. 

At 5 p.m., at Exotic Smoke Shop, 5439 Yadkin Road, officers with the Fayetteville and Hope Mills police departments and Cumberland County Sheriff’s Office were on scene. At least one person was arrested there and placed into a patrol car. At about the same time, plain-clothed officers, one of whom was wearing a U.S. Drug Enforcement Agency T-shirt marked Cape Fear Task Force, were at Puff & More Vape & Tobacco. 

The DEA referred questions on the raids to the Fayetteville Police Department. The focus of the investigation was not released. [Source]


Walz Visit 

Nick De La Canal, WFAE News, 9/19/24

The wife of Minnesota governor Tim Walz is expected to visit Charlotte on Friday. It’s the latest event planned by the Harris campaign in North Carolina, which polls continue to show as a toss up in the November presidential election. Gwen Walz is expected to meet with campaign volunteers and women voters. A time and location has not been shared. [Source]


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Regents authorize $273.2M funding request for 2026 after warning by top budget official

The Kansas Board of Regents on Wednesday authorized $273.2 million in funding requests for the 2026 budget cycle. But the state’s top budget official issued a not-so-veiled warning — cautioning state agencies against overspending, which also extends to carryover funding from the prior fiscal year.

The board’s Fiscal Affairs and Audit committee forwarded the recommended measure to the full board for approval, but not before Regent Wint Winter expressed several concerns, notably that he was “confused” by dollars allocated for recurring and one-time requests, and how the board arrived at the total. Winter abstained from the vote as the measure passed out of committee. 

The Division of Budget is slated to review the board’s approved proposal. Gov. Laura Kelly will then ultimately decide what requests make her proposed budget for the 2025 legislative session. Regents would also have a small window to appeal any decisions they perceive as adverse to their financial blueprint.

State Affairs obtained a memo distributed to Regents and other state agencies by Adam Proffitt, who serves as the Secretary of Administration and the Director of the Budget. Proffitt’s memo offered a glimpse into how his office would review budgets “so there are no surprises” if new funding requests are rejected. 

The memo stated that the Division of Budget will be “very selective” with its recommendations to Kelly as Proffitt seeks to keep shape the state’s budget by keeping it “as close to flat as possible.” Proffitt’s memo noted that the state’s general fund boasted a strong ending balance for fiscal year 2024, but the financial outlook isn’t as bright moving forward.

“[The] ending balance forecast is projected to diminish significantly over the next four years, even with no new spending in future budget cycles,” Proffitt explained. “I do not say this to be an alarmist, but rather to provide some context behind the request.” 

Proffitt added that he was not asking state agencies to “short your budgets or underfund critical programs,” but to more closely “scrutinize” their funding requests. 

“We must do our best to keep new spending requests to a minimum,” he said.

Concerns broached  

During the Regents’ fiscal sub-committee meeting, Winter asked about the allocation of dollars tied to new projects. Elaine Frisbee, the board’s vice president for finance and administration, provided a detailed breakdown, telling Winter that Proffitt’s office views the entirety of $273.2 million as new appropriations requests. 

Regent Vice Chair Jon Rolph brushed aside Winter’s concerns, telling him that the new money amounted to a fraction of the total budget. The board, according to Rolph, initially received approximately $650 million in new funding requests collectively from the state’s higher institutions, and ultimately trimmed that amount by $377 million. Of the $273.2 million in appropriations requests, $184.1 million is categorized as “recurring” expenditures, $69 million as “short- to mid-term recurring” expenses and $20 million as “one-time” appropriations. Despite the months of work that Rolph indicated was poured into the budget process, Winter repeatedly reiterated that he did not have a firm grasp of the final proposal. 

“The Board of Regents has a statutory obligation to advocate for the best interests of our universities, and I take that very seriously,” Winter said. “And in terms of advocacy — we have to explain [the budget], support it, and go all the way through the legislature with that recommendation.” 

Rolph countered that the board has been asking for “investment” from institutions the past few years, indicating the results are undeniable. “Our strategies are working,” he said. “Our enrollments, generally, are looking pretty good for both two- and four-year schools.”

The Regents calculated universities are slated to receive $1.1 billion in funding without the requests in fiscal year 2026. The board said the requests are an increase of $23 million or 1.7% from what universities received from their fiscal year 2025 requests.

Board Chair Carl Ice indicated that he was unfazed by Winter’s concerns. 

“As we highlighted, we’ve done a comprehensive review,” Ice told State Affairs, adding that the board’s primary objectives were to “prioritize fiscal responsibility, while at the same time advancing our strategic plan.” 

Sizable expenditures?

Some of the board’s notable funding requests — which includes both recurring and one-time expenditures:

  • $90.1 million for the board’s “Focus on Student Affordability” initiative 
  • $50.1 million for the board’s “Research Excellence/One Health initiative — designed to upgrade research capabilities for the state’s three largest public universities
  • $21 million for “Regional growth and development” initiatives 
  • $10 million for continued IT infrastructure/cybersecurity at public universities 
  • $10 million for continued IT infrastructure/cybersecurity at two-year colleges
  • $11.6 million for “continued success” initiatives at two-year colleges 
  • $6.3 million for “continued success” initiatives at public universities
  • $10 million for the planned $120 million expansion of University of Kansas’ architecture and design school 
  • $8.63 million to expand KU’s Medical Center’s medical student loan program
  • $7.5 million for Kansas State University’s Next-Gen Animal/Human Health Initiative 
  • $5 million for K-State’s Advanced Manufacturing Institute  
  • $5 million for expansion of science labs at Washburn University 
  • $5 million to conduct a feasibility for Wichita State University’s School of Dentistry

Emporia State University President Ken Hush told State Affairs that he was OK with the board’s budget proposal, but that trepidation remained related to “downward pressures” faced by higher education institutions. 

“I think we’re going to have to continue to get leaner and more efficient,” he said. “We’ve tried to narrow our focus to the university’s general enterprise — and what makes the most sense and what doesn’t.” 

Hush added that he was concerned by the total dollar figure tied to recurring expenditures. “The need for ongoing requests is nearly 70% of the total ask,” he said. “We need to be able to think about that and explain it well.” 

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

Ballot’s open primary measure baits waters with constitutionality, signature challenge questions for Supreme Court

After the Arizona Supreme Court remanded a signature challenge to “determine whether the exhibits prove any duplicate signatures by clear and convincing evidence,” a trial court judge went beyond the 38,000 invalid signatures and weighed in on the mootness of the challenge given the ballot printing deadline and the constitutionality of an underlying statute. That tees up issues much broader than signatures for the case’s return to the state high court. The lawsuit to see the Make Elections Fair Act off the ballot has already unraveled assumptions about signature challenges after the Arizona Supreme Court overturned Superior Court Judge Frank Moskowitz’ decision to exclude evidence allegedly showing more than 38,000 duplicative signatures and sent the issue back to the trial court after the ballot printing deadline August 23. “That threw a wrench into every election lawyer’s understanding about how these cases were supposed to work and the deadline by which they need to be resolved,” a railbird said. “Every election lawyer assumed that the printing deadline was the deadline to decide these cases.” The signature challenge ran up until this morning, when Moskowitz issued his final ruling. Moskowitz adopted a report and concluded that plaintiffs did prove 37,657 signatures were duplicates by clear and convincing evidence. “This Court’s analysis however does not end there,” Moskowitz wrote. He went on to address the constitutionality of “double counting” invalid signatures, which essentially entails applying a percentage of invalid signatures derived from a random sample being deducted twice. “If ‘double counted,’ then the Committee is short of the constitutional minimum number of valid signatures for the Initiative. If not ‘double counted,’ then the Committee has more than the constitutional minimum number of valid signatures for the Initiative,” Moskowitz wrote. He noted an earlier Arizona Supreme Court case, Mussi v. Katie Hobbs, which did not weigh in on the constitutionality of the statue but found the requirement for it to be rooted in and required by state law. Moskowitz took the opportunity to address the constitutionality now, and deemed “double counting” to be unconstitutional as it would “unreasonably hinder or restrict the Initiative and unreasonably supplant its purpose … (and) undermine the integrity of the initiative process.” In terms of a timeline he further found the case should not have proceeded past the ballot printing deadline and roundly found the measure should stay on the ballot. A railbird said the ruling was “strong on conclusions but light on analysis,” and now hands the state supreme court a much broader case to consider than whether there was evidence of duplicate signatures. “Whatever comes out of the Supreme Court, I don’t know who’s going to win, but I know it won’t be Moskowitz,” a railbird said. Though Moskowitz teed those issues up for appeal, the state supreme court may not take up the issue of constitutionality given resolutions available through a more direct path, like mootness. Chuck Coughlin, treasurer of the Make Elections Fair Committee, said they considered the case done. “I can’t imagine the court taking much time with this because I think it’s perilous to put themselves in the position of being seen as meddlesome with an election matter that’s already on the ballot. It would be beyond the pale for them to suggest other than what Moskowitz has found because it would bring into deep question their fidelity to the constitutional principle that permits people to refer matters to the voters.”

Attorney general’s office passes on whistleblower Medicaid lawsuit

The Indiana attorney general’s office has decided to stay out of a whistleblower lawsuit in which two former state officials claim several hospitals and insurance companies defrauded hundreds of millions of dollars from Indiana’s Medicaid program.

The lawsuit filed in the U.S. District Court for Southern Indiana alleges improper payments were obtained for claims including in-patient treatment when the person was at the hospital for less than 24 hours, medical care after the patient had died and duplicate payments for same treatment.

The lawsuit was filed in 2021 but did not become public until a federal magistrate judge ordered it to be unsealed last month. The Indianapolis Star first reported the lawsuit on Thursday.

An updated 77-page version of the lawsuit filed last month doesn’t specify a total amount of the alleged fraud. The Star reported the lawsuit identified as much as $724 million in suspected fraud while acknowledging the claims data could include duplication.

Attorney General Todd Rokita’s office filed a notice with the federal court earlier this year that it would not take up the case, which can continue without the state’s involvement.

“We looked at this case along with the feds, but in the best interest of taxpayers we declined to intervene and directed our resources elsewhere,” Rokita’s office said in a statement Thursday. “And it has paid off — recovering nearly $87 million in Medicaid fraud since taking office.”

The lawsuit alleges state Medicaid officials disregarded information from state contractor IBM Watson Health that was tasked with identifying questionable claims.

“Starting in late 2017, and bowing to political pressure exerted by the health insurers’ and the hospitals’ lobby, a senior executive at Indiana Medicaid improperly directed the Program Integrity team to significantly curtail its efforts to utilize IBM Watson’s analysis and findings to recoup improper Medicaid overpayments,” the lawsuit said.

The Family and Social Services Administration, which oversees Medicaid, did not respond Thursday to messages from State Affairs seeking comment. 

State Rep. Greg Porter, D-Indianapolis, called the potential fraud “disappointing, frustrating and downright diabolical” as Medicaid officials are making service cutbacks following the disclosure of a nearly $1 billion error in forecasting the program’s expenses.

“I’m outraged that alleged fraud has exacerbated stressful healthcare costs,” Porter said in a statement. “It’s clear the growth of social programs and waivers is not the real issue. We have to stop blaming Hoosiers who need state support.” 

The Star reported that most of the 10 insurance companies and hospitals named as defendants declined to comment or said they were reviewing the lawsuit.

One hospital system named in the suit, Ascension, denied the allegations.

“Ascension cannot comment on ongoing litigation but is committed to vigorously defending the organization and our associates against the untrue allegations in the complaint,” Ascension spokesman Sean Fitzpatrick said in a statement.

The lawsuit was filed by a New York law firm on behalf of James McCullough, who was Indiana Medicaid’s director of program integrity from 2014 to 2017, and James Holden, who was chief deputy and general counsel for the state treasurer’s office for most of the time between 2007 and 2014.

The lawsuit invokes the federal and state False Claims Acts that let private individuals file cases on behalf of the federal and state governments and share in any damages that are recovered.

Holden filed a whistleblower lawsuit in 2020 claiming that then-Treasurer Kelly Mitchell violated state law in awarding contracts worth more than $6 million to firms linked to her political supporters.

A judge found that the awarding of the contracts was appropriate and dismissed the lawsuit in 2022. Holden separately received a $92,500 settlement in a wrongful termination lawsuit over Mitchell firing him in 2014 when she took office.

Tom Davies is a Statehouse reporter for State Affairs Pro Indiana. Reach him at [email protected] or on X at @TomDaviesIND.

Gress reacts to DCS’s lax transition plan for young adults

During Wednesday’s JLAC meeting, committee members discussed a recent audit of the Dept. of Child Safety’s extended foster care success coaching program, which is meant to provide support and guidance to foster youth as they transition into adulthood. The program was budgeted in 2023 and introduced as legislation by Gress, although the budget lawmakers passed in the recent legislative session defunded the program due to the budget deficit. Gress voted against the budget and called it a “fiscal tragedy” when lawmakers voted on the budget. He said Wednesday he hopes the program’s funding can be restored in next year’s budget. The Auditor General’s report of the program determined that DCS didn’t develop federally required transition plans for 11 of 15 youths that auditors reviewed, which Gress said he was frustrated with the “extensive problem” because DCS pushed back against his initial legislation since it included even more robust transition planning. “It was said in committee ‘you’re already doing this and the legislation that I introduced wasn’t necessary. And then the Auditor General finds out some of these significant problems with the transition planning,” Gress said. “That’s frustrating from my perspective and stakeholder perspective.” Chris Gustafson, the chief legislative liaison for DCS, said the department is still evaluating the program in its early stages and is working to address the transition planning for program participants. “No child should leave the Department of Child Safety without a plan for success and the tools that they need to live a successful life,” Gustafson said. He also said the agency’s primary goal is to reunite children with their parents or get adopted before they age out of care. “I think it’s alarming,” Dunn said of the 11 of 15 youths that auditors found didn’t have a transition plan. Gress said he’s determined to help DCS address the issues with the program found by the Auditor General. “I wish that every program that we started had an auditor general’s review at the beginning,” Gress said. “In my view, it helps sets up that program for greater success.” In last year’s budget, DCS received $26.5 million to run the program. Schwiebert agreed with Gress on the importance of auditing the program, while taking a shot at the Empowerment Scholarship Account program, which Democrats have argued is held without “accountability and transparency.” “Any time taxpayer dollars are involved, we should be making sure those programs are accountable and transparent,” Schwiebert said.

Free speech rights behind legislator’s withdrawal of his request to investigate Surprise

Kavanagh said that he has withdrawn his 1487 request for Mayes’ office to investigate the Surprise City Council’s public comment rules — following the council’s vote on Tuesday to remove their ban on complaints — but noted he is keeping an eye on other boards with similar rules. The council unanimously passed a motion to remove the rule that barred public comment,  which levied “charges or complaints against any employee of the city or members of the body.” Stephanie Massie, who was arrested while speaking at a Surprise City Council meeting on August 20, is still facing a third-degree criminal trespass charge. She is suing the city over her arrest, represented by attorneys from the Foundation for Individual Rights and Expression. Though Surprise voted to remove its complaint rule, Kavanagh said he is still concerned about how small boards regulate public comment. The Avondale City Council plans to vote to remove the rule during its next meeting on Monday, Kavanagh said, but did not say whether it was because he had brought it to that city’s attention.

McCormick proposes cannabis reform as Hoosiers cross state lines for legal weed

NEW BUFFALO, Mich. — Where might Hoosiers gather these days for good times? How about a Friday-night high school football game or a Saturday-afternoon matchup at Assembly Hall or Mackey Arena? Church on Sunday morning? A potluck at Grandma’s that afternoon? Bingo at the Moose Lodge? 

>> Related: Indiana marijuana legalization: Will 2025 be the year?

Or this, one of the dozens of cannabis dispensaries just miles (if not yards) away in Michigan, Illinois and, perhaps coming soon to Union City, Ohio.

Drive to Mile Marker 1 on Interstate 74 into Illinois and the first dispensary is just on the right. The parking lots are about 75% filled with Indiana-plated cars. Ditto for New Buffalo, where a half-dozen or so cannabis stores have already sprouted, with more under construction. On a recent weekend, these dispensaries were packed with Hoosiers waiting in lines for service. Driving up toward Michigan on I-69 in Steuben County is to be greeted with dozens of cannabis billboards heralding shops in Coldwater, California, Redding and Hillsdale.

In Niles, Hoosier consumers can drive into a parking lot and receive a paper menu and carhop services delivered right to their window. The Lunkquarium in Edwardsburg has been replaced by Dr. A’s Re-Leaf Center. There are the Dude Abides shops in Constantine and Sturgis. In Illinois, Windy City Cannabis is a short drive from Highland, Indiana, to Highwood, Illinois.

Indiana is a legal-cannabis island, with all surrounding states having legalized weed in some form. Even Kentucky will offer medicinal marijuana beginning in January. Marijuana has been easily attainable for decades on the Hoosier black market. Now Hoosiers are driving to neighboring states to purchase product under quality control that hasn’t been tainted by fentanyl.

In all, some 24 states, three U.S. territories and the District of Columbia have legalized recreational cannabis. Five states — Arkansas, Florida, Nebraska, North Dakota and South Dakota — have cannabis referendums on the November ballot.

But outside of Indianapolis, where prosecutors say they will no longer charge defendants for personal possession, an average of 10,000 Hoosiers annually have faced marijuana trafficking, dealing and possession charges. Thus, there’s a pot prohibition industry of cops, prosecutors, trial lawyers, jailers, probationers and urine testers who all have a straw in the action. Indiana has become a cannabis island because no one organized politically to compete against the prohibitionists.

I’ve attempted for years to find the true cost of marijuana prohibition to taxpayers and the workforce but haven’t had much success. 

Last April, the Drug Enforcement Administration announced a proposal to reschedule cannabis (currently it is listed as a Schedule 1 drug, along with heroin and morphine). A hearing on the matter is scheduled for Dec. 2 in Washington.

In Ball State University’s 2023 Bowen Center Hoosier Survey, 54.2% of respondents selected, “It should be legal for personal use.” In comparison, 32.2% selected, “It should be legal for medicinal use.” Just 9.8% of respondents selected, “It should not be legal.” In an October 2022 Pew Research Center survey, 88% of U.S. adults said the drug should be legal, either for recreational and medical use (59%) or for medical use only (30%).

Earlier this month, Indiana crossed a political threshold when the Democratic nominee for governor, Jennifer McCormick, announced her “Commonsense Cannabis Legalization Plan.”

“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.” 

McCormick would establish an Indiana Cannabis Commission “responsible for overseeing the legal cannabis industry, including regulation, licensing and ensuring compliance with safety standards.”

She would immediately establish a medical marijuana industry. “This step will allow Indiana to address potential challenges and learn from the experiences of other states before moving to full adult use,” McCormick said.

McCormick added that legalizing adult-use cannabis could generate an estimated $172 million annually in tax revenues for Indiana, dollars that currently are headed out of state or off the books on the black market. 

“Indiana is an island of prohibition surrounded by states with legal cannabis industries,” McCormick said. “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.”

Republican gubernatorial nominee Mike Braun appears to be open to dialogue on legalization. 

“It’s inevitable,” he told WSBT-TV in May. “Now it’s reaching our own state. It’s been precipitated now to do something more quickly with what the feds have just decided.”

He told Fox59: “The fact is we are surrounded by four states. It’s going to hit all of us. I’m going to listen to law enforcement. They have to put up with the brunt of it. Medical marijuana, I think, is where the case is best made that maybe something needs to change, but I’ll take my cue from law enforcement there as well.”

As with past controversial issues, the people are well ahead of the politicians. In the 1980s, Republican General Assembly leaders refused to pass lottery referendum legislation lifting a constitutional ban. After the House speaker reelection upset in 1986, the General Assembly approved a lottery referendum for the 1988 election.

It passed with a resounding 62% of the vote.

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

Instant-win games smash North Carolina Education Lottery targets

Sales of Digital Instants, instant-win games played exclusively on the North Carolina Education Lottery website or mobile app, continue to exceed anticipated targets. 

More than 248,000 users have played since Digital Instants’ launch in November. Since then, the games have generated just over $200 million in gross general revenue, exceeding targets by 9%. In July and August alone, more than $400 million in sales for Digital Instants was reported, generating a little over $50 million in gross general revenue. 

“We assume that we’re still in growth mode with these Digital Instants only nine and a half months in,” said Randy Spielman, the North Carolina Education Lottery’s deputy executive director of product development and digital gaming, Wednesday during a meeting of the commission.  

The roll-out of upcoming games with progressive jackpots and Halloween and winter holiday-themed games are expected to fuel more growth. In early 2025, potentially January, North Carolina’s first multistate progressive jackpot will be introduced. 

“What that allows us to do is generate some progressive jackpots a little bigger than what we can do just by ourselves,” Spielman said. 

A display ticket on the North Carolina Education Lottery homepage shows real-time winners for Digital Instants games. Clicking on each game also shows winners that other players can view. Spielman said click-through data for the ticket display should be available in December. 

Members of the North Carolina Education Lottery voted to approve a contract with Scientific Games Licensing for the sale of a Monopoly-branded digital game and a scratch-off game. The net gaming revenue for the digital game is expected to generate $1.2 million in revenue a week. 

The Carolina Panthers, Carolina Hurricanes, Charlotte Hornets, Charlotte Checkers, Fayetteville Marksmen and Greensboro Swarm are North Carolina Education Lottery sponsors for the 2024-25 season. Twelve universities have sponsorships for the 2024 football season.

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 

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