Kansas Daily News Wire September 3, 2024

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

Q&A: Schwab says voter fraud ‘lies’ are fading in KansasSecretary of State Scott Schwab recently spoke with State Affairs about various topics, including his belief that the election denial movement in Kansas is dying down, the need for younger poll workers and concerns about social media influence. (Richardson, State Affairs)

Wichita has best-tasting water in state, according to judges:Wichita has the best-tasting tap water in Kansas, according to a blind taste test at an annual drinking water conference held here last week. (The Wichita Eagle)

Judge denies Aetna’s request to halt KanCare process during lawsuit: The KanCare contract implementation process will continue after a Shawnee County District Court judge denied Aetna’s motion to halt the action during legal proceedings. (Richardson, State Affairs)

Ninja invasion: Mysterious figurines help Capitol Police break the ice: A mysterious force of invaders has been infiltrating the Statehouse and plaguing the Capitol Police since the start of the 2024 session. (Stover, State Affairs)

LOCAL

What to know about COVID vaccines coming to area pharmacies: A summer COVID wave fueled by a highly contagious variant, increased travel and hot days that crowded people indoors may be starting to ebb in the Kansas City area. (Topeka Capital-Journal)

Motion to dismiss Jan. 6 charge of former Topeka Council candidate: A motion was filed to dismiss one of the charges a former Topeka City Council candidate faced in connection to the Jan. 6 riots. (KSNT)

Shilling VP says shortages were not reason for Anderson work delay: The vice president of a local construction company is pushing back against a city official’s claim that material shortages caused a road project’s delayed completion date. (Manhattan Mercury)

Howey Daily Wire Sept. 3, 2024

Good morning!

Welcome back, readers. Democratic gubernatorial nominee Jennifer McCormick wants all Indiana teachers to make at least $60,000 a year, State Affairs reports. And Republican Randy Niemeyer, who is challenging U.S. Rep. Frank Mrvan in the 1st Congressional District, says the Democratic incumbent has declined to debate. More news below. — Howey Politics Indiana/State Affairs

McCormick calls for $60,000 minimum Indiana teacher salary: In addition to upping teachers’ salaries, Democratic gubernatorial nominee Jennifer McCormick’s education plan features familiar Democratic policy proposals, such as expanding affordable child care and establishing universal pre-K education. (Meeks, State Affairs)

STATE

Holcomb says any pardon for ex-Sheriff Jamey Noel up to next governor: Former Clark County Sheriff Jamey Noel, who was chairman of Gov. Eric Holcomb’s reelection bid, pleaded guilty to 27 felony charges, which included theft, money laundering, official misconduct, tax evasion and obstruction of justice. (Meeks, State Affairs)

Crouch, OCRA announced $8M CDBG grants for 14 communities: Lt. Gov. Suzanne Crouch and the Indiana Office of Community and Rural Affairs announced 14 rural Indiana communities will receive more than $8 million in federal grant funding to expand community facilities and improve water infrastructure. (Howey Politics Indiana/State Affairs)

IU: Lilly Endowment grant to support Trades District development — Indiana University says a $16 million grant from Indianapolis-based Lilly Endowment Inc.’s College and Community Collaboration initiative will accelerate the development of Bloomington’s Trades District to support entrepreneurs at The Mill and attract high-wage jobs at The Forge, a new tech center currently under construction. (Brown, Inside Indiana Business)

Purdue researchers: Wind turbines could be used to efficiently capture carbon dioxide — Purdue University research discovered that wind turbines can provide the first clean-energy method to capture carbon dioxide, and can do so at a cost significantly lower than current CO2 capture methods, a news release announced. (Howey Politics Indiana/State Affairs)

Soybean export sales drop sharply, but rebound expected: Export sales of new-crop soybeans are historically low as the 2024-25 marketing year began Sept. 1, but a report indicates tailwinds could emerge to rejuvenate demand for U.S. soybeans. (Hoosier Ag Today)

LOCAL

Former Jackson County auditor accused of theft, fraud reaches plea deal: A former Jackson County official who has been accused of stealing more than $18,000 in county funds has reached a plea deal with prosecutors that will allow her to avoid jail time if she completes probation. (The Tribune)

St. Joseph County board allows Chaffee to stay on school board ballot despite claims of partisan campaigning: The St. Joseph County Election Board voted unanimously to deny a challenge to Doug Chaffee’s candidacy raised by Ben Dallas, who was removed from the ballot after he filed to run with the nickname ‘MAGA’. (Deaton, South Bend Tribune)

New Vanderburgh County elections chief sworn in: Marsha Abell Barnhart was sworn in as Vanderburgh County clerk just 68 days before the November election after Carla Hayden resigned from the post. (Langhorne, Courier & Press)

AES Indiana eyes new Dubois County solar project: As part of a continued transition from coal to renewable energy in its portfolio, AES Indiana this week submitted a request to the Indiana Utility Regulatory Commission to buy a new solar project being built in Dubois County. (Mazurek, Inside Indiana Business)

Indy homicide numbers continue to trend down: As of Sept. 2, 138 homicides were reported in Indianapolis since the start of the year, the lowest since 2019. (Wells, Fox59)

Valparaiso council awards $343K in opioid funding to address substance use disorder: The Valparaiso City Council has voted to give $343,976 of the city’s opioid settlement money to organizations addressing substance use disorder. (Gallenberger, Lakeshore Public Media)

CONGRESS

Mrvan announces $180K federal grant for Michigan City license plate readers: U.S. Rep. Frank Mrvan, D-Ind. helped the Michigan City Police Department land a $180,000 federal grant for license plate readers. (Pete, NWI Times)

Long-term health care group honors Greg Pence: The Indiana Health Care Association/Indiana Center for Assisted Living presented U.S. Rep. Greg Pence, R-Columbus, its Public Servant of the Year Award at its annual Convention and Expo in Indianapolis. (The Republic)

Plunging office values alarm Congress: The market’s troubles have caught the attention of Congress — with one New York lawmaker calling it a “ticking time bomb” for banks as nearly $1 trillion in commercial real estate loans are coming due this year. (Politico)

Congressional schedule: The Senate and House are out.

CAMPAIGNS

Niemeyer says Mrvan won’t debate: U.S. Rep. Frank Mrvan has declined to debate Republican challenger Randy Niemeyer, the latter’s campaign said. (Howey, State Affairs)

Today: McCormick to host Evansville town hall — Democratic gubernatorial candidate Jennifer McCormick will host a town hall beginning at 6:30 p.m. at the UA Local 136, 2300 St. Joseph Industrial Park Drive. (Loesch, Courier & Press)

How lieutenant governor candidates plan to use the limited role to tackle economic development: Cate Charron of the IBJ interviewed Republican Micah Beckwith, Democrat Terry Goodin, and Libertarian Tonya Hudson about how they would tackle the office’s specific roles should they be elected — and how they see those duties intertwining with economic development efforts.

INDEMS respond to Heritage Foundation letter sent to Hoosiers claiming systemic election fraud: “We don’t have a voter fraud problem — we have a voter participation and turnout problem,” Sam Barloga, spokesman for the Indiana Democratic Party, said in response to a survey sent to Noblesville area voters from the Heritage Foundation contending election fraud is on the rise as part of illegal attempts to steal elections. (Kelly, Indiana Capital Chronicle)

Greencastle teacher’s union leader worries collective bargaining could be at risk: “The last legislative session brought many attacks on public education and educators specifically,” President Erin Brown of the Greencastle Classroom Teachers Association told the city’s school board. “In the last session, our collective bargaining rights were at risk. Luckily we were able to maneuver those attacks, but I fear future legislative sessions might be worse.” (Jernagan, Banner Graphic)

PRESIDENTIAL 2024

Presidential race on Labor Day: Harris owns slim advantage but some swing states still in play — In modern presidential elections, where the race stands on Labor Day is usually pretty close to where it ends up once the votes are counted. (Politico)

VP Harris to oppose US Steel takeover bid: Vice President Kamala Harris is planning to voice her opposition against Nippon Steel’s pending purchase of U.S. Steel, adding another high-profile critic to the deal initially reached in December. (The Wall Street Journal)

Trump: The way Harris treated Pence was ‘horrible’ — Former President Trump slammed Vice President Harris as “vicious” and claimed her treatment of former Vice President Mike Pence during a debate was “horrible.” (The Hill)

Trump issues statement from Gold Star families defending Arlington Cemetery visit: Donald Trump’s campaign issued a statement from the Gold Star military families who invited him to Arlington National Cemetery as they defended the Republican presidential nominee and insisted that Vice President Kamala Harris is the candidate politicizing fallen U.S. service members. (AP)

NATION

White House schedule: President Joe Biden will receive the Daily Brief in the morning. In the afternoon, Biden will deliver remarks for the kickoff event of the Investing in America content series. Vice President Kamala Harris will receive briefings and conduct internal meetings with staff.

Much ado about nothing? Memphis ballot measures stir discord

There is wide agreement that three proposed ballot measures seeking to establish stricter gun laws in Memphis have little chance of going into effect even if voters were to approve them in November. But that hasn’t stopped the effort to put them before the voters from becoming a major flash point in what has otherwise been a sleepy general election campaign season so far in Tennessee.

The Memphis City Council wants to put questions on the ballot to ask whether voters support reintroducing a requirement to hold handgun carry permits to be armed in public, banning the sale of rifles like AR-15s and establishing a “red flag” law to authorize the confiscation of firearms from people found to be a danger to others.

Republicans in the General Assembly in 2021 did away with the need to apply for a carry permit, a process that includes background checks and training requirements. And Gov. Bill Lee in May signed legislation into law that explicitly bars local governments from enacting their own extreme risk protection orders.

Given that state law preempts local ordinances, the Memphis ballot measures are little more than exercises in gauging public opinion in the heavily Democratic city. But Republican legislative leaders don’t want any part of it. House Speaker Cameron Sexton of Crossville and his Senate counterpart, Randy McNally of Oak Ridge, warned last week that if Memphis goes through with the referendums, the General Assembly will pursue legislation to withhold the city’s shared sales tax revenues — a $78 million sum in the most recent budget year.

The speakers’ comments sparked outrage among Democrats, who argued Republicans care more about guns than about public safety. Rep. Justin Pearson cast the dispute in racial terms, calling it “economic terrorism” for white Republican lawmakers to seek to deny funding for the country’s largest Black city over a policy dispute.

Pearson noted that GOP leaders also made threats about (but ultimately didn’t follow through on) withdrawing stadium money from the city when the Shelby County Commission reinstated him after he was ousted from the House over a gun protest in the well of the chamber.

Memphis City Council member Jeff Warren told The Commercial Appeal that the referendums were no different than the speculative measure pushed through by Republican lawmakers in 2019 that enacted a “trigger” to put a sweeping abortion ban into place if the U.S. Supreme Court overturned Roe v. Wade. At the time of its passage, Warren argued, the abortion ban was unconstitutional.

Election motivations

Republicans see the ballot measures as a ploy to drive turnout in November in favor of Democratic candidates for the House. The tightest contest is expected to occur in District 97, where incumbent Republican Rep. John Gillespie faces challenger Jesse Huseth, a former Shelby County Democratic Party chair. Gillespie won the redistricted seat by 13 percentage points in 2022. But in the last presidential election in 2020, Democrat presidential candidate Joe Biden carried the district by 5 percentage points over Republican Donald Trump. Since this year’s state House contest is seen as a coin flip, Republicans worry any extra voters headed to the polls in the belief they are tightening gun laws could sink the incumbent.

While he is the lawmaker whose political fate could be most closely tied to the referendum dispute, Gillespie put out a statement to say he will vote for the measures if they are on the ballot in November. Gillespie voted against the permitless carry bill in 2021 (the initiative was also notably opposed by Amy Weirich, then Shelby County’s Republican district attorney general). But he voted in favor of the red flag preemption bill when it cleared the House 73-24.

Hargett wades in

Largely silent on the issue in the weeks since the council voted to move forward with putting the questions before city voters, Secretary of State Hargett issued a statement a few hours after the speakers’ position was made public to declare that his office would not approve a ballot that contained them. The Shelby County Election Commission on Tuesday heeded State Election Coordinator Mark Goins’ guidance on the issue and declared (without a public vote) that it wouldn’t place the questions on the ballot.

A question of precedent

Mark Luttrell, a former Shelby County mayor and chair of the local election commission, said the step was needed because of what he called an “unprecedented situation we are facing here in Memphis.” But critics were quick to point out a state Supreme Court ruling from 2004 based on a very similar set of facts.

Twenty years ago, the Memphis City Council wanted to have voters weigh in on whether to impose a payroll tax on people who work in the city but live in surrounding counties or out of state. The Shelby County Election Commission declined to include the question based on an attorney general’s opinion that any such tax would need to be authorized by the General Assembly.

State Election Coordinator Brook Thompson, who worked for Democratic Secretary of State Riley Darnell, agreed with the assessment. The council’s attorney Allan Wade (who still serves in the role today) sued. Chancellor Arnold Goldin ruled against the city, but the decision was overturned on appeal.

A 5-0 opinion by the state Supreme Court held that the election commission had overstepped its authority because the “substantive constitutionality of ballot measures” is up for the courts to decide rather than election officials. So the measure went back on the ballot. Voters rejected it by a 3-to-1 margin, meaning the constitutionality of the proposal was never litigated. Voters in 2014 approved a constitutional amendment outlawing payroll and income taxes.

Concern over the 2004 state Supreme Court ruling is what led Sexton and McNally to issue their warning about potential future financial liabilities if Memphis goes through with the votes. Hargett’s decision to join the field afterward came as a surprise, all the more so because he is an appointee of Republicans in the General Assembly.

Collateral damage

Sexton has been beating the drum about a potential ouster of Shelby County District Attorney General Steve Mulroy, who defeated Weirich in a high dollar campaign in 2022, over his alleged “soft-on-crime” policies. In his statement about the referendums last week, Sexton started out with another gratuitous attack on the prosecutor, even though the disputed ballot measures were put forth by city council.

Political considerations may explain the heavy attention that Sexton has placed on Mulroy and Memphis crime. While Democrats have moved into firm control of the Shelby County Commission, suburban cities like Collierville, Arlington and Germantown remain dominated by conservatives. And Shelby County accounted for the state’s highest number of Republican primary voters in the most recent open governor’s race in 2018. Attacks on Memphis are also popular in surrounding West Tennessee counties.

Sexton has yet to say whether he will seek to succeed term-limited Gov. Bill Lee, who in 2018 combined a strong showing in Shelby County (he missed out by 55 votes to then U.S. Rep. Diane Black of Gallatin) with victories in Middle, Southeastern and Northeastern Tennessee to clinch the nomination with a 37% plurality.

I’m telling the feds

House Minority Leader Karen Camper, D-Memphis, issued a letter to the speakers that was less notable for her protest against the saber rattling over retaliation than it was for being copied to Assistant U.S. Attorney General Kristen Clarke, who is spearheading the Justice Department’s civil rights probe into the city and its police department in the aftermath of the killing of motorist Tyre Nichols during a traffic stop.

Never look back

The threat over withholding funds due to the measures is likely a hollow one even if Memphis manages to get them back on the ballot. The General Assembly can’t pass laws to retroactively punish behavior that was legal at the time. So technically, the warning is more of a prospective one: Do it again, and we’ll get you. But that doesn’t read quite the same way in news coverage of what is supposed to be a pending controversy.

Sharing the wealth

Ever since the inception of the sales tax in 1947, the state has shared a portion with city governments based on population (counties, by contrast, rely on portions of gas tax and other collections). When lawmakers in 2002 hiked the state sales tax to 7% from 6% to bridge a budget gap, they decided that the traditional sharing formula wouldn’t apply to the increase. The Tennessee Municipal League has been unsuccessful so far in its efforts to have lawmakers restore the revenue-sharing arrangement to the entire sales tax, arguing that cities deserve the funds because they account for more than 80% of all sales taxes generated around the state.

Sexton and McNally’s proposed punishment would be modeled on a similar law enacted in Arizona in 2016 that provides for the state to withhold local funding if cities pass an ordinance that the attorney general finds would violate state law or the constitution.

Outlook

To summarize: Memphis is pursuing nonbinding ballot measures that don’t do what voters think. The secretary of state is trying to block the questions despite a state Supreme Court case that appears to tell him he can’t. Republican lawmakers are threatening to withhold money, but not over the referendums that they are upset about. And the lawmaker seen as being targeted by the ballot questions says he would vote for them.

So what’s it all mean? Probably not a heck of a lot. Welcome to the blustery world of Tennessee politics.

Insider for September 3, 2024

YOU DON’T SAY

That is something you can bet on. Plan on it.”

Reide Corbett, dean of Integrated Coastal Programs at East Carolina University, on a one-foot estimate of sea level rise by 2050. (State Affairs Pro, 8/30/24)


Hurricane Flooding
Matthew Sasser, State Affairs Pro, 8/30/24

State leaders convened Thursday at the Lois G. Britt Agricultural Service Center in Kenansville to discuss North Carolina’s vulnerability to hurricanes and flooding and explore measures to prepare for future calamities. 

“North Carolina is no stranger to storms,” Reide Corbett, dean of Integrated Coastal Programs at East Carolina University, said. “The trend is that we are seeing more and more billion-dollar events. Now some of that is because of [rising costs and more development]. It’s not just a product that the storms are worse; I’m not suggesting that. But the fact is these storms cost more today than they did in the past; the storms are different than they were in the ’80s.” 

Corbett recapped three of North Carolina’s most recent catastrophes — Hurricanes Floyd, Matthew and Florence — to provide context for the effects of flooding in the state to the Agriculture and Forestry Awareness Study Commission. 

Increased precipitation in the summer can lead to more water in North Carolina’s eight river basins, which account for 70% of the flood plains and river basins in the state. The state received 13 inches of rain in July, as much as the previous eight months of the year in total. Extreme flooding seen with major hurricanes is often compounded by other ecological events, such as heavy precipitation, according to Corbett. 

In September 1999, Hurricane Floyd produced the most flooding the state had ever seen. It caused 36 deaths and the destruction of over 7,000 homes. The Tar River crested 24 feet above its flood stage. Hurricane Matthew in October 2016 was a “wake-up call,” Corbett said.

It caused 31 deaths, all in counties that didn’t touch saltwater, and $5 billion in damage. The Lumber River crested four feet above its previous record height. Emergency services conducted over 2,300 water rescues. 

“We hadn’t had a storm like this in 17 years. I’m not saying we were complacent,” Corbett continued. “The amount of damage, the amount of water that we saw across eastern North Carolina, I think, really made people realize we hadn’t done a whole lot since Floyd. We are potentially extremely vulnerable. … We started seeing these storms packing a bigger punch — they had more rain they were letting down compared to previous storms.”

According to the North Carolina Climate Science Report released in 2020, extreme precipitation frequency and intensity in the state will very likely increase due to increases in atmospheric water vapor content. 

“Heavy precipitation accompanying hurricanes that pass near or over North Carolina is very likely to increase, which would in turn increase the potential for freshwater flooding in the state,” the report states. In September 2018, Hurricane Florence caused unprecedented rain and flooding in the state. More than 2,500 roads were cut off and parts of Interstate 40 and Interstate 95 were underwater for a week. “Florence has made Wilmington, N.C., an island cut off from the rest of the world,” a headline from The Washington Post read.

Florence produced an estimated 36 inches of rain near Elizabethtown. The storm killed 52 people and caused $17 billion in damage.  Because of those storms, Corbett said, changes have been made resulting in better emergency response and mitigation.

The creation of a local recovery manager position has established a point person who understands the surrounding community. Flood and surge maps have been updated, and the state has undertaken a Flood Resiliency Blueprint.

These precautions are necessary based on the near certainty that extreme precipitation will become more commonplace due to a warmer climate and more moisture in the air, Corbett said. “We are very likely to see more events that [produce] more than three inches in a single day,” he said. “Those rain events that have that much rain are what drive a lot of storms for us.” 


Over the past 80 years, the state has seen a one-foot rise in sea level. Over the next 30 years, by 2050, there will be another one-foot rise in sea level. “That is something you can bet on,” Corbett said. “Plan on it.” 

Corbett said the goal of his presentation was to showcase an understanding of the state’s vulnerabilities and present an awareness of the hazards.  “We can’t base our numbers on yesterday, last year, previous years,” Corbett said. “….We need to understand our vulnerability today and hold on to what we know about what these storms are going to look like tomorrow.” Rep. Jimmy Dixon, R-Duplin, chairman of the commission, agreed with Corbett and added he wants these meetings to move away from history and show what’s being done.

“North Carolina is no stranger to storms,” Reide Corbett, dean of Integrated Coastal Programs at East Carolina University, said. David Williams, director of the state Division of Soil and Water Conservation, said the Streamflow Rehabilitation Assistance Program has made major inroads on measures to prevent flooding.  “We recognized that we had issues with drainage ways that were blocked. Water was backed up, soils were saturated because the water couldn’t get out prior to the storm,” Williams said. “If the soil is already saturated prior to the storm, the flooding is going to be worse.”

Counties, municipalities and nonprofits are eligible grantees of the Streamflow Rehabilitation Assistance Program (StRAP), which was established in the 2021 budget. The program was allocated $38 million in funding from the General Assembly. There was statewide interest in the program, with over 200 submitted project applications requesting $311 million. 


So far, the program has removed debris from 612 miles of primarily eastern North Carolina waterways, with another 330 miles planned from its initial round of funding. “It’s a shame that we can’t do more, and we’re going to have to do more — there’s no question about that,” Commissioner of Agriculture Steve Troxler, said. “I congratulate the Legislature on doing something when they [funded] this StRAP program. Before, we had trouble getting partners [due to a matching grant requirement that was eliminated].” 


Troxler acknowledged these efforts are expensive but said recovery from Hurricanes Matthew and Florence totaled $22 billion.  

“Could we have spent a billion or two billion dollars in state and federal funds and prevented some of that? Absolutely,” he stated. Troxler said water coming out of the Piedmont due to deforestation and development will only increase the water seeping downhill into eastern North Carolina. He recalled when Senate President Pro Tem Phil Berger and House Speaker Tim Moore attended a meeting of the commission shortly after Hurricane Florence.  

“We have talked about it, talked about it, talked about it,” Troxler said. “Let’s get on with the program and let’s stop some of the damage that this water is doing where we can, and it needs to happen now.”  The Soil and Water Conservation division is “nowhere near fully staffed” and engineers are hard to come by, Troxler said. He also said the Department of Environmental Quality has the same issue. He said a water management agency needs to be created in the state to handle the flooding issues.  “Somebody has got to think about this and do something about it every day,” Troxler said. “The more we stall, the next big one is coming.” He added that the state dodged a bullet with the recent Hurricane Debby.  Rep. Dixon said he and his fellow committee members understand the urgency and would support efforts to address flooding concerns.  

“I personally don’t believe that we ever recovered from Hurricane Hazel in 1954,” Dixon said.  Troxler agreed, saying people still talk about the dams that burst due to that storm.  “We’re learning and we’re going to do better,” Troxler said. “We just need to get on with it right now and not tarry another year.”  

Crash Fatalities
Matthew Sasser, State Affairs Pro, 8/30/24 

The General Assembly might need to change state statutes regarding child passenger safety to reflect best practice recommended by national organizations and combat a rise in youth-involved vehicular fatalities. 

Beverly Hopps, a coalition coordinator at Safe Kids Western North Carolina, is an instructor for the organization’s child passenger safety curriculum. “When I’m dealing with caregivers and they ask me the question, ‘Oh, when can my child go forward-facing?’ I teach the caregiver best practice,” Hopps said to the Unintentional Death Committee of the Child Fatality Task Force Thursday.

“I try not to really mention the [North Carolina] law unless they specifically ask me what North Carolina law says.” Under North Carolina law, children under the age of 5 are required to be properly restrained in a rear seat, but best practice recommended by the American Academy of Pediatrics and the National Highway Traffic Safety Administration is to raise the age to 13 when the vehicle has a passenger-side front air bag and an available rear seat. 

According to Child Fatality Task Force executive director Kella Hatcher, states are “all over the place” when it comes to this statute. She added that most of the the surrounding states of North Carolina state the recommended age for this statute is 8 years old Hatcher said no other lead agency is working on this particular issue.

The Child Fatality Task Force advanced child passenger-related legislation in 1994, 1999, 2000, 2004, 2006, 2007 and 2008. Other recommendations by the committee include modifying the language to require infants and toddlers to ride in rear-facing seats and to clarify the height at which a child can transition away from a booster seat. 

“Motor vehicle deaths to children are a leading cause of death, so we always like to get data updates on what we’re seeing with the trends and break that down by ages,” Hatcher said at the meeting. “We still have children under 8 riding in the front seat, and we still have children who are probably too young to be out of child restraints at all who are not in a child restraint system.”

North Carolina has reported fewer car crashes each year since 2019 but an increase in overall fatalities. State Traffic Safety Engineer Shawn Troy attributes that statistic to aggressive drivers willing to take more risks on the open road.  Youth, defined as children aged 0 to 17, were involved in 6.2% of the roughly 275,000 crashes reported in North Carolina last year, according to data shared with the committee.

There were 74 car accident fatalities involving youth in North Carolina in 2019. That figure has steadily risen to 105 in 2022 and 104 in 2023. In 42% of youth-related fatalities, the victim was unbelted. Unbelted children are 28 times more likely to be killed in a car crash and 18 times more likely to be injured, according to North Carolina Department of Transportation data. Young people seated in the third row of the vehicle are more likely to be unbelted. There’s been an accompanying increase in severe injuries to children in vehicular accidents since 2019. In 2023, 488 children were seriously injured in crashes.  

Nurse Practice Authority
Twumasi Duah-Mensah, NC Health News, 9/01/24

Every so often, Megan Conner, a nurse anesthetist in Greenville said she sees a patient who’s driven for hours to come for a screening colonoscopy but who instead has to be sent to the emergency department. “I’m looking at their blood pressure on the monitor, and it’s super high, like, 200 over something,” Conner said.

It frustrates Conner that so many patients, who have to travel sometimes hours for care in eastern North Carolina, end up not getting it because of common ailments they can’t get treated closer to home. That’s why Conner is a big believer in the Safe, Accessible, Value-directed and Excellent Health Care Act (SAVE Act), which would give advanced practice registered nurses (APRNs) like her full practice authority. She argues the data show that more nurse practitioners would provide primary care in rural North Carolina if the state would give them autonomy to practice, bringing care to small burgs that often go without. And now, the demands for care are being driven by hundreds of thousands of patients newly eligible for care because of Medicaid expansion. Along with a growing number of lawmakers who believe the legislation is overdue, advanced practice nurses thought this would be the year that the SAVE Act finally passed. They were wrong.

Bills like the SAVE Act — to broaden APRNs’ scope of practice — are not new. In fact, efforts go back decades.

The SAVE Act, was filed early in the legislative biennium that started in February 2023 in both the North Carolina House of Representatives (HB 218) and in the state Senate (SB 175), and the number of cosponsors between the two chambers quickly grew to 79 lawmakers.

“I don’t know if we’ve ever had a bill with that many cosponsors,” said Sen. Joyce Krawiec, R-Forsyth, who has served in the legislature since 2012.

Although neither bill went far, the idea resonated throughout the legislative process. Language from the SAVE Act made an appearance in a version of the 2023 Senate budget that passed in that chamber and was part of negotiations with the House. In the end, SAVE Act language was carved out of the final budget.

At the beginning of the 2024 session SAVE Act champions were encouraged when the bill’s language was rolled into a different bill, HB 681, which would streamline the process for out-of-state physicians to get licensure in North Carolina.

When the Senate Health Care Committee met in May to discuss HB 681, it took about five minutes to discuss the part about medical licensure.

The second part — with SAVE Act language — was new, and questions about it took up the rest of the hour. One new addition was that the bill proposed a limit on how many surgeries an anesthesiologist could supervise; currently, anesthesiologists can monitor up to four surgeries at a time that a certified registered nurse anesthetist (CRNA) is administering. At the same time, the revised bill gave full practice authority to nurse practitioners.

The committee met again the following week to vote on HB 681. Again, the committee found new language in the bill that would have cost anesthesiologists money by setting tighter standards on how they function.

Sen. Jim Burgin, R-Harnett, the proponent of the amended HB 681, said the point of the new language was to alert lawmakers to a possible violation of federal law. He also asserted anesthesiologists have not come to the table about the SAVE Act, a bill many anesthesiologists’ groups oppose.

“They think that they don’t have to come talk to us and they can stop any legislation that happens that affects them,” Burgin said. “And I just think that it’s finally starting to dawn on people that [the anesthesiologists have] not been doing what they’re telling everybody they’re doing.”

HB 681 finally passed through the Senate Health Care Committee with no “no” votes, even as some senators raised concerns about rushing the bill through to the Senate floor. Right before the vote, Sen. Mike Woodard, D-Durham, said the SAVE Act never gets enough discussion because it’s always introduced in a short session.

“If this was the first time that we had discussed a lot of these issues, it would be one thing,” Burgin retorted. “But six years of talking about things — if this was a business, it would not be very successful because the decisions are hard to get made.”

Kimberly Gordon, a nurse anesthetist and government relations director at the North Carolina Association of Nurse Anesthetists (NCANA), said she could understand why lawmakers would not want to chew on a complex bill like the SAVE Act in a short session. That was especially understandable this year, with the budget debate centering on private school vouchers, teacher pay, medical cannabis and even the size of the budget. 

A legislative leader on the SAVE Act agreed. “Unsuccessful budget negotiations sapped the energy needed to address several important bills,” said Sen. Gale Adcock, D-Wake, a nurse practitioner with decades of experience. She’s been introducing the bill since 2015 and slowly building support for it. “To me, it really didn’t feel like we had much of a chance given that they were trying to get done by the end of June that this would be something that was taken up,” Gordon said. [Source]

RFK Lawsuit
Kyle Ingram, The News & Observer, 8/30/24

Robert F. Kennedy Jr. sued the North Carolina State Board of Elections Friday after it refused to remove his name from the 2024 ballot as a third-party presidential candidate. “By refusing to acknowledge Kennedy’s statutory rights and entitlements, defendants have irreparably harmed him,” the lawsuit, filed in Wake County Superior Court, said.

“Even worse, by forcing Kennedy to remain on the ballot against his will, defendants are compelling speech in violation of (the Constitution.)“ 

Kennedy, who created a new political party called “We The People” to run for president in North Carolina, suspended his campaign last week and endorsed Republican former President Donald Trump. Earlier in the week, WTP formally requested that Kennedy’s name be removed from the state’s 2024 ballots. In a contentious meeting, the state board’s Democratic majority voted to deny this request, saying that it would be impractical to remove him at this point given that over half of the counties have already begun printing ballots, the first of which will be sent out on Sept. 6.

The two Republicans on the board disagreed, saying they believed the board had the authority to delay the statutory deadline for absentee ballots being sent out. Kennedy’s lawsuit argues that “practicality” is not a valid legal standard for denying his request. It also states that the board was aware of his intention to be removed from the ballot before the official request was made to do so, but the board continued to allow ballots to be printed with his name on them.

“Thus to the extent NCSBE claims it is ‘impractical’ to remove him from the ballot, it is an issue of NCSBE’s own making,” the lawsuit said. The board’s executive director, Karen Brinson Bell, told board members that any pause in ballot printing could have caused the state to miss its statutory deadline for sending out absentee ballots. That deadline could also complicate any court intervention on Kennedy’s lawsuit. The first ballots, with Kennedy’s name on them, will be sent out on Friday. Brinson Bell said reprinting the ballots without his name could cost in the “high six-figure range” and take 12 to 13 days. Barring any court intervention, Kennedy’s name will appear on the ballot and any votes for him will be counted. [Source]
 
Reentry Health
Rachel Crumpler, NC Health News, 9/03/24 

Upon release from prison or jail, many people face significant obstacles in navigating and accessing health care services. Historically, the transition has been difficult because most people returning to the community after incarceration were either uninsured or uninsurable. But that’s changing since Medicaid expansion took effect in North Carolina on Dec. 1, 2023, as substantially more justice-involved individuals — people who often work in low-paying jobs or struggle to find work because of their criminal history — are now eligible to enroll in the state- and federally-funded program that provides health care for low-income children, their parents and many people with disabilities. 

Expansion raised the state’s long-standing income limit for Medicaid, extending eligibility to adults who make up to 138 percent of the federal poverty level for their household size. The previous limit was 100 percent. About 80 percent of people reentering the community from prison are now eligible, NC Health News previously reported.

Department of Adult Correction spokesperson Brad Deen said more than 100 applications are submitted per week from Medicaid information sessions held at prisons, along with additional applications submitted by case managers and social workers outside of the sessions. Medicaid can cover a variety of services, including doctor visits, behavioral health treatments and prescription drugs at no or little cost to the person. The coverage is helping reduce gaps in health care, a welcome change for people who now have a path to getting health insurance that can pay for needed medical care — particularly as people leaving prison have high rates of chronic diseases, mental health problems and substance use disorders. And North Carolina is now planning to do even more with Medicaid to benefit justice-involved people and smooth their transition to the community. 

North Carolina submitted a waiver application in October 2023 to officials at the Centers for Medicare & Medicaid Services, which regulates the program at the federal level. If approved, North Carolina can join dozens of other states looking to provide select pre-release services to Medicaid-eligible incarcerated people up to 90 days before their release. Federal Medicaid funds will cover the expenses, marking a significant transformation in the use of Medicaid, as states have previously been barred from using these federal dollars to provide health care to incarcerated people except for when a person is transported to an outside facility for an in-patient hospitalization.

By providing Medicaid coverage both before and after release, North Carolina hopes to reduce harmful disruptions to health care for justice-involved individuals, which state leaders say has the potential to improve health outcomes and reduce recidivism. 

“We’re continuing to keep North Carolina at the leading edge of the most modern ways to use Medicaid to invest in the health of people and this is a big one that I’m very excited about,” said Kody Kinsley, secretary of the N.C. Department of Health and Human Services. 

In April 2023, the Centers for Medicare & Medicaid Services released guidance on the new Reentry Section 1115 Demonstration Opportunity explaining how states can provide select Medicaid services to justice-involved individuals while they are incarcerated to support their reentry into the community. To do this, CMS will grant states the ability to waive Medicaid’s “inmate exclusion policy,” which has prevented federal dollars from being used to cover medical care provided in correctional facilities since 1965. 

While the exclusion has been in place since Medicaid was initiated, there’s been increasing recognition that the punitive measure contradicted multiple public policy goals. “CMS believes that provision of pre-release services to eligible individuals who are incarcerated may not only improve the health and reentry outcomes of individuals who are leaving carceral facilities, but may also benefit the Medicaid program and society at large through potential reduced drug-related deaths, decreased use of EDs and hospitalizations, and reductions in health disparities experienced by people of color,” the guidance explains. 

To date, 24 states have applied for the Medicaid Reentry Opportunity, according to KFF, a nonprofit health policy research organization tracking the status of waivers. California was the first state to receive approval to use Medicaid this way in January 2023. Ten other states have also gotten the green light to provide pre-release services to certain Medicaid-eligible incarcerated people. Melanie Bush, deputy director for NC Medicaid, told NC Health News that she expects CMS to decide on North Carolina’s application this fall.
 Read more here.
Budget Needs
Chantal Brown, Education NC, 8/30/24

After being left without a new budget for this fiscal year, different state agencies highlighted the need for evidence-based decision-making and flexibility at a panel last week hosted by the N.C. Office of Strategic Partnerships.

Panelists at the “Monthly Connect” discussed where state spending and the budget currently stand, and how their different departments adapt to the changes and lack thereof.

“Evidence and data is very important to our department, to state government as a whole, because it tells you what programs are working. It tells you what programs are not working, tells you where you need to probably shift your financial abilities and thoughts and outcomes over based off those programs that may not be working, that we need to readjust,” Sharon Marsalis, budget director for the Department of Public Safety, said. “So (being) evidence-based gives us an ideal roadmap of how we need to build our budget, and how we need to move forward in the future.”

North Carolina operates in two-year legislative sessions. During odd-numbered years, North Carolina’s General Assembly gathers during what is known as the long session. During this time, they create a budget that applies to the next two fiscal years. The fiscal year runs from July 1 to the following June 30. Adjustments are often made during the second year to what has been agreed on.

A lot of decisions that go into forming a budget are informed by the General Assembly’s Fiscal Research Division. In the fiscal research division, they serve as support staff to legislators. If a legislator asked questions related to funding, how programs are administered, or how the revenues are raised, the fiscal research division provides the information on an as-needed basis. The memos, e-mails, and analyses produced in their work are bound by legislative confidentiality — meaning it is up to the legislator if they want to share them with others or not. They also do educational background briefings.

Brian Matteson, director of the research division, said that the priorities legislators have and the information that is available do not always align. “Ultimately, where legislators want to go in terms of what their funding priorities are may not necessarily always align with the best available research,” Madison said. “And then oftentimes, too, there will be priorities where there isn’t much of a research base, or there isn’t really a gold standard, double-blind study that confirms for us the best way to go.”

The General Assembly passed a budget in late September of 2023. Kristin Walker, state budget director of the Office of State Budget and Management, said there is a long history of passing adjustments in the second year of a budget. However, this year, that hasn’t happened yet.

“We are operating off of a real budget, not a continuing resolution, but we don’t have those adjustments, and some of those adjustments are critically important to a few agencies,” Walker said. Walker said there are enrollment increases, funding for the Medicaid rebates, and some other areas where not having a new budget from the General Assembly is creating some hardship for state agencies.

When the state legislature passed their adjournment resolution, they said they would come back and address the budget in November, but panelists said they are not sure if that will happen. Both the House and Senate presented bills with budget adjustments during the short session, but they were not able to reach an agreement.

“Even if the General Assembly and/or the governor aren’t interested in reconsidering the policies that they put in place at the beginning of a fiscal biennium, then usually there are demographic shifts or just changes within the existing program structure that, try as we might, are projections for how many citizens will be participating in the Medicaid program or will have attended a community college class,” Madison said. “Those just are destined not to be 100% accurate.” [Source]  

GOP Ticket
Gary D. Robertson, The Associated Press, 8/31/24

North Carolina conservatives who gathered recently over coffee and pancakes at the Olympic Family Restaurant to support Republican Lt. Gov. Mark Robinson knew about some of the controversial things he has said previously, but they were inclined to be forgiving.

“He’s a good speaker. He made some mistakes in his past,” said Allan Jones, a 59-year-old truck driver, at the campaign event near his home in Colfax. “Haven’t we all? Did we learn from them? Let’s go forward.”

Robinson, a favorite of former President Donald Trump, is the party’s nominee for governor in the November election. He is looking to succeed term-limited Democrat Roy Cooper in a state that has voted for Trump twice and has backed Republicans for the presidency all but once since 1980. Robinson is popular for his working-class history and a blunt-speaking style that at times resembles Trump’s. But Robinson also has a history of inflammatory comments that his opponent, Democratic Attorney General Josh Stein, has said makes him too extreme to lead North Carolina. It raises the prospect that campaign struggles for Robinson could hurt Trump’s chances to win a state he cannot afford to lose to Democrat Kamala Harris.

On a Facebook post in 2019, Robinson said abortion in America was about “killing the child because you weren’t responsible enough to keep your skirt down.” In a 2021 speech in a church, he used the word “filth” when discussing gay and transgender people.

Democrats led by Cooper, a top surrogate for Harris, have tried to make the case that North Carolina’s 16 electoral votes are ripe to win. Trump’s 1.3 percentage point victory in North Carolina over Democrat Joe Biden in 2020 was the narrowest for Trump. Cooper argues that Republican candidates with views closely linked to Trump — Robinson and state schools superintendent candidate Michele Morrow among them — could turn out people who otherwise would not have voted for Democrats.

Stein, after a campaign event last month at Wilber’s Barbecue in Goldsboro, said he did not know whether such views by those candidates would affect the presidential race but he thought they could be on voters’ minds. “These are not normal people or candidates, and I think it’s going to have a big impact on the way voters look at the Democratic Party in our state and the Republican Party in this light,” he said.

There are no public signs that Trump is distancing himself from Robinson, who appeared on the stage for Trump’s recent rallies in the state.

Stein had a lead over Robinson in two polls of North Carolina voters conducted in August. Robinson’s campaign released a memo from a pollster arguing that Robinson has been faring better than the two previous GOP nominees for governor.

“Reverse coattails or other Democratic fever dreams are not real, particularly in a presidential election cycle,” state Republican Party spokesperson Matt Mercer said. “What is real is the electoral strength of Donald J. Trump in North Carolina.”

Stein and his allies have been successful so far in defining Robinson in the closely divided state. Robinson’s views on abortion have been front and center, and Democrats have used a stockpile of footage from Robinson’s social media posts in their television commercials and videos.

Data from AdImpact, which monitors campaign spending, show that Stein has outspent Robinson by more than a 3-to-1 margin since the March primaries, an edge that would widen based on spots reserved between now and the fall general election.

“Mark Robinson is the chief spokesperson for the Josh Stein attack campaign,” said Paul Shumaker, a veteran GOP consultant whose clients included a candidate who lost to Robinson in the primary.

Robinson also has received bad press for his family’s businesses, including a nonprofit run by his wife that state regulators found had numerous problems in administering a child nutrition program.

Robinson says his past words have been twisted by others and he blames the “weaponization” of state government for the attack on his wife’s business. He remains optimistic entering the final two months of the race.

“Certainly when you look at a poll, you may get dismayed by some numbers,” Robinson told reporters outside the Olympic restaurant. “But we’re not looking at numbers, we’re looking at people and we’re going after votes. And we know we can still win this race.”

Shumaker, the Republican consultant, said polling shows Stein is performing better than Robinson among independent voters. One unaffiliated voter, Richard Morgan, 68, attended the Colfax event and votes Republican. He said he has told Robinson that he needs to sharpen his abortion commercial to highlight his support for women. As for Robinson’s past controversial comments, Morgan said he gives Robinson “the benefit of the doubt that he’s a changed man because everybody else does for other candidates” who say things they regret later.

Susie Hess, 64, a retired social worker who attended the Stein event, said the things she has heard that Robinson has said are “horrible.” She said she has voted for Republicans before and believes some of them hold the same values she does, but that does not seem to be the case this year. “Because a lot of them are falling in line with Trump,” Hess said, “they’re kind of giving up on their values.” [Source]  

Trump Campaign
Danielle Battaglia, McClatchy, 8/30/24

Former President Donald Trump is returning to Charlotte next week to address the Fraternal Order of Police’s National Board of Trustees. Patrick Yoes, the organization’s national president, announced Friday afternoon that Trump accepted an invitation to address the board. “President Trump led our nation admirably through some very tough times,” Yoes said. “He provided our nation with strong, effective leadership during his first term, and now that he is seeking election to a second term, we think it’s important to have him join us to talk about all of the issues facing our profession.”

Next week’s visit marks Trump’s fourth visit to North Carolina since President Joe Biden ended his reelection campaign on July 21. Since then, Vice President Kamala Harris became the Democrats’ presidential nominee, tightened the race in North Carolina against Trump, often leading in the polls, and has turned the state from one that analysts said leaned Republican to one that is seen as a toss-up.

On Thursday, during Minnesota Gov. Tim Walz’s first campaign visit to the Tar Heel State, Harris’ running mate said Trump can’t win back the White House if he doesn’t win North Carolina.

Trump had largely ignored the state prior to Harris’ run. He had made a few campaign stops throughout the year, but that paled in comparison to the Biden-Harris campaign, who sent the candidates and their surrogates on a near-weekly basis. Now, Trump has visited Charlotte, Asheville and Asheboro in a matter of weeks.

“We are eager to see President Trump again after meeting with him at Mar-A-Lago earlier this year,” Yoes said. “He was a great friend to the FOP while President and we look forward to hearing from him — and having him hear from us — on the issues important to the rank-and-file officers the FOP represents.” The organization has a seven-member executive board and a national trustee from each of its 46 state lodges. It also includes members from several law enforcement agencies in Washington, including Capitol Police.

Trump is facing charges out of Washington for obstructing Congress’ certification of Biden as president on Jan. 6, 2021. A riot at the U.S. Capitol ensued after Trump told his supporters to march to the Capitol. The insurrection left 174 police officers injured, and left five dead, four by suicide.

FOP endorsed Trump in 2020, but has not yet offered him an endorsement in the 2024 race. A decision on who FOP plans to endorse is expected on Sept. 6 during their meetings. The fall meeting is scheduled from Sept. 4-8. It’s not clear which day Trump plans to attend. [Source]  

Pollution Classification
Adam Wagner, The News & Observer, 8/30/24

This thermal oxidizer is key to Chermours’ efforts to control forever chemical emissions at its Fayetteville Works plant. The N.C. Department of Environmental Quality is asking the EPA to classify four forever chemicals as hazardous air pollutants. North Carolina and two other states are asking the U.S. Environmental Protection Agency to regulate air emissions of four forever chemicals.

On Thursday, the states sent the EPA a petition asking it to classify GenX, PFNA, PFOA and PFOS as hazardous air pollutants.

“Adding these forever chemicals to the list of regulated pollutants addresses a gap in our regulatory authority and makes it possible to tackle a critical part of the PFAS life cycle: air emissions,” N.C. Department of Environmental Quality Secretary Elizabeth Biser said in a written statement.

DEQ was joined by environmental agencies from New Jersey and New Mexico. The states said air regulations are needed to control industrial emissions of PFAS. But they also pointed to the incineration associated with new federal rules requiring removal of forever chemicals from drinking water and polluted sites.

“Without EPA acting on this petition, remediating our land and waters may result in air dispersion of these chemicals into communities or other geographic areas of our environment,” the petition said. [Source]  

Pipeline Construction
Santiago Ochoa, WFDD, 8/30/24

In Lexington, about 20 people attended a meeting hosted by 7 Directions of Service, a nonprofit with a history of fighting pipeline construction in the Piedmont.

The organization is concerned about the risks posed by Williams Companies’ Transcontinental Pipeline Southeast Supply Enhancement Project. The Fortune 500 company is proposing the construction of a 28.5-mile-long pipeline running through Rockingham, Guilford, Forsyth and Davidson counties.

Nancy Thomas, a Wallburg resident in attendance, recently found out she lives within the project’s buffer zone, or the area that could be affected by the pipeline’s construction.”I was like, what does that mean and what can we really do about this?  How is it gonna affect the environment, the neighborhood, the property values,” Thomas said.

Exposure to even small amounts of methane coming out of hard-to-detect leaks can lead to nausea, fatigue, respiratory issues and even central nervous system damage.

A Williams spokesperson said the company actively engages with landowners in efforts to reduce disturbances and minimize environmental impact. [Source]   

Tourism Numbers
Jason deBruyn, WUNC, 8/30/24

Last month, Gov. Roy Cooper’s office heralded big increases in tourism spending. But figures deeper in the report show that employment in tourism sectors still lagged behind.

Tourism revenue topped $35 billion in 2023, a record high and 22% higher than in 2019. Income from that spending, or what shops and hotels made in profit, also hit a record high. But employment was still 6% below levels of 2019.

Wit Tuttell, director of Visit North Carolina, said that disparity comes from a strong labor market. Throughout 2023, the unemployment rate in North Carolina never went higher than 3.6%. As workers find stable jobs they like, it makes it harder for seasonal employers to find help. Tuttell noted that while total employment hadn’t fully rebounded, total payroll did increase.

“It means that the people who are employed in the industry are making more money now,” he said. “That’s a good sign I think, and that’s a sign of part what’s happening coming out of the pandemic. It’s been harder to get the workforce.”

“The bottom line is that the industry is still in a state of not having enough staff to fill all our vacancies,” Tuttell said. The NC Restaurant & Lodging Association has been running a campaign to attract workers into the industry. A jobs tracker on the site shows more than 3,000 vacancies, including more than 2,000 entry-level vacancies. [Source]  

Hostage Death
WTVD News, 9/02/24 

North Carolina political leaders are reacting to the news that a hostage who was an American citizen was found dead in Gaza. Gov. Roy Cooper shared his condolences for Hersh Goldberg-Polin and his family in a post Monday on X, saying in part “I met Hersh’s parents and they have been courageous in ways no parents should ever have to be. I’m praying for them and the other hostage families.” 

Sen. Ted Budd, R-NC, who has been outspoken about the hostage situation in the Middle East, reacted Sunday. “We are devastated by news of Hersh Goldberg-Polin’s death. Having gotten to know Hersh’s parents, Jon and Rachel, over the last agonizing 330 days, we cannot imagine the pain and grief they are experiencing. We are praying for God to comfort them and all of Hersh’s loved ones,” Budd said in a statement. Budd has been speaking out about the hostage situation in Gaza since Oct. 25 when he announced his intention “to hold all humanitarian aid to Gaza until each and every American hostage is home and is safe.” Budd visited the Middle East in January where he spoke with the wife of a North Carolina man who was being held hostage in Gaza. 

A Hamas-issued video in April showing Goldberg-Polin clearly speaking under duress sparked new protests in Israel urging the government to do more to secure his and others’ freedom. The news of the six hostages’ deaths sparked new protests in Israel. [Source]  

Nurses Strike
Joel Burgess, Asheville Citizen Times, 9/02/24

A strike vote by nurses at Mission Hospital has been delayed and extended through the weekend after union leaders said many who wanted to vote have not been able to because of short staffing, which they say is a continuing problem at the hospital.

The vote, if it gains a majority of the 1,600 union and non-union nurses, would give union leaders the option to call a strike. It signals an escalation in tensions between staff and management. Should nurses strike, federal law requires they give 10 days notice. The hospital has been advertising for strike nurses to fill in.

Nursing staff is at odds with Mission’s owner, HCA Healthcare, over issues such as pay, staffing numbers and improving recruitment and retention as well as guaranteed bathroom and meal breaks. Voting started Aug. 25 and was to end Aug. 29, taking place in the hospital cafeteria.\

But Hannah Drummond, a nurse and union leader, told the Citizen Times on Aug. 30 “many who have been enthusiastic about it have not been able to vote.”

“They don’t even eat while they are at work, so they haven’t been able to pop in during the 11 a.m. to 2 p.m. session,” said Drummond, an 11-year nurse now working in heart catheterization recovery. Drummond said the best information she could give about the new timeframe was “through the weekend.” Monday, Sept. 2, is the Labor Day holiday.

Nurses unionized in 2020 after the nonprofit Mission was bought for $1.5 billion by HCA, a for-profit organization and the largest owner of hospitals in the country. The nurses have worked without a contract since their first agreement with HCA expired on July 2. Negotiations, including a last meeting between the parties on Aug. 27, have not yielded a deal.

“We make a little bit of progress every single session we go to, but we haven’t gotten serious offers that we are comfortable with accepting from the hospital yet on recruiting and retaining nurses. And we’re getting nothing from them regarding improving staffing,” she said.

Staffing issues in two particular departments, emergency and oncology, are the subject a lawsuit brought against HCA by state Attorney General Josh Stein.

HCA spokesperson Nancy Lindell, responded to a query by the Citizen Times, saying HCA had made a “very significant wage proposal” and would continue to “bargain in good faith.” The process, she said, had led to agreements on parking, uniforms and technology, as well as significant progress on health benefits, safety and education support. “We hope that we can conclude these negotiations and move forward together in caring for patients,” Lindell said. [Source]  

Handgun Permits
Woody Cain, WFAE, 8/30/24

Mecklenburg County Sheriff Garry McFadden says a settlement has been reached in a lawsuit over the processing time for county handgun permits. The lawsuit was filed in Nov. 2022, with seven plaintiffs alleging a provision in the concealed handgun permit law was unconstitutional and violated both the 2nd and 14th amendments. They also said McFadden was using the law’s mental health provision to drag out the application process.

In a press release Thursday, the sheriff’s office says it will pay $5,000 for plaintiff’s legal fees but no damages and will ask each applicant if they have sought mental health treatment, require the applicant to list the provider, then issue or deny the permit within 45 days. [Source]  

Farm Relief
WTVD, 9/01/24

US Department of Agriculture Under Secretary Robert Bonnie is getting a first-hand look at how North Carolina farmers are dealing with extreme weather. As you may know, it’s been a tough year for farmers after having periods of extreme heat leading to drought and then heavy flooding from Tropical Storm Debby.

Earlier this year, nearly every county in the state was put in a high classification for drought. That’s something we’ve only seen twice since 2000. The North Carolina Farm Bureau posted a video on social media. Bonnie talked with Wilson County farmers and Farm Service Agency (FSA) leaders to talk about relief efforts.

“Unfortunately North Carolina farmers have been hit with gut punches over the last several months,” Bonnie said in the video. “Drought, heavy rain, and then of course a hurricane.”

In the video, Pender Sharp, a Wilson County farm, said they’ve lost about 88 acres of sweet corn — about $300,000 worth. They have also lost a significant amount of tobacco just from the rain and wind. “But, the real damage is coming now,” he said. “With the water that’s still on the ground rotting the roots of the tobacco…it could easily cut our volume in half, which would cut our income in half.”

Leaders said they’re looking at how the state and federal government can help these farmers.

“Congress needs to act,” Bonnie said in the NC Farm Bureau’s social media video. “We need a farm bill and that’ll help us respond to situations like this. I think it gets lost sometimes how important agriculture is to the state of North Carolina — a critical part of the state’s economy.” [Source]  

Chancellor Housing
Ray Gronberg, Business NC, 8/30/24

East Carolina University is once again on the market for a house for its chancellor. Back in 2018, the ECU Foundation through a shell company spent $1.3 million to buy an 8,243-square-foot home just south of Greenville for the chancellor’s use.

Apparently, this has proven unsatisfactory. WCTI and the Greenville Reflector report that the plan now is to install Chancellor Philip Rogers and his family in temporary housing.

The TV station says the foundation is leasing “a traditional three-bedroom house” in Winterville, a Pitt County town south of Greenville. The media outlets say the 2018 purchase, which is in the Star Hill Farms neighborhood near Greenville Country Club, needs repair.

The foundation later added to the Kariblue Lane property, spending $1 million in 2022 to buy two adjacent, empty lots. That enables more parking for university events. WCTI cites ECU trustees Chairman Jason Poole as saying it’s a good time to decide whether a smaller house would better meet the university’s needs and culture. The idea is to lease the Winterville house for a year, sell the current one and “find a new official residence” for the chancellor, WCTI says.

A controversy preceded the 2018 purchase. Up to then, East Carolina’s chancellors lived in the Dail House, a 1930 two-story house on East Fifth Street across from the university’s main quad. It was deemed lacking for university functions, and the property also needed renovation.

Former Chancellor Steve Ballard told the Reflector back in 2018 that the location suffered from a lack of privacy and a proximity to downtown, where shootings and bar traffic raised security concerns.

Critics including Harry Smith, an ECU grad who was on the UNC System’s Board of Governors, thought the acquisition was too lavish for an institution that’s supposed to be a beacon for Down East’s Tier 1 communities. The foundation bought the home from Greenville dentist Rick Webb, who WITN says was a former board member of the group. [Source]  

Sheriff Lawsuit
Lexi Solomon, The News & Observer, 8/30/24

A federal judge ruled Friday that two former Wake County deputies will receive $500,000 each after former Sheriff Gerald Baker retaliated against the pair for reporting another officer’s alleged homophobic and racist remarks.

Baker, who was sheriff from 2018 to 2022, was sued in federal court by former deputies Steven Williamson and Alvis Speight in 2021. They accused Baker of firing them after they had reported a lieutenant’s “homophobic and racially discriminatory” remarks about gay people and Muslims during a training session in May 2017, according to the lawsuit.

In a statement Thursday night, the Wake County Sheriff’s Office acknowledged “the recent decision regarding a lawsuit involving personnel actions that occurred under a previous Sheriff’s administration.”

“Despite that outcome, the Wake County Sheriff’s Office under the leadership of Sheriff Willie Rowe remains dedicated to moving forward and upholding its commitment to the highest standards of integrity and service to the citizens of Wake County,” the statement released by Capt. D.R. Jones said. Baker’s lawyers said Friday they could not comment on the case.

Two years ago Baker settled another lawsuit out of court with Richard Johnson, a former deputy and chief of operations who had sued his former employer in 2020 for over $1 million, also alleging wrongful termination, The N&O previously reported. Johnson was discharged from the Sheriff’s Office in 2018, shortly after Baker defeated Harrison. He claimed he lost his job out of retaliation. The suit was settled for $99,999, a third of which went to Johnson’s legal fees.

Baker, who had called the suit a politically motivated act to disparage him, made “no admission of liability,” his then-spokesperson said in a statement. [Source]  

Police Trainers
Joel Burgess, Asheville Citizen Times, 9/02/24

A state board has revoked instructor licenses of three of six police trainers who had their cases heard over a now-closed law enforcement training program at a Henderson County community college. Two of those facing revocation are Western North Carolina police chiefs and the other is a high-ranking officer. They are expected to appeal the Aug. 23 decisions by the N.C. Criminal Justice Education and Training Standards Commission.

In addition, the Justice Standards Commission suspended seven teaching certifications held by Director of Basic Law Enforcement Training for Blue Ridge Community College, David Hensley. Justice standards officials did not respond to an Aug. 30 question about the next steps in terms of Hensley’s licenses. His certification as a BLET director expired in May, the same month the program was shuttered.

The commission closed the program after finding “egregious” rule violations that included verbal and physical abuse of students with some suffering serious injuries.

Along with shutting down the program, the Justice Standards Commission suspended the teaching licenses of six instructors. Now, following the August hearings in Raleigh, three have had them restored: Polk County Sheriff’s Deputy Bryan Baldwin, Rutherford County Sheriff’s Deputy Joseph Ellis and Transylvania County Sheriff’s Capt. Chase Owen.

Owen, who spoke with the Citizen Times, was teaching patrol techniques, and while a student was injured, he said it was an accident that did not result from violations.

The most serious issues occurred in the specialized subject control arrest techniques classes, officials said. The three trainers who have now had their certifications revoked were teaching the SCAT section: Waynesville Police Chief David Adams, Columbus Police Chief Scott Hamby and Brevard Police Capt. Dan Godman.

The hearings are not public. [Source]
UNC Party
Korie Dean, The News & Observer, 9/02/24

After riding a monthslong wave of social media fame that even led to an appearance at July’s Republican National Convention, UNC-Chapel Hill fraternity brothers who held up the American flag during an April campus protest got the “rager” that a $515,000 GoFundMe promised to throw them. “Flagstock 2024,” an invite-only concert featuring country musicians Big & Rich and Lee Greenwood, among others, was held Monday evening at the Chapel Hill American Legion. Organizers chose to not disclose the location ahead of time in an effort to prevent protests, John Rich of Big & Rich told reporters in a virtual press conference last week. 

Flagstock, which is not sponsored by the university, stemmed from a tense day of protests on the Chapel Hill campus this spring. Police in the early hours of April 30 disbanded a four-day, pro-Palestinian “Gaza Solidarity Encampment” on Polk Place, charging three dozen protesters with trespassing, including six who were arrested. Organizers said Monday that they distributed about 3,000 tickets and expected about 1,000 people to attend.

Those numbers were down from a previous estimate organizer Susan Ralston — formerly a special assistant to President George W. Bush — gave reporters last week. At that time, Ralson said organizers planned to distribute between 6,000 to 7,000 tickets, with 2,500 to 3,000 expected to attend. A few hundred people appeared to be present Monday evening. An official attendance account was not immediately available. 

Brendan Rosenblum, a UNC student and a member of Jewish fraternity Alpha Epsilon Pi who held the flag up in April, agrees with onlookers’ assessment that he and other fraternity members participated in a “patriotic act” that day. But he views the event and the rhetoric that has surrounded it in a more somber way. While others may view the pro-Palestinian protesters as “a mob” — as one member of the campus Pi Kappa Alpha fraternity said at the Republican National Convention in July — Rosenblum sees them as his fellow students, and views the events of April 30 as a failure from multiple groups to foster civil discourse about the war in Gaza. He worries that Flagstock will cause more division, and that the event is a distraction — both from what he and his fraternity brothers were trying to accomplish that day, and from the ongoing war in Gaza. 

Despite some organizers’ ties to Republican leaders and some fraternity members’ appearance at the RNC, Flagstock organizers emphasized that the event was not intended to be political. Still, performer Aaron Lewis at one point sang “F*** Joe Biden” in his song “Let’s Go Fishing.” [Source]  

Disappearance Reward
Woody Cain, WFAE, 8/30/24

Gov. Roy Cooper says the state is offering a $25,000 reward for information leading to the arrest and conviction of whoever is responsible for the disappearance of eleven-year-old Madalina Cojocari from Cornelius, who hasn’t been seen since Nov. 2022 and her parents have both said they believe the other knows where she is. Madalina’s mother, Diana Cojocari pled guilty back in May to failing to report a missing child. Her stepfather, Christopher Palmiter, was found guilty by a jury of the same charge.

In a different case, the Governor’s office said the state is also offering a reward for information about the murder of 19-year-old Uriah Diondreus McCree in March 2022 in Gaston County. He was shot multiple times and found along I-85 in Bessemer City. He later died from those injuries. [Source]  

Dune Fencing
Trista Talton, Coastal Review, 8/30/24

The state Coastal Resources Commission is pushing ahead with a proposed rule change to allow wheat straw bales to be placed on ocean shores as a means of protecting dunes. The commission, which adopts rules and policies for coastal development in North Carolina, on Wednesday unanimously approved the fiscal impact analysis of the proposed rule during its quarterly meeting.

The fiscal analysis, which measures how a rule may affect a government’s revenue and expenditures to help prepare for or prevent budget shortfalls, has also been approved by the North Carolina Department of Environmental Quality and Office of State Budget and Management, or OSBM.

The proposed rule change may save local governments, state and federal agencies and large, oceanfront homeowners associations, or HOAs, the headache of waiting for sand fencing to become available during times when it is in high demand, according to Heather Coats, Division of Coastal Management, or DCM, beach and inlet project coordinator. But the division does not expect a significant uptick in the use of straw bales, she said, because they tend to cost more than traditional sand fencing, would need to be replaced more frequently than fencing, and the verdict is still out on how efficiently bales trap sand.

The cost for a 10-foot section of wheat straw bales ranges between an estimated $30 to $72, according to information gathered by DCM staff with input from the OSBM. A 10-foot section of traditional sand fencing costs an estimated $12 to $24.

Only local governments, state and federal agencies and large, oceanfront HOAs are permitted to use straw bales under the proposed rule, which includes additional review requirements by wildlife agencies because little is known about their potential impact to nesting sea turtles. [Source]  

Gaston Incentives
Kara Fohner, The Gaston Gazette, 9/01/24

A developer is looking to construct a 170,000-square-foot shell building in Gastonia, which could attract more industry to Gaston County. The Gaston County Board of Commissioners unanimously approved an incentive grant for the project, code-named Project Nexus, Tuesday evening.

The building, if constructed, would be built on a vacant piece of property next to a rail line on Cox Road, across from Piedmont Plastic Surgery, said Alisha Summey, the assistant director of the Gaston County Economic Development Commission, in a meeting with the Board of Commissioners. A facility of that size would attract prospective tenants, potentially bringing more industrial development to Gaston County.

No further details about the project were released, but the Gastonia City Council will also consider an incentive grant for the project. [Source]  

Holly Ridge Mayor
Morgan Starling, The Jacksonville Daily News, 8/30/24

The town of Holly Ridge is accepting applications beginning Sept. 1 for who will fill the mayor vacancy left suddenly by Jeff Wenzel earlier in August. Wenzel, who had been serving as mayor for the last four-and-a-half years, announced his effective-immediately resignation during a special-called meeting of the Holly Ridge Town Council on Aug. 19. The meeting was initially scheduled to fill the council seat left by Carolyn Stanley, who passed away in July.

Wenzel’s is the third vacancy left on the town council just this year. Councilman Pete Parnian filled Aaron Ritter’s seat back in March following Ritter’s resignation, and Councilman Walter Zabicki was chosen to fill Stanley’s seat during that same Aug. 19 meeting.

Wenzel said in a statement on his Facebook page the morning of Aug. 20 that Holly Ridge has grown immensely since he became mayor in 2020, and he has come to realize his work schedule no longer allows him to fulfill his mayoral duties as fully as he would like.

The community and much of the town council themselves were left shocked by the sudden departure. A special meeting was held Tuesday, Aug. 27, to address how to go about filling the vacancy left by Wenzel, and Mayor Pro-Tem Joshua Patti said this was a total surprise to him, and he was made aware of the resignation via text message.

Ultimately, a motion was made to begin accepting applications for a period of two weeks from Sept. 1 to Sept. 14. A special meeting will then be held at a later date to conduct interviews and likely select a new mayor. [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
Tuesday, Sept. 31:30 p.m. | The Accountability 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.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
Tuesday, Sept. 31:30 p.m. | Gov. Roy Cooper to tour Leicester Elementary School, 31 Gilbert Road, Leicester.Friday, 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/mountainstatefairFriday, Sept. 272024 Lumbee Powwow, Lumbee Tribe Cultural Center, 638 Terry Sanford Drive, Maxton.

Q&A: Schwab says voter fraud ‘lies’ are fading in Kansas

With the first presidential election since 2020 drawing closer, Secretary of State Scott Schwab said he’s fielded questions about whether 2024 will be “horrible.”

After all, the 2020 election aftermath included the Jan. 6, 2021, U.S. Capitol breach and ongoing questions about the results and overall election security.

But Schwab has continued to push back against “lies about the lack of integrity in Kansas elections.”

“It’s going to be better than 2020 because we’re not in a pandemic,” Schwab said. “That right there will make this election better.”

Schwab recently spoke with State Affairs about various topics, including his belief that the election denial movement in Kansas is dying down, the need for younger poll workers and concerns about social media influence.

The conversation has been edited for clarity and length.

Q. We’re now heading into the general, which is the third of the three elections in Kansas this year. How would you characterize the first two?

A. Everything’s gone smoothly. The lies about the lack of integrity in Kansas elections are starting to fade. I mean, how many times can you disprove them? In 2021, it was hitting a fever pitch, and it was a little shocking that people claimed there’s massive fraud in the Trump election in Kansas. I’m like, “You know, he could contest his victory if he had a concern with Kansas,” which he did not.
But you have folks that make money off lying. It’s nothing new under the sun. The following of those people who had a chorus of “The elections are horrible and our local people are messing up,” seems to be waning, and that’s fantastic. Most of the people who campaigned on voter fraud in the primary lost miserably.

Q. One of those people would have been in Johnson County, Sheriff Calvin Hayden. What message do you think it sends by seeing people like him lose?

A. People that lead through a position of being misguided or intentionally trying to misguide people do not survive long in leadership roles, and that’s exactly what that says. Whether he was lying or he believed a lie, that’s political suicide. Our job as political leaders and state and community leaders is to find the truth and echo it. Sometimes it’s opinion, and sometimes it’s factual. His accusations on elections were not factual, and they weren’t opinion. They were just crazy.

Q. Drop boxes were obviously one of the key sticking points.

A. Go to Liberal, Kansas. You’re as close to Santa Fe, New Mexico, as you are to Kansas City. If you put your ballot in the post office, it goes to Santa Fe, New Mexico, to get processed to hopefully show up just across the street at the clerk’s office. Or you just put it in the drop box at the clerk’s office that has a camera on it. It’s handled by Kansans, who are subject to Kansas ballot custody laws.
Why would you ever give your ballot to the federal government? The folks that were trying to ban drop boxes were pushing more federal influence on elections. I’m like, “This is a bad idea,” and we won.

Q. Something that helped in regards to showing the accuracy of elections was the post-election audit, which started in 2019.

A. That was a bill I voted for in 2018 [as a representative]. I wasn’t super-excited about it because I know our county clerks are under so much duress already, especially the smaller counties. But it has bailed us out time and time again as people claim there’s fraud. There are errors in elections. That’s not fraud. That’s an administrative mistake.
Most of our election workers are volunteers. I don’t know of any clerk in the state of Kansas that majored in elections in college. It’s on-the-job learning, so sometimes there may be a mistake or an error. No candidate or voter is harmed by that, and it’s the audit that helps us find those errors or prove that there were no errors. But every time when we said this person won, the audit showed they did actually win.

Q. Do you have a clear picture of the number of poll workers who are still needed to help, particularly since there were three elections this year?

A. If there was one positive about the presidential preference primary, it gave us more time for new poll workers to learn this process in a significantly less stressful environment. We’re not really struggling too hard to recruit poll workers. It’s just that our more seasoned ones didn’t come back after the pandemic, so we lost significant institutional knowledge. It’s nothing that you won’t get back, but it takes a couple of election cycles to get that back. And it’s coming back, but it’s just more work.

Q. How much of the poll workers not coming back would you attribute to the pandemic and how much to the post-2020 election atmosphere?

A. I think it’s mostly the pandemic. Coming into 2020, 2018, 2016, 2014, when you’d go vote, most of the poll workers were senior citizens. Well, all of a sudden that’s a high risk of COVID fatalities. Many of our senior citizens that worked the elections and have been doing it for decades, they didn’t go in, and once they took a year off, they didn’t want to come back. Several did, but several did not.

Q. How does the state move to a situation where there are more younger poll workers?

A. We’ve created our YES Program — Youth Election Service. The advantage of this program is we’re working with school districts and the state school board to say, “Hey, you can take a day off school. You can get paid and get credit for working in an election.”
You can be as young as 16 in the state of Kansas to be a poll worker. We’ve been encouraging some of those senior citizens or folks such as myself that might be in their 40s or 50s that if they have a 16-year-old child, work the poll with your child or your grandchild. And that’s been catching on. Things like that is what makes it more fun as opposed to just rolling through 12 hours of an election service day.
Those are some of the things we’ve done to get young people involved, and it looks great on a scholarship application or a job application or an internship application or qualified admissions application.

Q. Michigan Secretary of State Jocelyn Benson recently mentioned how they were doing a pilot program for what’s essentially a panic button for election officials to use to contact law enforcement. Have there been any discussions of something security-related like that here?

A. No, and the way her state is run is completely different from ours because she pays for all the equipment. We don’t. The county pays for it. I kind of like our model better because I think elections are run better if they’re funded and administered locally. We just set guidelines and then help administer the law.
Whether or not there would need to be a panic button at a polling place would determine more on where that polling place is. Is there more concern in Johnson, Sedgwick or Shawnee County as opposed to Elkhart, Kansas? I don’t think [Elkhart is] going to be a high target. There’s only one or two polling places in the county, and everybody knows each other. Those bigger counties already create a rapid response plan with local law enforcement. That’s Homeland Security, oftentimes — the sheriff’s department and local city police as well.
Our big thing is we’ve reached out to minority communities, saying, “Hey, we’re going to have police by polling places, but they’ll be unmarked.” If it’s a community of color, we’ll try to have a police officer or a person of color because we don’t want to have a sense of Selma, Alabama, but at the same time, we want there to be safety. Our law enforcement has been compassionate and empathetic about that but also vigilant about being able to respond.

Q. With the model that Kansas is under, how much does your office factor into trying to establish the number of polling locations?

A. It’s up to the county to do it. For years, Sedgwick County was under a significant number of what they needed for polling places. They were the only county in the state in 2022 that had waiting lines because back in the early 2000s they said, “We’ll have fewer polling places, but we’ll mail an advance mail application out to every voter in the county.”
Statistically, a third of the voters vote by mail, a third vote in person early and a third vote on Election Day. They did that and eliminated polling places, and that didn’t change. It didn’t drive more people to vote in advance by mail. So now they don’t have enough polling places.
[Sedgwick County Election Commissioner] Laura [Rainwater] has a really good relationship with the county, and they increased the number of polling places significantly. That has kind of been a relief, which is part of the reason why she has been able to report so early, because she has more polling places and people aren’t having to wait in line quite as long.

Q. What would you say is the most important need right now to ensure the general election goes well?

A. I’m not sure it’s a need. It’s a concern. International threats are always a concern. Seeing Russian influence in public media is disturbing. And seeing foreign influence through social media about elections, whether it’s through videos, false articles, GIFs or means that are not only not true but they’re not even logical. It’s an ongoing threat. It’s frustrating, and we are constantly finding ways to combat that because we want the people in Kansas to be able to base their decision on who they’re gonna vote for on the values they value and the facts of the situation.
When you have foreign nations influencing your voter public through social media and affecting actual media, that’s concerning. I’m not a loud enough voice to be able to bat it back. There are national spokespeople who have a louder voice than I do. I mean, half the people in Kansas don’t even know who the secretary of state of Kansas is.

Bryan Richardson is the managing editor at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected] or on X @RichInNews.

Ninja invasion: Mysterious figurines help Capitol Police break the ice

A mysterious force of invaders has been infiltrating the Statehouse and plaguing the Capitol Police since the start of the 2024 session.

The good news? They’re under an inch tall.

“We started occasionally getting a figurine of some type,” Capitol Police Lt. Greydon “Grady” Walker said.

The toys, mostly miniature ninjas, were first found in one of the offices in the lower level of the Statehouse, he said. Maybe in the Kansas Legislative Research Department — but Walker can’t verify that.

“We have a housekeeper here that is really good about turning anything that he finds in, whether it be a penny or anything,” he said. “He just started bringing them.”

The invasion has continued ever since. Hundreds of figurines — primarily tiny ninjas, but also ducks and other creatures — have turned up throughout the Kansas Statehouse.

“We’ve had some come, some go. Some get thrown away,” Walker said. “And we’re still getting them now.”

The mystery figurines began to accumulate at the security checkpoint in the visitor center, often lined up along a glass window where lawmakers, staff and other authorized regulars swipe into the Capitol. Walker said he’s not sure why the figurines found their way to his department, but it’s become the local spot to drop them off.

“It’s been a great conversation piece,” Walker said. “People come to the Statehouse and say, ‘Hey, what is that?’” He jokingly tells visitors that the ninjas are “our protection — they help us out here at the Statehouse.”

When schools or families visit, children are fascinated with the legions of tiny plastic people. Walker said officers have given away many of the figurines to kids over the past six months.

Capitol police have yet to investigate who is behind the figurine invasion, so it remains a mystery.

“The building’s so big,” Walker said, and officers and janitors alike have discovered them “on every floor.”

They’ve been found nearly everywhere, including on one of the yellow posts by the entry to the underground parking garage. “So somebody’s been very creative,” Walker said. But none has been spotted, or at least none he’s aware of, inside either of the legislative chambers — yet.

“It certainly has broken the ice with a lot of people that just come in here and never say a word that work here,” Walker said. “It’s certainly opened up discussions.”

Brett Stover is a Statehouse reporter at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected] or on X @BrettStoverKS.

Most of Hobbs’ executive deputy directors to be renominated

Hobbs is renominating only 16 of her 19 “executive deputy directors” to the Senate after making an agreement with Senate leadership earlier this week. According to Christian Slater, Hobbs’ communications director, David Lujan at the Department of Child Safety, Karen Peters at the Department of Environmental Quality and Dana Allmond at the Department of Veterans’ Services will not be renominated as directors. Slater said the Senate refused to compromise on those appointments in negotiations. “With the re-nominations, the Governor is delivering on her promise to put aside partisan politics and deliver sanity and stability to state government,” Slater wrote in a statement. “Moving forward, she expects a fair confirmation process, not a political circus, and stands ready to work with anybody in the senate who will join her in putting everyday Arizona families over partisan games.” Lujan, Peters and Allmond will instead serve as deputy directors of their respective departments. Ben Henderson, Hobbs’ director of operations, will be appointed interim director of DCS and ADEQ, while John Scott will be appointed director of ADVS. One of the executive deputy directors who will be sent back to the Senate for renomination was already rejected by the Senate Committee on Director Nominations. Joan Serviss of the Arizona Department of Housing drew Hoffman’s ire for alleged plagiarism, and her rejection led Hobbs to withdraw her nominees and appoint the executive deputy directors. Slater said Senate leadership only named Lujan, Peters and Allmond as no-gos and said any questions about the remaining nominees would have to be directed to Senate Republicans. 

Judge orders redaction of electors’ grand jury transcripts

A judge solidified a protective order requiring grand jury transcripts sent to defense counsel be redacted to obscure the names and identities of the grand jurors. After the state brought to the court’s attention that an attorney for Christina Bobb publicly filed transcripts including jurors names, Judge Bruce Cohen, a Napolitano appointee, sealed the record and proposed the state redact the transcript going forward. In an order today, Cohen wrote, “There is significant public policy to support such a request, and the publicity surrounding this case only heightens the need for the information to remain private.” He continued, “This matter is extremely high profile, with public interest spanning the country. Allowing the dissemination of identifying information can be detrimental to the privacy and safety rights of those who served on the Grand Jury. Examples of this potential harm are plentiful around the country, but this court is electing not to detail that which is unassailable.” Cohen noted, though, there was “extensive dissemination of the transcript” before the state sought relief but agreed to prevent further dissemination through having the state redact existing transcripts and identify jurors with a letter or number instead and asked defendants to “employ best efforts” to regain possession of all unredacted transcripts. And he asked defense counsel to disclose to the state whether there were unredacted transcripts previously floating around and confirm they had secured their return. He put the defendants on notice that disclosing any information from unredacted transcripts would be a violation of the order.

Attorney complaints met with little discipline 

Forty to 50 complaints against election attorneys led the administrative director of the court to petition for a change to the bar complaint process to make it so only those with direct links to cases can be fully heard as a complainant. Relatively few of the complaints resulted in discipline, though, according to information provided by the State Bar. Since 2020, the Bar has received a total of 58 charges filed related to election litigation spread across 32 lawyers. A total of 27 additional charges spanning 19 attorneys went to Independent Bar Counsel, an office established by the Arizona Supreme Court to address matters in which the State Bar Lawyer Regulation Office has a conflict of interest. Of the 58 charges to the State Bar, seven resulted in formal complaints with the Presiding Disciplinary Judge. Two charges were resolved with a consent agreement; one charge, levied against Daniel McCauley, attorney in Finchem’s election contest, resulted in a 30-day suspension with a one-year mandatory retirement status; one resulted in a reprimand; and one, levied against Lake attorney Bryan Blehm, ended in a 60-day suspension. As for the IBC’s charges, two were resolved with the imposition of an admonition with probation, one of which involved Kolodin. In sum, 49 of the State Bar’s 58 charges have been dismissed and 18 of the IBC’s 27 charges have been dismissed.

Marsh hopes to teach legislature a thing or two about compromise

In the highly competitive district of LD4, which leans slightly for Republican candidates, Marsh said bipartisanship and balance is most important to her constituents and her approach as a lawmaker. She said her experience as an educator has significantly shaped her perspective as a lawmaker. “A good teacher has to find the bridge to that reluctant child or that reluctant learner, and that same skill set translates to the Senate, trying to find some sort of common ground with as many people as possible,” Marsh said. She related reading bills that are introduced to grading essays in a classroom setting. Students are graded based on the quality of their work, she said, not the type of student they are. That is the same approach that should be taken in analyzing bills, no matter the party of their sponsor, Marsh said. “Right now, bills that are very small and would actually help people or prevent danger don’t even get a hearing,” Marsh said. For instance, she said her bill which would have required private school teachers at schools that accept Empowerment Scholarship Account funding to get fingerprint checks never got a hearing during the 2024 legislative session. Ensuring that all educators meet the basic qualifications to be near children is a “no brainer,” she continued. “I have been told, you know, flat out to my face by a Republican colleague that my bills won’t see the light of day because I’m a Democrat, and worse, that I’m in a competitive district, and that’s not the way to govern,” Marsh said. LD4 is currently represented by two Democrats and one Republican. Marsh has fended off Republican challengers in the last two election cycles, but her GOP challenger, Carine Werner, seeks to turn the seat red in November.

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