Page 27 – State Affairs

Kansas Daily News Wire September 5, 2024

Posted on September 5, 2024September 5, 2024 by State Affairs

Welcome to the Kansas Daily News Wire, your daily roundup of top state and political stories from newsrooms across Kansas. — Hawver’s Capitol Report/State Affairs

STATE

Budget committee sounds alarm over Docking Building expenditure: Members of the Legislative Budget Committee broached concerns Wednesday over the allocation of at least $17 million for furniture and equipment at the under construction Docking State Office Building. (Resnick, State Affairs)

Judge diverts from plea deal for rural Kansas prosecutor, sentences him to jail time: A rural Kansas prosecutor apologized for his shortcomings and committing misdemeanor crimes before being escorted to jail Wednesday after years of investigation into allegations of more serious misconduct. (Kansas Reflector)

Committee gets peek at new unemployment compensation system: The Unemployment Compensation Modernization and Improvement Council on Wednesday took a first look at a new system that state officials believe will help prevent fraudulent claims. (Richardson, State Affairs)

Kansas Congressional candidates take questions and network with The Kansas Chamber: Candidates running for Kansas congressional seats answered questions on important issues at the Topeka Country Club, Wednesday night. (WIBW)

Secretary of state announces 2024 presidential electors: The Secretary of State’s Office has received the names of the 24 Kansans who will serve as 2024 presidential electors. (Richardson, State Affairs)

LOCAL

‘She walked where only men had’: Johnson County mourns longtime leader Annabeth Surbaugh: Surbaugh, credited with helping shape Johnson County as it is today, died last week at the age of 79. (The Kansas City Star)

Complete Orpheum restoration starts next June, will shutter historic theater for a year: Wichita’s 102-year-old Orpheum Theatre will close starting in June of 2025 so that crews can start on a long-awaited, complete restoration of the aging but beloved downtown venue. (The Wichita Eagle)

Lawrence Memorial Hospital Health to stop accepting certain Medicare insurance in 2025: When the new year begins, Lawrence Memorial Hospital will no longer accept Aetna Medicare Advantage or Humana Medicare Advantage insurance from patients. (The Lawrence Times)

51-year-old inmate dies at Riley County jail: An inmate at the Riley County jail died Monday, according to Riley County Police Department officials. (Manhattan Mercury)

They Said It (09.05.24)

Posted on September 5, 2024September 5, 2024 by David Jacobs

“I get a lot of criticism — governors get criticized for being dictators, for being kings. I’ve tried to allow these issues to percolate through the Legislature.” —Gov. Jeff Landry, on his abortion politics, in Rolling Stone

“The Ten Commandments are the fabric of civilization, and you’re telling me we can’t hang them in school? They don’t have to look at the poster.” —Landry, on the state mandate to hang the Ten Commandments in school, in Rolling Stone

“I think it’s crap from a legal perspective, it’s crap from a religious perspective. It’s just crap.” —Alanah Odoms, executive director for ACLU of Louisiana, on Landry’s “very co-opted version of Christianity,” in Rolling Stone

“It’s one of the rare political events that would be fun to attend even if it weren’t for politics. It is the most-fun political event I am aware of or have had the privilege to attend. It’s like a great party with a rock concert and incredible people combined into one awesome weekend.” —Donald Trump Jr., on Landry’s annual Alligator Hunt fundraiser, in Rolling Stone

“If you know a bear is fixing to come through your door, close it, OK?” —Rene Cross, owner of Cypress Cove Marina in Venice about saltwater intrusion concerns, in The Advocate

“I’m not giving up. I ain’t got nowhere else to go.” —Edward Gallien Jr., a Lake Charles resident whose house was severely damaged by Hurricane Laura, in Grist

“If you had a young tiger — and that’s one of the things I told the governor — you know, you had a young tiger that was trained to handle those situations. But to take a middle-aged tiger that has been captive in a certain way … I think it’d be a struggle.” —Rep. Wayne McMahen, on why LSU is wary of bringing its live tiger mascot to games despite Landry’s request, in The Illuminator

“There was something squatted there, kind of built like a human. It turned and looked at us, had huge red eyes, about the size of the bottom of a coke can, and then it darted off in the woods, but ran off on all fours.” —DeSoto Parish resident (and “Bigfoot hunter”) Jim Lansdale, in The Advocate

Our History: The death of Huey Long

Posted on September 5, 2024September 5, 2024 by David Jacobs

When Gov. Jeff Landry opened this year’s redistricting-focused special session, he jokingly referenced the shooting of one of his predecessors, which happened 89 years ago this week.

“Now I am aware Huey Long was shot over redistricting,” Landry said. “I am hopeful and confident we can dispose of this matter without you disposing of me.”

On Sept. 8, 1935 Long, then a U.S. senator effectively running the state from D.C., was at the State Capitol for a special session that included legislation to gerrymander anti-Long Judge Benjamin Pavy out of his job. According to the generally accepted version of events, Pavy’s son-in-law, Dr. Carl Weiss, approached Huey in a corridor and shot him at close range in the abdomen.

Long’s bodyguards immediately fired on Weiss, hitting him 61 times as Long ran to safety. Weiss was killed instantly, and Long was rushed to Our Lady of the Lake Sanitarium downtown, where emergency surgery failed to stop internal bleeding.

Long died two days later on September 10, eleven days after his 42nd birthday. His last words reportedly were, “God, don’t let me die. I have so much to do.”

But how accurate is the official story? Carl Weiss Jr., who was three months old at the time, argued until his death in 2019 that his father not only didn’t fire the fatal shot, he didn’t even bring a gun to the Capitol.

The most popular counternarrative asserts that the doctor had only punched Long, and the bodyguards overreacted with a hail of bullets that killed Weiss and Long. The guards were said to have then covered up their reckless response by pinning the death on Weiss.

“As a historian I cannot say either way, but deep in my heart I do not believe Carl shot Huey, but instead a stray bodyguard bullet hit him,” Richard D. White Jr., author of “Kingfish: The Reign of Huey P. Long,” told The New York Times. “It just doesn’t add up that he was an assassin. I believe he punched Huey and that the bodyguards went berserk.”

Even if Weiss fired the fatal shot, theories were rampant at the time that he had not acted alone. The man that President Franklin Roosevelt called one of the most dangerous in America had plenty of enemies, and assassination rumors had been rampant.

T. Harry Williams, in his Pulitzer Prize-winning biography “Huey Long,” endorsed the official account. He portrayed Weiss as a sincere and idealistic young man who was willing to martyr himself after agonizing “over the evils that he believed Huey Long was inflicting on his class and his state.”

A State Police investigation concluded in 1992 that “observations made of the photographic and other evidence was supportive of the official version of the shooting. A careful examination of literary sources and historical information provides no credible contradictions.”

Over 200,000 people attended Long’s funeral at the State Capitol, where he is buried beneath a statue that celebrates his achievements.

Editor’s note: Sources of information reviewed for this piece include NOLA, The New York Times, Gambit and this site dedicated to Long.

News You Can Use (09.04.24)

Posted on September 5, 2024September 5, 2024 by David Jacobs

—Governing: How local governments could use Kamala Harris’ housing plan

—Governing: The never-ending impulse to build new towns

—Governing: How local election officials can prepare for the risks of AI

—Campaigns & Elections: Why public affairs professionals need to embrace the AI revolution

—Rolling Stone: Inside Gov. Jeff Landry’s crusade to tear down the wall between church and state

—Bloomberg Tax: ConocoPhillips quietly settles Louisiana profit-shifting lawsuit

—Illuminator: Another top administrator at LDEQ leaves his post

—Illuminator: Gov. Landry asks ethics board to waive $100 fine over late campaign finance report

—The Advocate: Which Baton Rouge mayoral candidates are competitive? A new poll for a debate gives hints.

—The Advocate: Orleans DA Jason Williams set to defend civil rights work at Capitol

—BRProud: Louisiana Department of Wildlife and Fisheries wants to change blacktip, bull shark fishing rules

—Grist: Can the US census keep up with climate-driven displacement?

—PlayUSA: Louisiana regulators crack down on unlicensed online casinos

—Illuminator: Gov. Landry wants LSU to bring its live tiger mascot back to football games

—Business Report: Here’s why Louisiana is positioned to be a carbon capture leader

Field Notes (09.05.24)

Posted on September 5, 2024September 5, 2024 by David Jacobs

— JBE BACKS CLEO: Former Gov. John Bel Edwards has endorsed Senate and Governmental Affairs Chair Cleo Fields in the race to represent Congressional District 6. Fields is one of four Democrats who qualified for the race, along with Republican Elbert Guillory.

— THAT TIME ALREADY?: The Legislature has released the bulletin laying out the deadlines for next year’s regular session. The session is set to start April 14 and end June 12. Since it’s a fiscal session, lawmakers are limited to no more than five bills that aren’t fiscal or local. The general bills must be pre-filed, most by April 4, though for retirement bills the deadline is Feb. 28.

— MYERS NAMED ‘RISING STAR’: Rep. Brach Myers was awarded the Rising Star Award by the Chamber SWLA at the 2024 LegisGator Luncheon for passing health care-related legislation in his first regular session, including a bill to revitalize the state’s Healthcare Employee Reinvestment Opportunity Program, established to meet the employment demands for nursing and allied health professionals.

— ‘SINGING TRUMP’ TO SHILL FOR BILLY: Lt. Gov. Billy Nungesser is hosting a fundraiser dubbed “Make America Laugh Again,” featuring “the singing Trump,” as seen on “America’s Got Talent.” Donations for the Oct. 30 event at the Jefferson Performing Arts Center range from $100 to $2,500. (More info)

— ARCHIVES OPEN HOUSE: The Louisiana State Archives will hold an open house Oct. 9 at 10 a.m. and 2 p.m. Reservations are not necessary, but groups of 10 or more are asked to call Ashley D. Simmons at (225) 922-1000.

LaPolitics Q&A: Billy Nungesser

Posted on September 5, 2024September 5, 2024 by David Jacobs

LaPolitics: Is Louisiana tourism fully recovered from the pandemic?

Lt. Gov. Billy Nungesser: Prior to the pandemic, Louisiana enjoyed record breaking visitation five years in a row, topping out in 2019 with over 53 million visitors coming to our state. In 2023, 43 million domestic and international visitors came to Louisiana. This included a nearly 17 percent increase in international visitors. International visitation was not predicted to fully recover until 2025 according to the U.S. Travel Association, so this significant increase is an encouraging statistic for Louisiana.

Where do you see the potential for tourism growth?

We’re reaching into new international emerging markets such as Spain, Italy and India. Through a federal grant, Louisiana now has in-market representation in these three countries. We’re particularly excited about the potential in the Indian market, where there is a huge enthusiasm for travel and unique, experiential and authentic destinations like Louisiana. We’ll be visiting India this fall with some of our local partners to further promote the state.

How will your office take full advantage of the opportunities that hosting the Super Bowl provides?

There’s a great opportunity to encourage visitors to the state to not only explore New Orleans but stay and see more of the state by driving just an hour or two to visit the Northshore, Baton Rouge or Lafayette. Even more so, we have an opportunity to put Louisiana front and center with the media. This is also a great chance to shine a light on sports tourism in Louisiana. Our office is focused on attracting sporting events from little league tournaments to Olympic trials to our state.

You have said the Super Bowl could give a “black eye” to the state if New Orleans isn’t “cleaned up.” Do you feel that your concerns are being addressed?

I’ve said for a long time that the minute we knew the Super Bowl was coming to New Orleans, that we should have started preparing right away. We have taken on many of the problems like cleanliness, street and sidewalk repairs, and homelessness, but with just over five months left, we are a long way from finished. I’m just afraid that we waited too long to get things done.

LED Secretary Susan Bourgeois recently said that the fun aspects of Louisiana culture that tourism officials promote can undermine LED’s message of Louisiana as a serious place to do business. Do you think there are ways the two departments’ messages could be more aligned?

While the celebratory nature of Louisiana is certainly part of our message, we work hard to make sure visitors know that Louisiana is for everyone. Tourism promotion helps to instill a sense of community pride in residents, which can also play a hand in attracting top workforce and talent to the state. This spring we joined with the entertainment division of LED to promote film in Louisiana. I will work with Secretary Bourgeois and Gov. Landry in any way that I can to ensure that our messages do not conflict.

You flirted with a run for governor last year. Will you consider running for the office in the future?

I only want what’s best for our people, but I have to be clear, I will not run against our governor. Any other gubernatorial election is too far off to think about.

This Q&A has been edited for length and style.

Our post-Labor Day political race analysis

Posted on September 5, 2024September 5, 2024 by Brian A. Howey

INDIANAPOLIS — That flopping sound you may have heard over Labor Day weekend probably wasn’t a fish in the bottom of your bass boat. It was Donald Trump’s kaleidoscopic meanderings on the abortion issue.

That sound of a flight taking off? That would be the Kamala Harris campaign’s new trajectory after a spate of post-convention polls show her trend lines improving, even if she didn’t get that Democratic National Convention “bump.”

The cha-ching you may have heard is more big donation cash spilling into Republican Mike Braun’s gubernatorial campaign. He had a $227,910 to $10,000 advantage over Democrat Jennifer McCormick in large donations reported to the Indiana Election Division in the last two weeks of August.

And that rush of hot air off Lake Michigan? That was the Randy Niemeyer campaign plaintively protesting U.S. Rep. Frank Mrvan’s stance on not debating in the state’s sole competitive congressional race. Niemeyer is attempting to do what no Hoosier congressional candidate has done since 2010: knock off an incumbent from the other party.

These are the emerging story lines as we crossed the Labor Day campaign threshold. Only 61 days remain before the Nov. 5 election in what has been a sensationally twisting and churning political environment.

Here is our take on the political dynamics in play.

Trump and abortion

Trump grappled with the question of whether he will vote for Florida’s abortion referendum. He argued that the Sunshine State’s six-week ban on abortion was too strict and claimed on social media his administration would be “great for women and their reproductive rights.” He later said he would vote no on a referendum that would overturn the Florida law and protect abortion access. And Trump vowed to have the federal government cover the cost of in vitro fertilization treatments if he is elected.

“This has killed the enthusiasm of Trump’s own base,” anti-abortion activist Lila Rose posted on X.

According to Taegan Goddard’s Political Wire, Trump “appeared to change his mind at least three times over the weekend on how he would vote for a referendum in Florida on abortion rights. His flip-flopping shows again how the GOP wildly miscalculated the popularity of abortion rights. Voters already don’t trust Trump on abortion rights. His only hope at this point is to change the subject, not try to find the ‘right’ position.”

Goddard reported there’s been a dramatic surge of women registering to vote since Harris became the Democratic nominee. That could amplify the “Dobbs effect” we’ve seen in elections since the Supreme Court repealed Roe v. Wade.

According to new CNN polls conducted by SSRS in the seven battleground states published Wednesday, Harris holds an advantage over Trump among likely voters in Wisconsin and Michigan while Trump has the edge in Arizona. The two split likely voters almost evenly in Georgia, Nevada and Pennsylvania.

“Harris’ emergence as the Democratic Party’s presidential nominee … has altered some dynamics in the race but left others intact,” CNN reported. “Economic issues, which posed a notable weak point for Biden, remain the topic most often chosen by voters when asked what matters to their choice for president. Harris now trails Trump on trust to handle the economy by relatively smaller margins than Biden did; across the current polls, Trump is more trusted than Harris on the economy by 8 points on average. …

“Across each of them, an average of 15% of likely voters say they have not yet firmly decided their choice, suggesting a sizable share of voters could shift their views.”

Former Vice President Mike Pence told Fox News earlier this week: “During my presidential campaign I made it clear there were profound differences, like his starting to shy away from his commitment to the sanctity of human life. Donald Trump is articulating an agenda that is at odds with the conservative agenda that we governed on during our four years.

“I cannot in good conscience endorse Donald Trump in this campaign,” Pence concluded. “Republican primary voters have made it clear who they are for in this election. What I’m going to spend time doing is saying what we should be for and that is the broad, mainstream conservative agenda that’s defined our party.”

Asked who he would vote for in November, Pence said, “Like most Americans, I’m going to keep my vote to myself.”

Presidential campaign

Here are elements to watch:

According to the FiveThirtyEight polling composite, Harris leads Trump 47.1% to 43.9% in national polls. According to RealClearPolitics, Harris leads Trump in the polling composite 48.1% to 46.2%.

In the RealClearPolitics battleground state composites, Trump leads in Arizona and North Carolina, and the two are tied in Pennsylvania. Harris leads in Nevada, Wisconsin, Michigan and Georgia. All these composites are within the margin of error.

1. Can Harris sustain the momentum streak she’s been on since President Joe Biden ended his reelection bid July 21? In addition to vowing to politically prosecute her case against Trump, she has been accentuating her support of abortion rights. She has turned the 78-year-old Trump’s age into an asset. The Harris campaign says she is still the “underdog.”

2. Will next Tuesday’s prime-time debate be a turning point? The June 27 Biden-Trump debate became a dramatic game changer. Republican pollster Frank Luntz believes Trump can win this debate by echoing the 1980 Ronald Reagan debate question, “Are you better off than you were four years ago?” Harris has focused on the economy, tacking to the center.

3. Can Trump tie Harris to the Biden administration? The last time a Democratic nominee didn’t go through the primary process in 1968, Hubert Humphrey lost because he could not escape the legacy of President Lyndon B. Johnson’s administration. Trump will seek to tie Harris to Biden, though his approval ratings have improved recently.

4. Finally, former GOP strategist Stuart Stevens has likened the Trump campaign to a paper bag filled with water. “Trump lost by 7 million votes [in 2020],” Stevens told MSNBC’s Ali Vitali. “He needs new customers. What is he doing to attract new customers? Even when it was versus Biden after that bad debate, he still had trouble moving north of 47%. I think the more likely scenario is that this race is gonna be close until maybe Oct. 20, 25, and then I just think the bottom is gonna start to drop out for Trump because he’s not acquiring new voters. This is what happened to Carter in ’80, and I think there’s a lot of similarities here.”

Indiana gubernatorial race

Braun will begin a $500,000 statewide TV ad buy today, running for the next 10 days. It is his first general election campaign ad.

McCormick posted a TV ad on X asking supporters to help fund a media buy.

Braun continues to build a money advantage, adding $227,000 in the final two weeks in August in large donations. Labor Day is a traditional rallying point for Democratic nominees, but unions are not playing a significant funding role for this Democrat. McCormick brought in $10,000 from the International Brotherhood of Electrical Workers PAC Voluntary Fund. She is not running TV ads.

Her recent tax plan has generated better reviews than those from Braun and Libertarian nominee Donald Rainwater. Ball State economist and Howey Politics Indiana/State Affairs columnist Michael J. Hicks believes McCormick presented a more credible plan.

“They propose cutting property taxes by roughly the same amount as the Braun/Beckwith plan, but doing so in a way that doesn’t shift tax liability to farmers, renters or businesses,” Hicks said. “They also ensured that local governments — schools, libraries, police and fire departments, and parks — would not face deep revenue losses.”

Democratic sources tell Howey Politics Indiana/State Affairs that recent polling shows McCormick outperforming some party legislative nominees. But the campaign and Indiana Democrats are holding any internal polling close to their vests.

Later today, McCormick will hold a virtual news conference to release the McCormick-Goodin Commonsense Ethics Plan.

“Hoosiers deserve a transparent, ethical government above reproach,” McCormick said in a statement. “It is time we restore the confidence, faith, and trust between Hoosiers and the people elected to serve them.”

Here are recent large donations:

McCormick (D): IBEW PAC Voluntary Fund, $10,000 (Aug. 29).

Terry Goodin (D): No large donations reported.

Braun (R): Clinton Smith, $10,410 (Aug. 29); Doug Rose, $22,500 (Aug. 28); Michael Wells, $10,000 (Aug. 27); Andrew Held, $10,000 (Aug. 27); Indiana Multi-Family Housing PAC, $50,000 (Aug. 26); Trucking Industry PAC, $10,000 (Aug. 26); Business Advocacy Committee, $25,000 (Aug. 26); Geenex Solar LLC, $10,000 (Aug. 26); Bryan T. Barrett, $10,000 (Aug. 26); Northern Indiana Operators Joint Labor-Management PAC, $30,000 (Aug. 26); Eric Doden, $10,000 (Aug. 20); R. Bruce Dye, $10,000 (Aug. 20); Sweitzer Family Office LLC, $15,000 (Aug. 20); Billy Bean, $15,000 (Aug. 20); Thomas W. Kelley, $10,000 (Aug. 20).

Micah Beckwith (R): Brian Furrer, $10,000 (Aug. 25).

Rokita has huge money lead

Democratic attorney general nominee Destiny Wells has raised $150,592 on top of the $55,295 she had on hand at the beginning of the year. She had a June 30 ending balance of $97,960. Her last large donation of $10,000 was posted July 23.

Attorney General Todd Rokita began the year with $1.081 million, has raised $483,624 and had a June 30 ending balance of $1.31 million; he’s since added $500,000 in large donations. On Aug. 22, the Republican Attorneys General Association Action Fund gave him $250,000. On Aug. 15, W. Mark Lanier of Houston contributed $100,000 and Robert L. Salim of Louisiana contributed $50,000.

Rokita remains a prohibitive favorite for reelection.

U.S. Senate red wall

U.S. Rep. Jim Banks has $5.55 million in total receipts and $3.17 million cash on hand. Democratic nominee Valerie McCray has raised $61,506, which trails former candidates Keith Potts ($99,485) and Marc Carmichael ($115,161). She had $15,684 cash on hand as of June 30. Rack this one up in the red column.

Congressional drought continues

The last Indiana congressional seat to change parties with an incumbent defeat occurred in 2010 when Republican Todd Young defeated Democratic U.S. Rep. Baron Hill in the 9th Congressional District (Republican Jackie Walorski switched the 2nd CD from blue to red when Rep. Joe Donnelly ran for the Senate in 2012).

This is the longest stretch in Indiana history with the lack of congressional turnover. The gerrymandered maps of 2011 and 2021 have done what Republicans intended, which is to stymie competition and keep incumbents safe.

We’re keeping an eye on the 1st Congressional District, where Lake County Councilman Randy Niemeyer is challenging two-term U.S. Rep. Frank Mrvan, who appears to be resisting debates.

Mrvan posted $2.3 million in total receipts for the cycle and had $1.47 million cash on hand as of June 30. Niemeyer had $645,359 in total receipts and an ending balance of $446,528 on June 30. We believe Rep. Mrvan is in good shape for reelection.

General Assembly updates

Perhaps fewer than 10 Indiana House seats are in serious play as Re- publicans have strong prospects of extending their supermajority hold through a seventh election cycle since capturing it in 2012.

The current 70-30 Republican majority means Democrats need to pick up four seats toward the goal stated by party Chair Mike Schmuhl of

breaking the two-thirds supermajority. Among the House district races considered the tightest are those now held by Republican Reps. Becky Cash and Dave Hall and Demo- cratic Rep. Wendy Dant Chesser (who won a party caucus to replace Rep. Rita Fleming following her resignation in May).

Senate Democrats, meanwhile, are unlikely to cut into the current 40-10 Republican margin in that chamber.

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

GUBERNATORIAL PRIVILEGE: Landry’s executive orders on record pace

Posted on September 5, 2024September 5, 2024 by Jeremy Alford

Gov. Jeff Landry has issued 138 executive orders during his first eight months in office, which is the highest single-year tally of any governor dating back to at least 1975, when our current Constitution took effect.

That’s quite a feat for an Executive Branch leader, especially when you consider Landry still has another four months remaining in his own inaugural year.

In a relatively short period of time, Landry’s use of executive orders has become a developing case study of how a governor can use that authority to not only shrink the footprint of state government, but also address the politics of the day and his political enemies of the moment — all without legislative interference.

“He’s a governor who wants to appear to be in charge of everything that matters to him,” said Terry Ryder, who served as executive counsel to three other former Louisiana governors. “Whether he has authority to do that is another question.”

Despite the important role of executive orders in Louisiana government, our current Constitution provides no direct guidance on how or when they should be issued. Instead, such language can be found in a guiding state statute that provides the governor with the ability “to see that the laws are faithfully executed.”

Another statute speaks to the power to respond to emergencies or disasters with orders, proclamations and rules. That specific provision details sweeping powers, including suspending statutes, commandeering private property and other precautions, as we all no doubt remember from the COVID-19 era.

Legislators have likewise included executive order privileges in various other statutes over the years, according to Ryder, but they have never publicly been asked to insert this specific function of gubernatorial power into the Constitution.

Landry’s drive to centralize control over state government from his desk brings to mind the unitary executive theory, which is a legal thesis that suggests the president has unquestionable authority to create new laws, interfere with agency rule-making, manage the flow of critical information, reshape government employee pools and much more. The theory rests largely on one sentence from Article II of the U.S. Constitution: “The executive Power shall be vested in a President of the United States of America.”

There’s no such legal theory that can be applied to governors like Landry, although the Louisiana Constitution does — in language just as brief and just as open to broad interpretation — grant the governor “executive authority” and states the following: “The governor shall be the chief executive officer of the state.”

If there’s a jurisprudential disagreement to be had in Louisiana about Landry’s heightened use of executive orders, it would have to be decided by the courts, which have played host to other executive order challenges in recent years.

We shouldn’t be too surprised that Landry is stretching his executive wings. Governors often use their inaugural year to set up their agendas and define their visions, said Steven Procopio, president of the Public Affairs Research Council of Louisiana.

But even by that standard, the sheer number of Landry’s orders is out of the ordinary. Landry’s present total of 138 is almost twice as many as the 75 orders Gov. John Bel Edwards issued in his first year on the Capitol’s Fourth Floor. (And, again, Landry still has another four months to go to complete his first year.)

Going further back, the first-year executive order totals for Govs. Bobby Jindal, Kathleen Blanco and Mike Foster were 114, 66 and 79, respectively.

Once he was elected and took his oath, Landry wasted little time trying to catch up.

The day after he sworn into office, on Jan. 8, Landry issued his first executive order to disband a high school graduation appeals process that had only been on the books for a couple of weeks. The move angered some education professionals, but it was an opening salvo of what to expect from Landry in terms of government oversight and rule-making.

Landry was already on his his fifth executive order by the following week. That order sought to identify the “adverse effects of illegal immigration” because the “Biden Administration… has failed to prevent the illicit entry of aliens.” It was another kind of opening salvo, only in political terms.

By the time Landry made it to February, he had also signed a set of executive orders directing state departments and agencies to search for significant savings, possible mergers and programmatic efficiencies. Major operational changes connected to these orders are already underway at Louisiana Economic Development and the Natural Resources Department, to name a few, and there are more coming at bigger outfits like the health and transportation departments.

Asked about the larger strategy at hand and the volume of orders, Kate Kelly, Landry’s communications director, argued the number may appear hefty due to a number of factors. She said the governor, like Jindal and Blanco before him, declares emergencies by executive order, whereas Edwards used proclamations.

To that end, 73 of Landry’s orders, or more than half, are emergency declarations, Kelly said. Most of the others are simply extensions of emergencies Edwards declared, she added, which the law requires to be renewed every 30 days.

About 30 of Landry’s orders reestablished boards or commissions necessary for federal funding or continued government operations, which are typically reissued at the start of a new administration, she said. Nine have ordered flags to half-staff and another 11 have addressed bond allocations. So, using the administration’s math, around 123 of Landry’s orders are arguably mundane or routine.

Those adjectives, however, weren’t used much last week when Landry made national headlines with his latest executive order to prevent the teaching of critical race theory in Louisiana public schools. A request to interview Angelique Freel, Landry’s executive counsel, about what the order actually does was not granted to LaPolitics for this story.

*Illegal immigration has been a focus of executive orders by Gov. Jeff Landry, pictured above visiting the Texas-Mexico border in May.*

As the order notes, this year’s Act 326 already bans “teaching the child that he or she is currently or destined to be oppressed or to be an oppressor based on the child’s race or national origin.” Plus, Education Superintendent Cade Brumley already is working “to prevent inherently divisive concepts, like CRT, from infiltrating Louisiana’s K-12 public education system,” according to Landry’s latest executive order.

Much like his first executive order, Landry is trying to establish policies for the public education system without input from the Legislature or the Board of Elementary and Secondary Education. Ryder, for his part, said he has his doubts about whether the CRT order would hold up in court, if it comes to that.

Pearson Cross, a political science professor who directs the School of Behavioral and Social Sciences at UL-Monroe, has taken the stance that critical race theory isn’t taught in K-12 schools. Therefore, he said, banning something that isn’t happening is a political statement, not a substantive policy.

Still, the order fits snuggly into Gov. Landry’s brand of staunch conservatism and opposition to all things “woke,” so there’s little political downside for him, Cross said.

“It doesn’t have any real-world effect, and hence there’s no real-world opposition,” Cross said. “Nobody’s going to launch a parade to bring back CRT in the schools or something.”

Another politically-charged executive order, likewise issued last week, was drafted to “protect election integrity.” Among other directives, Landry authorized the Office of Motor Vehicles to provide the Office of the Secretary of State with a list of nonpermanent residents or noncitizens who have a Louisiana license or identification card.

Presumably, Landry could have just told OMV officials to march the line. After all, unlike BESE or Brumley, that office is under the governor’s direct authority. The decision to sign certainly gave Landry a chance to officially go after the Biden Administration in an executive order — yet again.

These latest actions serve as a reminder that every now and then executive orders are less about look at that and more about look at me.

“Sometimes a governor might just want to make a big public splash,” said Ryder.

You can view all of Landry’s executive orders that have been filed with the Office of State Register for publication and distribution here.

Robinson campaign touches down in ‘Mayberry’

Posted on September 5, 2024September 5, 2024 by Clifton Dowell

Any conservative politician hoping to evoke a simpler time and place where small-town values prevailed could do worse than Mayberry.

And as Republican gubernatorial candidate Lt. Gov. Mark Robinson worked his way from table to table Wednesday night at a restaurant on Mount Airy’s Andy Griffith Parkway, there were plenty of friendly hugs, laughter and well wishes to go around.

Robinson joked with a woman in a white suit about her handling a plate of ribs with no accidents. He signed “Robinson” T-shirts and took selfie after selfie.

His mood sharpened, however, as he stood in the middle of the restaurant and delivered a tight three-and-a-half minute stump speech praising Republican accomplishments at the Legislature and criticizing his Democratic opponent, Attorney General Josh Stein.

“My opponent likes to talk about what I said on Facebook 10 years ago,” Robinson said. “He likes to lie about the day care center that my wife and I ran, which was a wonderful center, one of the best experiences of our life.”

He criticized Stein’s record back to his time in the General Assembly. “Back when he was in the Legislature, in 2008, him and his buddies were in control of this state. The state was $6 billion in debt to the federal government, furloughing state workers, and teachers didn’t get a raise for six years. … He cannot deny the fact that he was a horrible legislator. He’s been a horrible attorney general, and he will be a terrible governor.”

The stop in Surry County was one of many recent stops. Robinson’s post-Labor Day campaign went into overdrive after more than a week of polling showing Stein with an average edge of about 6 points. On Tuesday, Robinson visited diners and restaurants in towns ranging from the Charlotte suburb of Concord in Cabarrus County to the tiny Montgomery County seat of Troy, population 2,945. Robinson is continuing his tour Thursday, with stops scheduled in Mooresville, Newton, Shelby and Denver.

Campaign spokesman Mike Lonergan said Wednesday that the polling deficit is closing, pointing to recent results on project.fivethirtyeight.com. “We’ve seen just a few credible polls within the last week that show that he’s closing the gap,” he said. “As he continues to barnstorm the state, we’re going to see that trend continue.”

Mount Airy’s Main Street attracts tourists by emphasizing its connection to the popular 1960s TV series “The Andy Griffith Show.” (Credit: Clifton Dowell)

Earlier in the afternoon, shop owners and workers along Mount Airy’s main drag weren’t eager to talk politics. Businesses cater to fans of “The Andy Griffith Show,” which aired from 1960 to 1968 and has been in syndication ever since.

Griffith was born in Mount Airy and believed to have based the fictional town of Mayberry on it.

The town has returned the favor. Mount Airy today boasts Floyd’s Barbershop, the Mayberry Hotel & Gift Shoppe and Opie’s Candy Store.

Mount Airy’s city clerk, Nicki Brame, said she isn’t surprised that partisan discussions were hard to come by on Main Street, which she said draws crowds from all over because of its small-town feel as well as its “Andy Griffith”-themed efforts.

“We don’t care if you’re Democrat, Republican or whatever,” she said. “We just want you to come and enjoy yourself.”

Malinda Riggs, who owns Pilot Mtn. Guns and Ammo, said she and everyone in her community became aware of Robinson soon after his comments against gun regulation to the Greensboro City Council in 2018 went viral. “Everybody in the gun industry was talking about it,” she said.

Malinda Riggs, of Pilot Mtn. Guns and Ammo in Mount Airy, holds up a new addition to her store’s inventory — a rifle printed with a graphical depiction of former President Donald J. Trump pumping his fist after being injured in an assassination attempt July 13 in Butler, Pennsylvania. (Credit: Clifton Dowell)

She said she expects Robinson to do very well in Surry County. “We are truly a Bible Belt county,” she said. “There’s a church on every corner — Republicans tend to follow biblical beliefs. We support Mark Robinson because he is pro-Second Amendment and he is very well grounded in his biblical beliefs and is not afraid to let everybody know it.”

Riggs said she has seen Robinson speak at NRA events. She isn’t bothered by negative reports she has read about his controversial comments or actions. “Everybody is a sinner.”

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 5, 2024

Posted on September 5, 2024September 5, 2024 by NC Insider

YOU DON’T SAY

“We can’t expect our teachers to do the same things over and over again and expect different results.”

State superintendent, Catherine Truitt, on the scores of low-performing schools in testing data. (State Affairs Pro, 9/04/24)

Test Scores
Matthew Sasser, State Affairs Pro, 9/04/24

While North Carolina students made gains in many reported categories and slowly recover to pre-pandemic levels, the state superintendent of public instruction, Catherine Truitt, said student proficiency data was “startling” before the pandemic and remains so in 2024.  “We’re still looking at, especially in our Black and Hispanic communities, proficiency ranks in the eighth grade of 26% in math and 30% in reading,” Truitt said. “The overwhelming majority of Black and Hispanic students are attending a failing school. This is unacceptable.”

Truitt said school performance grades are not always indicative of school quality or student success, but the state board of education needs to be focused on the proficiency levels.  According to data shared by Tammy Howard, senior director for the Office of Accountability and Testing, students in North Carolina have almost reached the same levels of proficiency reported in 2019, the last year of data unaffected by COVID-19.  In third grade math, 97% of students in 2024 met the proficiency level that was reported in 2019. Up to eighth grade math, students are only a few percentage points behind the 2019 data. In science, grade levels three through five reported 91% of students have achieved the 2019 proficiency level.  Truitt said the fact that two designations, state and federal, exist for low-performing schools creates a barrier to school improvement.

The discrepancy creates reporting headaches, the funding doesn’t exist at the state level and available personnel from the federal resources isn’t enough, according to Truitt.  “These are ongoing challenges … [and] if we do not find a way to fix these challenges, we are going to continue to repeat this cycle that we have seen for the last 20 years of our low-income and students of color continuing to receive substandard education despite the fact that teachers are working harder than ever before,” Truitt said.

An 86.9% graduation rate was reported for the 2023-24 school year in North Carolina, a slight increase from previous years. However, that increase didn’t inspire confidence in Truitt.  “I’m also shocked to see these low levels of proficiency with higher graduation rates than ever before,” Truitt said. “What does that say about the students that we’re graduating? We have a diploma integrity problem.” Truitt referenced a study from the Equitable Grading Project released in August that reported increased grade inflation occurring nationwide, especially among minority students.

Truitt said there’s a lot to celebrate from the North Carolina data shared at the meeting, but more work needs to be done.

“We can’t expect our teachers to do the same things over and over again and expect different results,” Truitt said.  State board of education member at large Catty Moore agreed with Truitt that multiple designations of low-performing schools is damaging.  “Multiple agencies to which you are having to respond makes it very difficult, I believe, for our classroom teachers, the boots on the ground, to actually focus on what they have to focus on in the classroom every day,” Moore said. “That’s something that, until we fix, we’re not going to see any changes.” In addition to the board’s goal of a highly qualified and well-compensated teacher in every classroom, Moore said there’s a disconnect between what the board says is needed and how the board is able to implement the demands of their constituents.  “All of those sit in our Legislature with no action,” Moore said of the new school accountability model and additional compensation for teachers.

“The proposals are there; the requests are there. Listening to our stakeholder groups around what those needs are, and there has been no movement. I think that until we figure that out, what it takes to get movement from all levels, and that’s from the Legislature on down to the classroom level. … We can’t hear what we hear from teachers, hear what we hear from principals … and then take no action.” Vice Chairman Alan Duncan agreed with Moore’s assessment, saying she’s “right on point.” Chairman Eric Davis said the conversation around testing is important to continue and should be added to next month’s agenda for further discussion.

Education Data
Matthew Sasser, State Affairs Pro, 9/04/24

The state Board of Education reviewed two reports mandated by the General Assembly at a meeting Wednesday morning. Career and College Ready Graduate introduces college-level math and English courses to high school seniors to help them prepare to attend a North Carolina college without any remediation courses. The program is in its third year of full implementation following funding from the General Assembly in the 2022-23 fiscal year.

The program’s administrator, Erica Shoulders-Royster, said its main goals include eliminating opportunity gaps by 2025 and lowering the number of students taking remedial classes.  Shoulders-Royster shared results from a survey of over 400 students and 200 staffers, showing that flexible scheduling of class times and smaller class sizes have been most successful so far according to respondents.  More than 50% of staff stated grade point average was the main method of determining eligibility for students in the program.

A GPA between 2.2 and 2.79 was the main criterion used to determine a student’s eligibility.  According to the presentation from Shoulders-Royster, more than 50% of Career and College Ready Graduate students are people of color, a greater portion of participants are economically disadvantaged and classes are predominantly male.

The 2023-24 pass rate for math courses in the Career and College Ready Graduate program rose 3% across all three tested levels from the previous year. All levels reported a pass rate in the mid-80s.  “Those [improved math scores] remain drastically different from previous … results. We’re still moving in the right direction,” Shoulders-Royster said, adding that consideration for how to make the English classes more effective is in progress.

A much lower pass rate was reported in the 2023-24 English classes. Last year, pass rates of 24% and 18% were reported in English 1 and 2, respectively. Of 5,761 English 1 test attempts, 1,407 students passed.  Shoulders-Royster shared that North Carolina community colleges were the most popular choice for Career and College Ready Graduate students, accounting for 24% of higher education enrollment stemming from the program. She added that 59% of the program’s students do not enroll in a college.

A second presentation addressed the most recent testing data available for students with disabilities.

“Students with disabilities experienced a slight increase in proficiency for grade-level performance,” Carol Ann Hudgens, senior director at the Office of Exceptional Children, said about the 2022-23 school year data. “While this is an improvement post-pandemic and a credit to exceptional educators statewide, the rate of improvement remains a concern.” In 2017, 23% of students with disabilities were reported grade-level proficient. In 2021, that figure declined to 15%. It rose to 18% in 2022 and 19% from the most recent year of data available in 2023.

Revised efforts to include retention in the Exceptional Children office will be a part of an upcoming fall conference where invited educators, speech therapists and audiologists will attend a recruitment fair to network and provide support in filling vacancies. Hudgens said the Exceptional Children mentoring program has been and will continue to be a boost for new teachers.  “It’s designed to work with teachers in the most critical years of retention to strengthen the knowledge and application of EC processes,” she said.  Four other reports to the General Assembly were approved via the consent agenda Wednesday morning. Reports for districts’ remote instruction plans, a fifth grade career awareness program, the impact of a coding and mobile app development grant and a students with disabilities definition of residence list were approved.

SECU Election
David Mildenberg, Business NC, 9/04/24

Voting started Tuesday for the State Employees Credit Union board, with a second year of contested elections and questions about the group’s willingness to answer spontaneous member questions at the October annual meeting. The voting comes as the second-largest U.S. credit union reported a $209 million surplus in the fiscal year ending June 30. CEO Leigh Brady called the performance “strong” though “quite a bit lower than the $567 million” earned in the previous year, according to an Aug. 27 fiscal-year report.

In July, the SECU’s board’s nominating committee recommended four incumbent directors be re-elected. That prompted dissident members to nominate four other candidates.

Voting is allowed through an online portal or a paper absentee ballot through Oct. 1. SECU’s 2.8 million members can also vote at the Oct. 8 annual meeting in Greensboro. The credit union has about $50 billion in assets.

The incumbent candidates are: McKinley Wooten, an assistant secretary of the N.C. Department of Revenue; Bob Brinson, a retired state information technology employee; Mark Fleming, a retired vice president of government relations at Blue Cross Blue Shield of North Carolina; and Stelfanie Williams, a Duke University administrator.

The challengers are former SECU managers Susie Ford of Cary, Julian Hawes of Winston-Salem and Kirby Parrish of Johnston County, and Jean Blaine, the wife of ex-CEO Jim Blaine.

SECU’s lower earnings stemmed largely from its decision to raise rates on money market accounts and certificates of deposits, which has benefited members with about $500 million in added payouts, the group said in response to questions. The change followed declines in assets and deposits, marking a reversal from years of steady growth at the Raleigh-based institution. It remains well-capitalized. SECU also was hit by an increase in the provision for loan losses because of higher charge-offs and a new accounting rule that requires recognition of “estimated expected loss for the entire life of the portfolio,” the credit union said. Previously, the methodology involved one or two years of expected losses.

At last year’s annual meeting, members elected three new directors: Michael Clements, Barbara Perkins and Chuck Stone, while ousting three incumbents favored by the board. The move stunned credit-union officials nationally given SECU’s prominence and historic success.

Should the four unendorsed challengers prevail this year, relative newcomers would hold a majority of the 11-member board. [Source]

Robinson Campaign
Clifton Dowell, State Affairs Pro, 9/04/24

Any conservative politician hoping to evoke a simpler time and place where small-town values prevailed could do worse than Mayberry. And as Republican gubernatorial candidate Lt. Gov. Mark Robinson worked his way from table to table Wednesday night at a restaurant on Mount Airy’s Andy Griffith Parkway, there were plenty of friendly hugs, laughter and well wishes to go around.  Robinson joked with a woman in a white suit about her handling a plate of ribs with no accidents.

He signed “Robinson” T-shirts and took selfie after selfie. His mood sharpened, however, as he stood in the middle of the restaurant and delivered a tight three-and-a-half minute stump speech praising Republican accomplishments at the Legislature and criticizing his Democratic opponent, Attorney General Josh Stein.

“My opponent likes to talk about what I said on Facebook 10 years ago,” Robinson said. “He likes to lie about the day care center that my wife and I ran, which was a wonderful center, one of the best experiences of our life.”

He criticized Stein’s record back to his time in the General Assembly. “Back when he was in the Legislature, in 2008, him and his buddies were in control of this state. The state was $6 billion in debt to the federal government, furloughing state workers, and teachers didn’t get a raise for six years. … He cannot deny the fact that he was a horrible legislator. He’s been a horrible attorney general, and he will be a terrible governor.”

The stop in Surry County was one of many recent stops. Robinson’s post-Labor Day campaign went into overdrive after more than a week of polling showing Stein with an average edge of about 6 points. On Tuesday, Robinson visited diners and restaurants in towns ranging from the Charlotte suburb of Concord in Cabarrus County to the tiny Montgomery County seat of Troy, population 2,945. Robinson is continuing his tour Thursday, with stops scheduled in Mooresville, Newton, Shelby and Denver.

Campaign spokesman Mike Lonergan said Wednesday that the polling deficit is closing, pointing to recent results on project.fivethirtyeight.com. “We’ve seen just a few credible polls within the last week that show that he’s closing the gap,” he said. “As he continues to barnstorm the state, we’re going to see that trend continue.”

Earlier in the afternoon, shop owners and workers along Mount Airy’s main drag weren’t eager to talk politics. Businesses cater to fans of “The Andy Griffith Show,” which aired from 1960 to 1968 and has been in syndication ever since. Griffith was born in Mount Airy and believed to have based the fictional town of Mayberry on it.

The town has returned the favor. Mount Airy today boasts Floyd’s Barbershop, the Mayberry Hotel & Gift Shoppe and Opie’s Candy Store. Mount Airy’s city clerk, Nicki Brame, said she isn’t surprised that partisan discussions were hard to come by on Main Street, which she said draws crowds from all over because of its small-town feel as well as its “Andy Griffith”-themed efforts. “We don’t care if you’re Democrat, Republican or whatever,” she said. “We just want you to come and enjoy yourself.”

Malinda Riggs, who owns Pilot Mtn. Guns and Ammo, said she and everyone in her community became aware of Robinson soon after his comments against gun regulation to the Greensboro City Council in 2018 went viral. “Everybody in the gun industry was talking about it,” she said.  She said she expects Robinson to do very well in Surry County. “We are truly a Bible Belt county,” she said. “There’s a church on every corner — Republicans tend to follow biblical beliefs. We support Mark Robinson because he is pro-Second Amendment and he is very well grounded in his biblical beliefs and is not afraid to let everybody know it.” Riggs said she has seen Robinson speak at several NRA events. She isn’t bothered by negative reports she has read about his controversial comments or actions. “Everybody is a sinner.”

Ballot Lawsuit
Will Doran, WRAL News, 9/04/24

Robert F. Kennedy Jr. will get his day in court to try getting off the ballot in North Carolina — an extraordinary swing in events following the third-party presidential candidate’s other court battle, not even a month ago, to be allowed onto the ballot.

A Wake County judge will hear Kennedy’s arguments for being allowed off the ballot on Thursday. It’s a last-minute hearing with a quick decision needed: Unless the judge rules otherwise, the state will begin shipping out mail-in ballots Friday to voters.

Kennedy spent months fighting to get on the ballot in North Carolina as a candidate of the newly formed We The People Party, even winning a lawsuit in mid-August from the Democratic Party that sought to force him off the ballot. Democratic leaders feared he would harm Vice President Kamala Harris’ chances of winning North Carolina.

But then polling began to show Kennedy’s campaign was actually hurting Republican former President Donald Trump’s numbers more than Harris’ numbers. Kennedy dropped out of the presidential race and endorsed Trump. Days later, he began trying to get his name taken off the ballot in key swing states including North Carolina. But state elections officials had already started printing ballots by the time Kennedy asked to get off the ballot, they said, and so they denied his request as having come in too late.

Kennedy’s lawsuit, which will be heard Thursday, argues that the state had no set deadline for him to miss, and that therefore a judge should force the state not to send out the ballots to voters around the state on Friday — but rather to reprint the millions of ballots, starting from scratch, a process that could take days while also stretching the already-underfunded elections board. The State Board of Elections argued it simply wouldn’t be practical to reprint the ballots without running afoul of laws requiring mail-in ballots to start going out, but Kennedy counters that that’s not his problem.

Elections officials “have no compelling reason to justify forcing Kennedy to stay on the ballot,” the lawsuit says. “To the extent their ‘practicality’ test is grounded in the cost and time needed to print correct ballots, this is an issue of Defendants’ own making.” [Source]

PAC Support
Colin Campbell, WUNC Radio, 9/04/24

Several of North Carolina’s most influential Black political action committees are joining forces to back Democrats running for statewide offices. Political organizing groups run by Black community leaders in Raleigh, Durham, Greensboro, Charlotte and Bladen County held a news conference Wednesday to announce their endorsements. The groups are exclusively endorsing Democrats, including Josh Stein for governor over Republican Mark Robinson, who would be the state’s first Black governor if elected.

“This is the first time that we have ever come together as a united coalition of PACs across the state of North Carolina, but we have the same strategy — that is to get out the vote, to make people know who they are voting for, and to make sure that we have representatives at the polls,” said Melvin “Skip” Alston, who leads Greensboro’s Simkins Memorial PAC. Alston said the groups plan to do door-to-door canvassing, register voters and provide transportation to the polls. The coalition includes the Raleigh Wake Citizens Association, the George C. Simkins, Jr. Memorial PAC of Guilford County, the Durham Committee on the Affairs of Black People, and the Bladen Improvement Association. The Black Political Caucus of Charlotte Mecklenburg is part of the effort but plans to announce its endorsements later.

Asked whether the groups considered backing Robinson given the historic nature of his candidacy, Steve Bowden of the Simkins Memorial PAC said, “We hope that the united front of this PAC shows our Black community where the leadership that they’ve depended on for so many years is on that question. We have obviously endorsed Josh Stein for governor.”

The coalition endorsed all of the Democrats running for Council of State positions as well as Supreme Court, Court of Appeals races and Kamala Harris for president. Stein and many of the statewide candidates spoke during Wednesday’s news conference.

“These candidates have a proven track record of being champions for the African American communities and other minority groups that have been overlooked for far too long,” Alston said. “They are committed to breaking down barriers and removing stumbling blocks that crippled our communities for years.”

Stein thanked the groups for their support. “These organizations that we’ve just heard from have spent decades loving North Carolina, even when that love was not reciprocated,” he said. “They’ve been working to improve the lives of Black North Carolinians and bringing us closer to fulfilling the promise of North Carolina.” [Source]

Cheney Endorsement
Jessica Banov, The News & Observer, 9/04/24

Former Congresswoman Liz Cheney, a Republican, told an audience at Duke University on Wednesday that she is going to vote for Democratic Vice President Kamala Harris for president. Cheney said because she was speaking in Durham — in the swing state of North Carolina — it’s “crucially important” for people to understand the “danger” that former GOP President Donald Trump poses.

“I don’t believe that we have the luxury of writing in candidates’ names, particularly in swing states,” Cheney said, according to video posted on X, formerly Twitter. “And as a conservative, as someone who believes in and cares about the Constitution, I have thought deeply about this,” Cheney said. “And because of the danger that Donald Trump poses, not only am I not voting for Donald Trump, but I will vote for Kamala Harris.” Cheney was at the university for a conversation on “Defending Democracy,” presented by the Sanford School of Public Policy.

Cheney is the daughter of former Vice President Dick Cheney, who served in George W. Bush’s administration. She represented Wyoming in Congress from 2017 to 2023 and was chair of the House Republican Conference from 2019 to 2021. She has been a regular critic of Trump and served as vice chair of the House Select Committee on the January 6 Attack. She ran for reelection but lost in the 2022 primary. [Source]

Water Fight
Billy Chapman, Hickory Daily Record, 9/04/24

The Western Piedmont Council of Governments will get $53,121 from Catawba County to fight Charlotte Water’s request to transfer water from the Catawba River basin to the Rocky River, a tributary of the Yadkin River. Catawba County commissioners approved the council of government’s request for money to pay for legal services, lobbying and public relations.

Catawba County Attorney Jodi Stewart said the council hired attorney Ruth Levy and EQV Strategic, a public policy consulting firm in Raleigh, to lobby for the area’s interests.

The council of governments is asking for funding from counties and cities across the region to pay for the effort. The council’s request has been approved by several local governments, including the town of Valdese, Burke County and McDowell County. Valdese will contribute around $12,000 over two years, Burke County will contribute more than $32,000 over two years and McDowell County will contribute about $26,000.

County Manager Mary Furtado said the amount requested by the Western Piedmont Council of Governments was based on population and the size of each jurisdiction’s water and sewer budget.

In total, the agency is seeking at least $418,000 from area municipalities and county governments to cover costs associated with fighting the interbasin transfer over two years.

Chairman Randy Isenhower asked if the amount requested was just for one year. Furtado responded the total amount requested from Catawba County was for two fiscal years.

Many municipalities and county governments in the area have passed resolutions opposing the transfer of water. The resolutions do not have legal weight but do declare the area’s opposition to Charlotte Water’s request of transferring up to 30 million gallons per day of water from the Catawba River basin to the Rocky River basin.

Charlotte Water currently has an interbasin transfer from 2002 that allows them to transfer up to 33 million gallons per day from areas of the Catawba River that are downstream of Catawba County. If approved, Charlotte Water would be able to remove up to 63 million gallons per day from the Catawba River basin and not return it to the river.

The request from Charlotte will not be decided by the state until at least 2027, according to information from Charlotte Water. [Source]

DEI Policies
Benjamin Schachtman, WHQR News, 9/03/24

If you click on the homepage link for UNC Health’s Equity and Inclusion department, you now get a 404 ‘page not found’ error. That’s apparently because the page — and the department — have been removed, and replaced with the new Community Health and Engagement department.

According to UNC Health employees who shared internal communications with WHQR, UNC Health’s human resources sent notices to department employees last week.

“We are excited to announce that your department will undergo a name change effective September 1, 2024,” the notice read. “This name change reflects the evolution of the department and aligns with our goals and responsibilities.”

The notices did not appear to specifically reference the UNC system or the Board of Governors. However, September 1 is the same date universities in the UNC System were given as a deadline by the Board of Governors to certify in detail how they had dismantled DEI on campus.

UNC Health has acknowledged that it is responding to the Board of Governors’ policy change, effectively removing DEI positions and initiatives from the UNC system, but offered little detail.

At the beginning of August, UNC Health declined an interview request, and issued a brief statement: “UNC Health is following the new policy outlined by the board to ensure our policies align, but our main focus remains on our mission of improving the health and well-being of all North Carolinians. As part of that mission, we are committed to a culture where everyone feels a sense of belonging, including our teammates and patients.”

On Tuesday, a UNC Health spokesperson issued another statement: “UNC Health has formed a new Community Health and Engagement Department to address gaps in health services access and delivery. The aim is to improve access to care and health literacy, particularly in rural and underserved communities.”

WHQR asked the UNC system’s communications team if an interview could be arranged to discuss DEI issues. Without saying “no” directly, a spokesperson instead referenced the upcoming Board of Governors meeting, slated for Wednesday, September 11, when officials will review updates on the DEI removal process, presumably including UNC Health. [Source]

Tariff Concerns
Paul Garber, WFDD Radio, 9/04/24

Former President Donald Trump said if elected in November he’ll expand the tariffs that he imposed during his presidency. North Carolina has a booming economy that’s deeply entwined with global trade. Now many are calling for a careful approach to the international economy.

“We’re going to use tariffs to take advantage of our great strength and to frankly, hurt countries that are hurting us and have been hurting us on trade for many, many years,” he said. That’s a line in his recent appearance in Randolph County. The area is poised for a manufacturing boom with the addition of a Toyota electric vehicle battery plant and other new factories planned nearby. But many in North Carolina, including Republicans, worry about potential downsides.

Tariffs are taxes that governments charge on imports. That can raise prices for shoppers here in the United States. It can also lead to retaliation from other countries, who often slap tariffs of their own on U.S. exports. Even so, the Biden administration has stuck with them, to the surprise of many economists.

Vice President Kamala Harris’ plan on existing tariffs is unclear. But, she says Trump’s plan would raise prices.

Republican Dale Folwell is the state treasurer and previously represented Forsyth County in the legislature. He’s proud that North Carolina has been a top destination for new businesses in recent years, and feels anything that could interfere with that trend should be fully vetted.

“Things like tariffs are not something that should just be bandied around in anyone’s political speech,” he says. “It has to be carefully thought out, because no one ever wins a war, especially a tariff war.”

Someone else calling for a measured approach is Andy Counts. He’s CEO of the American Home Furnishings Alliance in High Point, a trade association for the state’s furniture industry. He says tariffs can help companies that make and sell in the United States. But for those U.S. companies who produce overseas for the American market, the first round of tariffs led many companies to shift production to other Southeast Asian countries. Counts says additional across-the-board tariffs could once again cause a disruption. “It would have a huge impact if Trump were to be elected and take those tariffs into Vietnam and other countries as a result of those supply chains being moved,” he says. [Source]

Fayetteville Agenda
David Mildenberg, Business NC, 9/04/24

The Greater Fayetteville Chamber held its State of the Community luncheon last week, providing an excellent overview of some key initiatives underway in the state’s sixth-biggest city. The region’s economy remains dominated by Fort Liberty, which has nearly 49,000 active duty personnel and 16,200 civilian employees and contractors. The annual military payroll totals $3.1 billion, with a civilian payroll of $900 million. But in the state’s rankings of North Carolina counties, Cumberland is in Tier 1, the most distressed tier, pulled down by a higher unemployment rate than other counties, and a lower per capita property tax base.

That is why Project Aero was such a big deal for Cumberland, the American Titanium announcement in July for an aerospace-grade titanium mill in Fayetteville, bringing 300 jobs paying an average annual wage of more than $123,000. That compares with the county’s median private-sector pay, around $46,000.

To get more Project Aeros, Fayetteville and Cumberland have to build more infrastructure. That was the message at the luncheon from Fayetteville Mayor Mitch Colvin, citing the need to “think forward in all of our decisions.”

Fayetteville missed the chance to get Interstate 95 to come through town years ago. Now. he said, the Carolina Core corridor from the Triad offers another opportunity. “Leadership has to make sure we are connected to the Carolina Core-685 corridor,” said Colvin. That’s up in the air now. It will generally follow the U.S. 421 corridor as it makes its way east from Greensboro, but future I-685 could go a number of ways as it gets closer to its terminus at Interstate 95.

Several neighboring counties have seen faster growth than Cumberland County. In the last 10-year census, Harnett, Hoke and Moore counties had double-digit growth; while Cumberland’s population grew 4.7%. “So how do we fix that? We know that infrastructure will lead the way. You have areas that are primed for development if the infrastructure’s ready.”

One of the most important community initiatives is the partnership between Cape Fear Valley Health and Methodist University to create a medical school on the medical center’s campus. A groundbreaking ceremony is scheduled for next week, and the first class will enter in 2026.

Michael Nagowski, Cape Fear CEO, described “the doctor desert in the region.” Cape Fear has one of the busiest emergency departments in the nation, he said, in part because of the lack of physicians in the region. Per 10,000 population, Cumberland has half the number of physicians, 17.7, as Mecklenburg, 35. People tend to use emergency rooms when they don’t have their own doctors. [Source]

Bryson City Water
Kyle Perrotti, Smoky Mountain News, 9/04/24

It’s been a long time coming, in a sense, but frustrations have finally reached a boiling point as Bryson City raised water rates ahead of what promises to be a few expensive municipal projects. The furor began last month when residents and business owners noticed their water bills had sharply increased — in some cases by over 300%. For some businesses like restaurants, breweries, coffee shops and hotels that use a lot of water and can operate on tight margins, such an increase can create a serious hardship.

The start of the new fiscal year was July 1, which began the new water rates that customers saw on their August bills.

The new billing structure implemented on July 1 increased the base rates while charging an extra $15 per 1,000 gallons for any usage over 2,000 gallons. Other municipalities in the region are quite a bit cheaper and set their rates based on meter size.

For example, in Maggie Valley, depending on that meter size, customers pay $50 for 15,000 gallons, $75 for 20,000 gallons, $100 for 25,000 gallons or $150 for 35,000 gallons. Additional usage is $7 per 1,000 gallons. Similarly, for the Town of Highlands, the first 5,000 gallons are included in the base rate and additional usage is $7.50 per extra 1,000 gallons. Larger municipalities like Asheville and Charlotte charge even lower rates.

Bryson City’s new rates are based on a recommendation from the UNC School of Government that aimed to simplify the fee structure. Previously, the town’s usage charges were separate for inside and outside town limits (a fairly common practice also adopted by the likes of Highlands).

Inside, the usage rate started at $3.02 for up to 5,000 gallons for water and $3.37 for sewer. Outside, the usage rate started at $5.91 for water and $6.61 for sewer.

Several business owners and residents turned out at a meeting on Aug. 27 that offered a chance not only to vent frustrations but also to get some answers from elected officials and town staff in a meeting that became contentious to the point that Mayor Tom Sutton shut it down after about two and a half hours.

A number of commercial and residential customers took to the podium to voice frustrations, and many were skeptical of recent meter readings that indicate massive increases in usage. Mike Clampitt, who represents Swain, Transylvania and Jackson counties in the North Carolina House of Representatives, voiced his concern. Clampitt, a Bryson City resident, is on the town’s water system and brought photographs of meter readings that indicate a far higher usage. He said the recent high readings were incorrect. “A picture is worth a thousand words,” he told the board.

In that and other instances, Bowe and Sutton said that people should call in with their concerns, and a town employee will come to check out each issue individually.

Clampitt noted in a follow-up interview with The Smoky Mountain News that he is also pursuing avenues in Raleigh to gain more funding, including an ask from the General Assembly for $10 million in state funding to address the capital improvement needs. While that money wasn’t awarded this year, he said he will renew that request next year. [Source]

Keystone Layoffs
Billy Chapman, The Hickory Daily Record, 9/04/24

The Keystone Powdered Metal plant in Troutman will close permanently by April 1, 2025, affecting 217 employees. The company gave notice to the N.C. Department of Commerce, town of Troutman and Iredell County commissioners on Aug. 30 that it would close the plant. The notice said employees will be laid off in phases starting Nov. 1.

The Troutman plant was previously called the Engineered Sintered Components plant before merging with Keystone in 2022.

According to the company’s website, parts for the automotive industry as well as power sports equipment, lawn mowers and industrial equipment were made at the plant in Troutman.

Keystone Powdered Metals also has a plant in Cherryville. No information about changes in operations at that plant has been released. [Source]

Novant Facility
Santiago Ochoa, WFDD Radio, 9/04/24

Novant Health broke ground this week on a new wellness and education building. Officials said the development reflects the unmet medical needs of patients in the area. The multispecialty facility will sit inside the old Davidson County Health Department offices, just next door to the Novant Health Thomasville Medical Center. During a groundbreaking ceremony, Jon Applebaum, president and chief operating officer at the Medical Center, broke down the remodeled building’s areas of focus. “Once complete, this new facility will work in coordination with our area physicians to provide convenient access to chronic disease management services, behavioral health care, rehabilitation therapy and numerous wellness education classes,” Applebaum said.

Work has already begun on remodeling the old Davidson County Health Department building where the new Novant Health Wellness and Education facility will reside. Thomasville, N.C., on Wednesday, Sep. 4, 2024. He added that the new location’s outpatient services were determined with the help of a community health needs assessment that revealed gaps in specialty care in Davidson County. The wellness and education building, which is scheduled for an opening next spring, will cost $7.2 million to remodel and equip. Applebaum said about $2 million in funding came from donations. The rest will come from Novant itself. [Source]

Fair Train
Glyniss Wiggins, WNCN News, 9/04/24

The N.C. Department of Transportation Rail Division announced special train stops for multiple upcoming fall events on Wednesday. NCDOT officials revealed the state’s passenger rail service, NC By Train, will make stops at this year’s N.C. State Fair and Lexington Barbeque Festival.

The N.C. State Fair runs from Oct. 17 until Oct. 27. NC By Train will make four stops at the fairgrounds in Raleigh starting on Oct. 18 at 9:53 a.m., 1:46 p.m., 3:33 p.m. and 5:48 p.m. Also, the 40th Annual Lexington Barbeque Festival is set for Oct. 26, and NC By Train will make eight stops unloading and boarding passengers from the Lexington Hospitality Center. The center, located at 29 N. Railroad Street, is one block from the festival. [Source]

High Country Park
WFDD Radio, 9/04/24

A High Country Mountain that was once considered for clear-cutting will host a new public park and trail. Jordan Sellers of the Blue Ridge Conservancy says that the lands that will make up Paddy Mountain Park are important ecologically, recreationally and educationally. “You’ll be able to get outside, you’ll be able to get where it’s quiet. You get into the interior of Paddy Mountain and you can’t hear anything except for the occasional bird,” he says.

Sellers says it took about eight years for the conservancy to protect Paddy Mountain, which had once been eyed for logging — the forests are plentiful with maple, oak and hickory trees. He says the effort to preserve it was a community-wide response that included individuals as well as the town of West Jefferson and Ashe County. The Paddy Mountain Park Trail is planned to be part of a trail system called the Northern Peak Trail that stretches from Mount Jefferson in Ashe County all the way to downtown Boone, passing through such notable places as Howard Knob and Elk Knob State Park. [Source]

Bald Head Curfew
Trista Talton, Coastal Review, 9/04/24

Bald Head Island officials have backed off from talks on whether to institute an island-wide curfew for minors. Public feedback on a draft ordinance that would establish a curfew for teens under 18 has prompted village staff to look into other ways of trying to deter what most agree are the actions of a few.

Village Manager Chris McCall told council members in a meeting last month that staff are researching camera systems and looking into the feasibility of ramping up law enforcement patrols through the summer seasons.

The Brunswick County island has experienced what officials say has been a recurring trend during summers, when an influx of tourists visit the island and the numbers of complaints and 911 calls surge.

The resurgence of unruly behaviors this summer included suspected juveniles throwing balloons and eggs at passing golf carts, the primary form of transportation on an island where passenger cars are prohibited, other than government and contractor vehicles. Last summer, dozens of stop signs throughout the island were ripped up, the handiwork of teens who were never caught.

Property owners and parents opposed to a curfew said during a public hearing in early August that limiting the times during which teens can be out and about unaccompanied by an adult unfairly targets minors, punishes all for the actions of a few, is government overreach and would be bad PR for an island that advertises itself as “family friendly.” [Source]

Music Fraud
WBTV News, 9/04/24

A North Carolina man has been charged in connection with a scheme to create hundreds of thousands of songs with AI and used automated programs to stream the AI-generated songs billions of times. According to the U.S. Attorney’s Office for the Southern District of New York, Michael Smith, 52, fraudulently obtained more than $10 million in royalty payments through his scheme. Smith was arrested on Windaliere Drive in Cornelius Wednesday morning and will be presented before a U.S. Magistrate Judge in North Carolina.

“As alleged, Michael Smith fraudulently streamed songs created with artificial intelligence billions of times in order to steal royalties,” said U.S. Attorney Damian Williams. “Through his brazen fraud scheme, Smith stole millions in royalties that should have been paid to musicians, songwriters, and other rights holders whose songs were legitimately streamed. Today, thanks to the work of the FBI and the career prosecutors of this Office, it’s time for Smith to face the music.”

The indictment alleges at a certain point from about 2017 up to and including 2024, Smith estimated that he could use the bot accounts to generate about 661,440 streams per day, yielding annual royalties of $1,027,128.

The indictment also alleges that Smith made numerous misrepresentations to the streaming platforms in furtherance of the fraud scheme. Smith allegedly repeatedly lied to the streaming platforms when he used false names and other information to create the bot accounts and when he agreed to abide by the terms and conditions that prohibited streaming manipulation.

Smith’s hundreds of thousands of AI-generated songs were streamed by his bot accounts billions of times, which allowed him to fraudulently obtain more than $10 million in royalties. [Source]

NC Insider Legislative Report
LB: LEGISLATIVE BUILDING. LOB: LEGISLATIVE OFFICE BUILDING

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

Legislative Studies and Meetings
LB: LEGISLATIVE BUILDING. LOB: LEGISLATIVE OFFICE BUILDING

Friday, Sept. 610 a.m. | General Statutes Committee, 544 LOB.

N.C. Government Meetings and Hearings
BOLD ITEMS ARE NEW LISTINGS

Friday, Sept. 610 a.m. | The Finance and Audit Committee of The North Carolina Partnership for Children meets, The meeting will be held via Zoom. You may contact Yvonne Huntley at 984.221.1242 or email at [email protected] for additional information.Tuesday, Sept. 108:30 a.m. | The Fund Development Committee of The North Carolina Partnership for Children meets, The meeting will be held via Zoom. You may contact Yvonne Huntley at 984.221.1242 or email at [email protected] for additional information.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.

UNC Board of Governors
23 S. WEST STREET, SUITE 1800, RALEIGH

Wednesday, Sept. 11Meeting of the Board of Governors, TBA.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

Thursday, Sept. 510 a.m. | Gov. Roy Cooper to join United States Secretary of the Treasury Janet Yellen to deliver remarks and highlight the Biden-Harris Administration’s efforts to lower energy costs,Wake Tech Community College East Campus, 5401 Rolesville Road, Wendell.1:30 p.m. | Gov. Roy Cooper to hold press conference with Democratic leaders highlighting Republican efforts to spend taxpayer money on private school vouchers for wealthy parents, 325 N Salisbury St, Raleigh.gmaFriday, Sept. 6No time given | The 2024 N.C. Mountain State Fair opens at the WNC Agricultural Center in Fletcher. Runs through the 15th, and more information is available at https://www.wncagcenter.org/p/mountainstatefair 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.

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