Federal court rules against state’s limits on super PAC contributions

A federal appeals court has sided with the push by attorney James Bopp to void a state law prohibiting corporations from giving money to super PACs.

The prohibition has not been enforced by state election officials, but the 7th Circuit Court of Appeals granted Bopp’s request that it be blocked as violating the U.S. Supreme Court’s Citizens United decision in 2010. 

The appeals court’s 3-0 decision released last week comes in a case filed by Bopp in federal court in 2021 for the Indiana Right to Life Victory Fund and Bloomington-based radio station owner Sarkes Tarzian Inc.

They argued the fund’s political activities were threatened because Sarkes Tarzian wasn’t willing to risk breaking state law by making a $10,000 contribution to the anti-abortion group.

Court rules promises insufficient

The Chicago-based appeals court found that even though the Indiana law hasn’t been enforced, it still could have a chilling effect on contributions to super PACs. 

The Supreme Court’s Citizen United decision found that limits on corporate contributions to super PACs for independent expenditures in political races were unconstitutional under freedom of speech protections.

The appeals court said assurances from state election officials that they would not enforce the ban were insufficient.

“The necessary promises fall well short here,” the decision said. “Indeed, not every defendant — most especially the State’s Attorney General — has filed an affidavit or taken any official action purporting to disavow any intent to enforce the challenged provisions against a company like Sarkes Tarzian and a super PAC like the Fund.”

Democrats decry possible state impact

The Indiana Democratic Party criticized Bopp and state Republican leaders for exposing the state to “mega donors” looking to “buy elections.”

“By bringing the Citizens United doctrine to Indiana, they are opening the floodgates for millions of dollars by special interest groups and large corporations to influence our elections for governor down to your local school board,” state Democratic Party Chair Mike Schmuhl said in a statement.

Bopp, a former vice chair of the Republican National Committee who was among the lawyers who pushed the Citizens United case to the Supreme Court, said corporations have First Amendment protections and disparaged the Democrats’ statement.

“Corporations can’t contribute to candidates, but they can argue in favor of a candidate or against a candidate, as long as that is independent [of the campaign],” Bopp told State Affairs. “They are wanting to really mislead people on the effect of the ruling.”

Appeals court orders injunction against law

Bopp won a ruling from the Indiana Supreme Court in September saying state election law prohibited corporations from giving money to super PACs. 

The state justices took up that question after the federal appeals court had ruled it couldn’t determine the constitutionality of Indiana’s law without a state court determination of the law’s limits.

The federal appeals court’s opinion overturns a 2022 decision from U.S. District Judge Sarah Evans Barker in which she found the Indiana Right to Life Victory Fund had “failed to establish a credible threat of enforcement of the election laws which they have challenged.”

The appeals court sent the case back to Barker with instructions to issue a preliminary injunction blocking enforcement of the law against the fund or Sarkes Tarzian.

Attorney General Todd Rokita’s office had argued it was not necessary for federal courts to block the law as no state officials intended to enforce it.

Ruling follows Bopp’s withdrawal from cases

The appeals court ruling followed Bopp’s withdrawal last month from several cases in which his Terre Haute law firm was representing the Attorney General’s Office in state and federal court.

Bopp’s contract with Rokita’s office included a provision allowing Bopp to continue pursuing the super PACs case while representing the state in other matters.

Bopp said Monday that the super PAC case had nothing to do with his withdrawal decision but declined, as he did last month, to discuss why he did so amid Rokita’s reelection campaign.

“I support him for reelection. I’ve contributed to his campaign. In fact, I’ve hosted a fundraising reception that was very successful,” Bopp said. “It’s just I am not willing to continue to be outside counsel for their office.”

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

Wake Up Call for Monday, August 12, 2024

Musical comedy about John McCain, Trump to open Arizona Capitol Times For most people, off-Broadway musicals and political campaigns don’t have much in common. But for three Arizona politicos-turned-theater-producers who created a musical about Sen. John McCain, the two are actually pretty similar.  Tight races could leave Senate equally divided Arizona Capitol Times With Democrats aiming to flip the Legislature and Republicans defending their slim majority, consultants said the Senate could see an equally split chamber for the first time since 2000.  New faces poised for Legislature after primary wins Arizona Capitol Times Despite incumbents largely dominating their primary election races, both the state House and Senate will see some turnover with several current lawmakers departing for various reasons.  Pinal County supervisor asks attorney general to investigate primary election results Votebeat A Pinal County supervisor who lost his bid for sheriff is asking the Arizona Attorney General’s Office to investigate the county’s primary election results, claiming that he has identified a suspicious pattern that signals they are inaccurate. Effort underway to keep justice who is under fire for abortion ruling on Supreme Court Capitol Media Services A conservative political activist has launched a campaign to convince voters not to oust Clint Bolick from the Arizona Supreme Court. Court keeps names of low-level election workers secret Capitol Media Services Members of the public aren’t entitled to know the names of election workers who review the signatures on ballot envelopes, a judge ruled Thursday. Group folds effort to raise minimum wage Capitol Media Services Arizonans won’t get a chance to vote in November to raise the state minimum wage. Winning candidates must be on right side of Social Security Arizona Capitol Times While it’s an understatement to assert that the presidential election has shifted dramatically since the first debate of the presidential election season – the then-nominee President Biden has since dropped out of the race while his opponent, former President Trump, survived an assassination attempt – that first debate was noteworthy for reasons other than the dramatic chain of events that precipitated from it. Supreme Court reform crucial for LGBTQ+ protection Arizona Capitol Times The MAGA-captured U.S. Supreme Court is mounting attacks on LGBTQ+ Americans. President Biden just announced his court reform proposal to help stop them. We know from experience the urgency to get this done.  Today, what used to seem normal is crazy Arizona Capitol Times When a country struggles, we can see an upheaval of radical ideas, political unrest, and broken unity. Take a look at countries around the world today with economic fragility. 

Push to ax Indiana’s income tax loses momentum

The Gist

Debate surrounding what Hoosiers pay in property taxes has picked up steam, but support for an even larger tax cut has all but eroded in the past year. 

Around this time in 2023, discussion on eliminating the state’s individual income tax flowed among members of the Legislature and Republican gubernatorial candidates, spurred by Lt. Gov. Suzanne Crouch’s campaigning on the issue. 

However, after Crouch’s primary election defeat in May and some discussion at a few legislative task force hearings, backing for the idea has faded. 

“I found absolutely no support from either party for eliminating the income tax,” said state Rep. Ed DeLaney, the Indianapolis Democrat who serves on the State and Local Tax Review Task Force. “It works, and we need it to fund our schools.”

What’s Happening

The tax task force held hearings throughout 2023 and early 2024 that touched on income tax. 

DeLaney said there has been no serious discussion about how Indiana would replace the around $8 billion in annual revenue the state raises through its income tax. 

“There’s just a sort of belief that if we cut taxes, that will raise people’s incomes,” he said. “That’s a fantasy that’s been rejected pretty heavily.”

The state would be better off seriously considering sharing more of its revenue with local governments through policies such as increased school funding, DeLaney said, which would lead to better communities for Hoosiers. 

Attempts to reach several Republican members of the task force for comment were unsuccessful. 

House Bill 1411, proposed during this year’s session, called for the elimination of the state income tax. It did not receive a hearing. 

The campaign for U.S. Sen. Mike Braun, the Republican gubernatorial candidate, referred State Affairs to a past statement on the matter: “You’re going to have to be sober; how do you replace $8 billion in your budget? Nobody has told me how you do that. Any other place you’ve got higher sales taxes or property taxes or you’ve got things like franchise fees and taxes. You’ve got to really look at what is the cost per capita of your government and are you delivering the services that you need?”

Why It Matters

According to the state budget revenue forecast, Indiana is expected to raise about $8.3 billion through personal income taxes during the 2025 fiscal year that started in July. That accounts for about 37% of the state’s estimated general fund total revenue of $22.3 billion. 

The state’s individual income tax rate will drop to 3.05% in 2024 from 3.15% in 2023 as part of a legislative plan to gradually reduce the tax. It will continue to drop until it reaches 2.9% in 2027.

It is a flat tax, so eliminating it would allow Hoosiers to keep 3.05% of their taxable income. For example, someone with $50,000 in taxable income would save $1,525 if the tax was repealed. 

During a January tax task force hearing, several organizations weighed in on the idea. 

The National Federation of Independent Business, which represents more than 11,000 Indiana small businesses and some 300,000 nationwide, is in favor of eliminating the income tax. 

“Income tax is the biggest financial burden for small-business owners,” Natalie Robinson, the federation’s Indiana state director, told State Affairs. “Eliminating the tax would allow these employers to reinvest in their business and their employees. They can do a lot more good with the money than the government could.”

Prosperity Indiana, a statewide community economic development association, opposes the idea. 

Andrew Bradley, senior director of policy and strategy with Prosperity Indiana, said the Legislature could better provide financial relief by increasing the state’s earned income tax credit or introducing a child tax credit. 

Inequality is also a factor, Bradley said. 

“Getting rid of the income tax has demonstrated that it would gift about $30,000 to the highest-income individuals and basically let the rest of Hoosiers eat cake,” he said. “It would provide such a small amount of benefit to the Hoosiers who have the greatest tax burden that you could maybe buy a few cakes.”

What’s Next?

The Indiana General Assembly could revisit the idea in 2025, but legislative leaders have already indicated that property tax reform will be a primary focus. 

Braun put forward a plan to lower property taxes by increasing the homestead deduction. Libertarian gubernatorial candidate Donald Rainwater proposed capping property taxes at 1% of the home’s purchase price for seven years. Democrat Jennifer McCormick has pledged to release her own property tax in the near future. 

It’s unclear whether HB 1411, the bill that proposed the income tax removal, will be reintroduced. Its author, Rep. Zach Payne, R-Charlestown, could not be reached for comment. 

Contact Rory Appleton on X at @roryehappleton or email him at [email protected].

Kansas Daily News Wire August 12, 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

On anniversary of Marion County newspaper raid, questions still linger over journalistic freedoms: In the year since the chilling police raid on the Marion County Record in rural east-central Kansas, threats pertaining to a free press have yet to really subside. (Resnick, State Affairs)

After investigation into numerous felonies, Kansas AG charges prosecutor with two misdemeanors: The Kansas Attorney General’s Office charged a rural Kansas prosecutor with two financial misdemeanors, but not alleged sexual extortion or other felonies that local and state law enforcement investigated. (Kansas Reflector)

Legislative leaders develop timeline for bill tracking service: Legislative leaders said Friday they want a soft launch of a potential new bill tracking service during the 2025 session before full implementation in July. (Richardson, State Affairs)

Lawmakers urged to be aware of AI use, potential for abuse: Lawmakers may soon begin drafting legislation aimed at implementing or restricting the use of artificial intelligence after leaving the National Conference of State Legislatures’ annual summit. (Stover, Kano — State Affairs)

LOCAL

Public health advisory about blue-green algae issued for Topeka’s Lake Shawnee: Don’t touch the water or let pets touch the water anywhere at Lake Shawnee that might be having problems with blue-green algae, officials said Friday. (Topeka Capital-Journal)

Kansas inmate placed on escape status after walk-off from work release facility: On Saturday, the Kansas Department of Corrections issued a notice of an escaped inmate. (KCTV5)

The cost to manufacture new Kansas license plates: Last year, Governor Laura Kelly rolled back production of new state license plates after a frenzy of public backlash. Now we know what the production is costing the state. (KSNT)

What happens if you get pulled over on the state line between KS & MO?: Some states are separated by rivers or mountains, but on State Line Road, you only need to cross the street to get to Kansas or Missouri. (The Kansas City Star)

Onward to the general: Only handful of state House, Senate seats in play in Tennessee

With the dust settling on last week’s primaries, attention is shifting to the general election less than three months away. Both Republicans and Democrats are hoping to pick up seats in a campaign season that will be dominated by the top-of-the-ticket presidential contest between Donald Trump and Kamala Harris.

Planned Parenthood hopes to make the state’s sweeping abortion ban enacted by Republican lawmakers a major campaign issue, announcing this week it plans to spend $1 million to back four House candidates’ efforts to topple Republican incumbents. Ashley Coffield, the CEO of Tennessee Advocates for Planned Parenthood, didn’t exactly mince words at a news conference held at the state Capitol this week. “We don’t believe advocacy works with a supermajority and they are doubling down on extremism,” she said. “You can’t negotiate with fascists on this issue.”

Editor’s note: A version of this story first appeared in the print edition of The Tennessee Journal. Read the full edition here.

Here is a look at the four contests in question:

  • District 18: Freshman Rep. Elaine Davis, R-Knoxville, faces Bryan Goldberg, who works in disaster restoration and serves as the president of the Knoxville Jewish Alliance. Davis defeated a more moderate opponent in the 2022 Republican primary for the open seat in a district seen as trending more Democratic over time. But Davis has refused to deviate from her hard-right positions, which Democrats hope will give them an opportunity to flip the seat in a presidential year. Goldberg had $51,600 on hand in mid-July, compared with Davis’ $61,900.
  • District 49: Immigrant advocate Luis Mata is running against Rep. Mike Sparks, R-Smyrna. Mata, a native of Mexico, was brought to the United States as a child and is now a naturalized citizen. Sparks has long been considered one of the more vulnerable Republicans because of his penchant for outrageous statements and the increasing diversity in the suburban district nestled between Nashville and Murfreesboro. Mata had a balance of $57,000 as of the last reports, while Sparks had $29,700.
  • District 75: Rep. Jeff Burkhart, R-Clarksville, faces a challenge from Allie Phillips, who gained national media attention after being informed by her doctor that under Tennessee’s new laws she would have to travel out of state to terminate a nonviable pregnancy. Burkhart loaned his campaign $110,400 when he was first elected to the newly drawn seat in western Montgomery County in 2022. He had an $84,200 balance in his most recent report, compared with $186,800 for Phillips.
  • District 97: Rep. John Gillespie’s Memphis district has long been considered the most endangered Republican seat in the House. While redistricting helped stave off a challenge two years ago, Democrats have continued to grow their advantage in Shelby County. Gillespie, who had $78,600 in the bank, faces Jesse Huseth this year. The former Shelby County Democratic Party chair had a balance of $85,700 coming into the general election phase.

A top target for House Republicans is the Montgomery County seat Democrat Ronnie Glynn won by just 153 votes two years ago. Running this year against Glynn is Jamie Dean Peltz, a Republican political consultant who has worked for past judicial and legislative campaigns, including for Glynn’s 2022 opponent Tommy Vallejos. As of the most recent disclosures, Glynn had $43,400 on hand, compared with $19,500 for Peltz.

Also high on the GOP list is the open District 60 seat in Nashville that had been represented by Darren Jernigan, a moderate Democrat, since he defeated Republican Rep. Jim Gotto by 95 votes in 2012. Gun control activist Shaundelle Brooks, an ally of Reps. Justin Jones and Gloria Johnson and a frequent protester at the state Capitol this year, won the Democratic nomination. She faces Republican Chad Bobo, a former aide to House Speaker Cameron Sexton, R-Crossville.

Shaundelle Brooks, fourth from left, and other protesters hold up signs during the debate of a bill seeking to ban local governments from considering reparations for slavery on April 16, 2024. (Credit: Erik Schelzig)

Only six other Republicans are running against the remaining 22 Democratic incumbents in the chamber. Among them, only Metro Nashville Councilwoman Jennifer Frensley Webb has shown much fundraising prowess. She had $17,000 on hand for her bid against Democratic Rep. Bo Mitchell in their suburban Nashville district. Mitchell, who has fended off numerous challenges in what used to be a toss-up area, had $59,800 in the bank.

Over before it began 

Forty of 99 House members face no major party opposition in the general election, including 26 Republicans and 14 Democrats. They include Renea Jones, a Unicoi County tomato farmer who won the Republican nomination to succeed retiring Rep. John Holsclaw of Elizabethton and Gabby Salinas, a Democratic activist who captured the nod for the Shelby County seat being vacated by Rep. Dwayne Thompson of Cordova.

Senate snoozer?

The action in the Senate appears to have concluded with the primary losses of Republican incumbents Jon Lundberg and Frank Niceley — the upper chamber’s first GOP members to lose nomination fights since 2014, when Knoxville physician Richard Briggs defeated Sen. Stacey Campfield and accountant Kerry Roberts ousted Sen. Jim Summerville of Dickson.

Democrats have lined up challengers to 10 of 14 Republicans this year, though most came into the general election campaign with fairly meager balances in their accounts. One race with potential historical interest is the challenge to Republican Sen. Todd Gardenhire of Chattanooga by Missy Crutchfield, the daughter of the late state Senate Democratic leader Ward Crutchfield, who was ensnared in the FBI’s Tennessee Waltz bribery sting in 2005.

The Tennessee Senate chamber. (Credit: Erik Schelzig)

Democrat Heidi Campbell faces Republican Wyatt Rampy, a real estate broker who fell short in his bid for the nomination to run against Democrat Caleb Hemmer for an open House seat in Nashville last cycle. Rampy reported a cash balance of $122,100 — about the equivalent of what he loaned his bid earlier this year. Campbell had a balance of $64,400 in her reelection account. Since defeating Republican Sen. Steve Dickerson in 2020, Campbell has made unsuccessful bids for Congress and Nashville mayor.

Kingsport pharmacist Bobby Harshbarger, who defeated Lundberg in the District 4 primary, doesn’t have a Democratic opponent this fall. Neither do Sens. John Stevens, R-Huntingdon; Page Walley, R-Savannah; Sara Kyle, D-Memphis; or Paul Rose, R-Covington.

Howey Daily Wire Aug. 12, 2024

Welcome subscribers!

Democratic gubernatorial nominee Jennifer McCormick will discuss the proposed redesign of the state’s high school diploma program during a press conference this morning. And, GOP U.S. senate nominee Rep. Jim Banks hasn’t responded to an invitation to debate the Democratic and Libertarian challengers. More news below. — Howey Politics Indiana/State Affairs

Rokita’s office drops suit against IU Health over Bernard allegations: The state Attorney General’s Office has dropped a federal lawsuit in which the office claimed Indiana University Health failed to enforce patient privacy laws regarding Dr. Caitlin Bernard’s disclosure that she had provided an abortion to a 10-year-old rape victim. (Davies, State Affairs)

Indiana’s government transparency official pushes on after law limiting his scope: Under the new law, Public Access Counselor Luke Britt may now consider only “the public access laws, as plainly written” and “valid opinions of Indiana courts” when writing opinions. (Appleton, State Affairs)

Election matchups 2024: Our elections spreadsheet lists all candidates who will be on Indiana’s general election ballot for federal and state offices including the latest analysis of all contested races. Watch for updates from State Affairs on the horse races.

STATE

Scholarship account application deadline Sept. 1 for students with disabilities: Lawmakers are encouraging families with students who have disabilities to apply for Indiana’s Education Scholarship Account before the Sept. 1 deadline. (Zimmerman, WZDM-FM)

State treasurer experiences ‘a day in the life’ of a Dyer firefighter: Serving as chair of the Statewide 911 Board is among state Treasurer Daniel Elliott’s duties, so he visited Dyer in hopes of becoming better informed regarding fire departments. (Gallenberger, Lakeshore Public Media)

Comptroller: Deferred Compensation Committee to meet Thursday — The state’s Comptroller office announced the Deferred Compensation Committee will meet at 9 a.m. at the Government Center South, Room 4 & 5, Wabash Hall. (Howey Politics Indiana/State Affairs)

NIPSCO considers nuclear power generation: NIPSCO is weighing the possibility of nuclear energy generation decades after activists led it to abandon its plans to build a nuclear power power plant along the Lake Michigan shoreline in Porter County. (Pete, NWI Times)

Development expected to follow now-completed I-69 route: With the section between Martinsville and Indianapolis complete, Interstate 69 brings development opportunities to areas in Morgan and Johnson counties, where large tracts of land along the route remain undeveloped. (Orr, IBJ)

New statewide dashboard aims to increase data on sickle cell patients: A statewide dashboard aims to streamline data collection on patients with the genetic blood disorder.  (Gabriel, WFIU-FM)

Washington’s proposed Medicare cuts squeeze Hoosier medical practitioners: Many physicians say Medicare patients make up 30% to 50% of their practice, and they’re calling on Congress to prevent proposed payment cuts from going into effect next year. (Russell, IBJ)

Indiana Olympians win big: Olympic athletes with ties to Indiana scored 20 medals, including 10 gold medals, during the Paris games. (Woods, IndyStar)

LOCAL

Indianapolis City-County Council to launch inquiry following allegations against former top Hogsett aide: Members of the Indianapolis City-County Council are taking steps to form a special commission in the wake of allegations against Thomas Cook, the mayor’s former chief of staff. (Blanchard, MirrorIndy)

Knox County grants two-year extension for delayed solar project: The first-ever solar deal signed by county officials four years ago has experienced significant delays, representatives with the project told the county commissioners. (McNeece, Vincennes Sun-Commercial)

Tomorrow: St. Joseph County Council votes on final approval for Amazon tax breaks — The St. Joseph County Council will vote on final approval of tax abatements for Amazon’s $11 billion data center project near New Carlisle, with tax breaks of 50% on property and 85% on technological equipment expected. (Dits, South Bend Tribune)

EPA grants $2M for Fort Wayne North River site: The grant will allow the city to determine exactly what needs to be done to decontaminate the former OmniSource site before beginning cleanup work. (Schultz, The Journal Gazette)

Johnson County officials talk about roundabouts: Mark St. John, engineer for the city of Franklin, said roundabouts are called a “proven safety countermeasure” by the Federal Highway Administration, citing data that show replacing signalized intersections with roundabouts marked a 78% reduction in fatal and injury-causing crashes. (Lehmkuhl, Daily Journal)

GENERAL ASSEMBLY

Indiana Black Legislative Caucus to host town hall in Gary Aug. 17: Members of the Indiana Black Legislative Caucus will host a town hall in Gary at the IU Northwest Savannah Center’s Bergland Auditorium beginning at 11 a.m. (CT), according to an email to Howey Politics Indiana/State Affairs.

NCSL: How have elections changed since 2020? Dozens of lawmakers, election officials and staffers gathered to discuss election confidence, early voting and more. (Stover, State Affairs)

NCSL: Lawmakers urged to be aware of AI use, potential for abuse — Lawmakers may soon begin drafting legislation aimed at implementing or restricting the use of artificial intelligence after leaving the National Conference of State Legislatures’ annual summit. (Stover & Kano, State Affairs)

CONGRESS

Congressional schedule: The Senate and House are out.

CAMPAIGNS

Today: McCormick press conference on proposed changes to high school diploma programs — An email to Howey Politics Indiana/State Affairs announced Democratic gubernatorial nominee Jennifer McCormick will host a virtual press conference on Zoom at 10 a.m. “to discuss the controversial plan to redesign Indiana’s high school diploma.”

Banks yet to respond to debate invitation for U.S. Senate seat: Sitting Congressman Jim Banks hasn’t yet accepted an invitation to debate from the Indiana Debate Commission, though both Democrat Valerie McCray and Libertarian Andrew Horning have indicated their willingness. (Downard, Indiana Capital Chronicle)

NATION

Pentagon orders submarine to the Middle East, tells aircraft carrier to hasten its transit: U.S. Defense Secretary Lloyd Austin has ordered a guided missile submarine to the Middle East and is telling the USS Abraham Lincoln aircraft carrier strike group to sail more quickly to the area, the Defense Department announced. (AP)

Special counsel: Romanian oligarch hired Hunter Biden to influence US policy — Prosecutors in special counsel David Weiss’ office are accusing Hunter Biden of accepting payments from a Romanian businessman who was attempting to “influence U.S. government agencies” while his father Joe Biden was vice president. (ABC)

White House schedule: President Joe Biden and first lady Jill Biden will depart Rehoboth Beach, Del., early in the morning for the White House. The president will receive the Daily Brief at 10 a.m. Vice President Kamala Harris will record video remarks for the American Federation of State, County, and Municipal Employees’ 46th International Convention.

SUNDAY TALK

Biden speaks on 2024 election: In his first interview since withdrawing from his re-election bid last month, President Biden said he made his decision, in part, so that the Democratic Party could fully concentrate on what he believes is an urgent task at hand: preventing former President Donald Trump from regaining the White House. (CBS)

Vance says he and Trump are confident in chances of winning: “I think we’re going to win. I also think that we have to work as hard as possible for the remainder of the election to try to persuade Americans to vote for us,” GOP vice presidential nominee JD Vance said. “That’s the name of the game.” (ABC)

Insider for August 12, 2024

YOU DON’T SAY

I don’t know if it gave me a leg up in the search or not. I assume everybody in the search process had their own set of strengths and different attributes.”

UNC-Chapel Hill Chancellor Lee Roberts, on whether the endorsement of the General Assembly’s top leaders aided his candidacy. (The News & Observer, 8/09/24)


Debt Relief

Ames Alexander and Luciana Perez Uribe Guinassi, The News & Observer, 8/09/24

Most of North Carolina’s hospitals have agreed to sign on to Gov. Roy Cooper’s plan to ease patient medical debt, a development that will likely bring financial help to hundreds of thousands of people. More than 65 of the state’s 99 hospitals — including those owned by Atrium, Novant, UNC Health, Duke Health, WakeMed, Cone Health, ECU Health and Mission Health — have agreed to participate in the plan so far.

Hospitals had until 5 pm Friday to join the program.

Cooper’s plan, which was approved by the U.S. Centers for Medicare and Medicaid Services in late July, has the potential to relieve $4 billion in existing hospital medical debt for people in the state, his office has said. But it’s not a mandatory program so its reach is contingent on the number of hospitals that choose to participate. Those that do agree to forgive medical debts would receive higher reimbursements for treatment of Medicaid patients.

At a news conference in Charlotte Wednesday, Cooper and state Department of Health and Human Services Secretary Kody Kinsley touted the plan, which they billed as a first-of-its-kind effort to ease medical debt that has harmed hundreds of thousands. About 2 million North Carolinians are saddled with medical debt — a statewide load totaling about $4 billion, Cooper said.

“That large medical debt is a constant weight on many people, particularly when it goes to a judgment,” Cooper said. “Judgments can ruin credit. They can keep people from getting loans and credit cards and even jobs. It can drive people into bankruptcy. And one thing we’re seeing is that it also makes people avoid the preventive care that they need.”

Vice President Kamala Harris, the Democratic presidential nominee, has been “coordinating” with state officials on the medical debt plan, The Washington Post reported.

It’s unclear whether the debt relief plan would continue under future administrations. The state has applied for its implementation in state fiscal years 2024 and 2025, which run through June 2025, according to documents provided by DHHS. This makes it likely future administrations would need to renew the plan.

Vying for governor next year are Democratic Attorney General Josh Stein and Republican Lt. Gov. Mark Robinson. Asked for his thoughts about the plan, Stein told The News & Observer and The Charlotte Observer that he would “proudly continue” it and explore other opportunities to reduce health care costs.

“Governor Cooper’s plan represents a rare opportunity to create a win-win by providing financial stability for hospitals and financial relief for North Carolinians, who are crippled by medical debt through no fault of their own,” Stein said through a spokesperson. “This program is only possible thanks to Medicaid expansion, which my opponent opposes. He also wants to eliminate the Affordable Care Act and its protections for people with preexisting conditions.”

Robinson did not reply to a request for comment sent to his spokesperson. Robinson, prior to expansion, had said he didn’t think the state should expand Medicaid, The N&O reported.

Although Charlotte-based Atrium, the state’s largest hospital system, agreed to sign on to the debt-relief program, it has expressed concerns about the plan. The policy could add to the struggles of rural hospitals, leave people with less incentive to get health insurance and drive up insurance premiums, system officials wrote in a letter to DHHS Secretary Kinsley Friday.

“While we recognize and appreciate the department’s good intentions to address the troubling impact medical debt has on patients and families, we are concerned it does not address the full picture of the root causes, and it could lead to unintended consequences,” Atrium’s letter said.

UNC Health, which is participating in the program, wrote through a spokesperson that “we’re proud to support the effort to reduce medical debt” and “anticipate the plan will help millions of patients across North Carolina.” The system said it would “take more time for us to calculate the potential financial impact and to implement the policy.”

A 2012 investigation by The Charlotte Observer and N&O found that nonprofit hospitals in North Carolina were often straying from their charitable missions. Although they were getting billions in tax breaks, many nonprofit hospitals were returning relatively little to the public in the form of charity care and other community benefits.

Some, including Atrium, were suing thousands of patients who didn’t pay bills. Atrium subsequently reduced the number of lawsuits it filed, and in 2022, the hospital system stopped the practice of suing patients altogether. The newspapers’ investigation also found hospitals here were paying many of their executives millions, and inflating prices on drugs and procedures, sometimes as much as 10 times over cost.

State Treasurer Dale Folwell, a vigorous critic of nonprofit hospitals, has in recent years released a series of reports that have come to similar conclusions. In an interview Friday, Folwell said he’s concerned that the debt-relief program will do little to address longstanding problems, such as inflated hospital bills and aggressive collections practices.

“If hospitals were doing all the things they were supposed to do, there would be very little need for this program,” Folwell said. “It’s a bailout. Why should taxpayers continue to subsidize them for the things they’ve done wrong?”

At Wednesday’s news conference, Kinsley said no additional state tax dollars would be required.

North Carolina Senate leader Phil Berger called Gov. Cooper’s plan “rushed” and “political,” arguing that the legislature was better equipped to handle the problems. The Senate unanimously passed a measure called the Medical Debt De-Weaponization Act last year, but the legislation died in a House committee. “With the governor’s program, we don’t know the tax implications, the enforcement methods, or more importantly how a rural hospital that survives on a month-to-month basis is going to meet some of these immediate requirements,” Berger said in a statement emailed to the N&O. [Source]

 

UNC Chancellor

Korie Dean, The News & Observer, 8/09/24

The next leader of UNC-Chapel Hill will be a nonacademic whose only experience leading a university came over the past seven months, but who quickly won the support of the state’s most powerful Republican lawmakers.

Lee Roberts will be the 13th chancellor of the UNC System’s flagship campus. Nationally known and recognized, the research university has a reputation for academic and athletic excellence and, increasingly in recent years, for on-campus drama.

As chancellor, Roberts will lead the campus of more than 30,000 students and nearly 14,000 faculty and staff. Roberts, a former state budget director under Republican Gov. Pat McCrory, has served as interim chancellor since Kevin Guskiewicz left the job in January to become president of Michigan State University. The UNC System Board of Governors on Friday morning approved UNC System President Peter Hans’ selection of Roberts in a virtual meeting.

Roberts resigned from the legislature-appointed Board of Governors to take the job as UNC-Chapel Hill interim chancellor in January.

Except for his 16-month stint as budget director nearly a decade ago, Roberts has spent most of his career as a private investment manager. Appointing a campus leader without a Ph.D or a career in higher education has become somewhat more common in recent years, but is a first at UNC-Chapel Hill in modern history.

Hans, in his remarks during Friday’s meeting, said this moment at the university demands “fresh eyes” that can make difficult decisions using a range of experiences. “Every era is unique in its challenges and the possibilities it presents, and as a result, every chancellor search is different,” Hans said, adding: “We have found the right leader for this moment in Carolina’s history because the questions facing public higher education are wide ranging, enormously complex and likely to become magnified in the years ahead.”

In his first public remarks following Friday’s announcement, Roberts said he thinks there “is no higher calling” than supporting the university’s mission. “To me, this university stands, above all else, for the ideal of public service, for helping the people of this state and all those who are touched by this place to achieve their greatest potential,” Roberts said. “As chancellor, I promise to be guided by that principle as we work together to carry North Carolina into the future.”

Roberts, who holds a law degree from Georgetown University, starts his appointment on Aug. 12, one week before the new academic year begins. He will make an annual base salary of $600,000, according to an appointment letter provided to The News & Observer by UNC System spokesperson Andy Wallace.

Roberts, who is an unaffiliated voter, takes the job knowing House Speaker Tim Moore and Senate leader Phil Berger, both Republicans, support him. Both publicly praised his handling of pro-Palestinian protests on campus in late April, particularly after he led police to restore the American flag to a campus flagpole when protesters tore it down.

Berger after the protests said that Roberts “did exactly what needed to be done” and that he was “as proud as I can be of him,” adding that there was “no question” he should be made chancellor permanently. Moore said he had conveyed to Hans his preference for Roberts to become chancellor.

That public support from the General Assembly’s top leaders contrasts with their statements about Guskiewicz. In 2021, as rumors circulated among faculty that lawmakers might try to oust the now-former chancellor, both Berger — who had previously described the university under Guskiewicz’s leadership as “rudderless” — and Moore stopped short of explicitly expressing confidence in Guskiewicz when pressed by reporters.

It also contrasts with the faculty’s assessment of Roberts’ actions. Nearly 900 faculty and staff signed a letter denouncing Roberts’ and other administrators’ actions during the protests, while more than 5,000 people signed an online petition expressing their lack of confidence in Roberts following the events.

Beth Moracco, the university’s Faculty Council chair, told The N&O on Thursday that the next chancellor will need to rebuild trust with faculty and others after his actions during the protests.

Many faculty are also concerned that the university’s shared governance structures have been disregarded in recent years, with decisions normally left to faculty — such as those related to curricula — in some cases being directed by administrators and board members. “I think anyone stepping into this role is going to have to authentically engage with faculty, staff, students and other stakeholders,” Moracco said.

Moracco, who has met regularly with Roberts over his months as interim, said she has found him accessible and eager to learn while the interim leader. “He is very willing to listen to people who don’t agree with him or who have a different position on an issue,” she said. “So that is encouraging.”

State lawmakers do not hold authority over a chancellor search, but they — using the speaker and Senate leader’s recommendations — appoint some members of the campus-level Board of Trustees and all members of the Board of Governors. Both boards have official roles in the process, including narrowing the field of applicants to a list of finalists and approving Hans’ selection, respectively.

Sue Estroff, a professor in the School of Medicine and an elected member of the university’s Faculty Executive Committee, told The N&O on Wednesday that she believed Moore and Berger’s comments supporting Roberts meant “that was it” for the search and Roberts would be given the chancellorship.

She wondered — and asked the university’s provost multiple times, she said — how the search would continue to attract candidates, given that some of the state’s most powerful players had voiced their opinion. She also compared the search process to a theater performance with a see-through curtain. “All of us in the audience can see right through it, but the performance goes on,” she said.

Asked by The N&O on Friday whether he believed lawmakers’ support improved his chances of securing the job, Roberts said, “I don’t know if it gave me a leg up in the search or not. I assume everybody in the search process had their own set of strengths and different attributes.”

Cristy Page, the executive dean of the UNC School of Medicine and the chair of the search committee, told reporters last week after closed-door candidate interviews that she did not think Roberts’ time as interim chancellor, nor Moore or Berger’s comments, had impacted the applicant pool.

A UNC System news release said nearly 60 candidates applied for the position during the national search.

Roberts told The News & Observer that he planned to do the job “in a nonpartisan way.” [Source]

Olympic Visit

Ray Gronberg, Business NC, 8/09/24

N.C Senate leader Phil Berger, four other state senators and Rep. Kyle Hall traveled to Paris late last month to learn about organizing massive sporting events such as the  Summer Olympics.

The nonprofit Opportunity for North Carolina paid for the July 25-29 trip, according to Woody White, the Wilmington lawyer who chairs Opportunity for North Carolina. He is a Senate-appointed member of the UNC System Board of Governors. The group’s objectives include a “desire to attract major sporting events to North Carolina,” he said. The Olympics offered a chance to learn “about the infrastructure, security and other foundational undertakings required for a major sporting event at scale.”

Policymakers have supported efforts to recruit such events as this summer’s U.S. Open golf tournament in Pinehurst and the 2023 NHL Stadium Series game in Raleigh, White said.

Recently, there’s been talk of trying to land a Major League Baseball team in Raleigh. Former Berger Chief of Staff Brian Fork recently joined Hurricanes Holdings as CEO of the company owned by Dallas investor Tom Dundon, who has praised Raleigh as a potential MLB city. And “there have been discussions of beginning to make long-term plans to try to recruit the Olympics to North Carolina at some points in the future,” White said.

Others making the trip with Berger and Hall were Sens. Bill Rabon, David Craven, Michael Lee and Danny Britt.

The group arrived on July 25 and visited Atos, the Games’ IT partner, for a briefing on telecommunications and cybersecurity. They later had a dinner briefing from Opportunity for North Carolina “on the economic impact of successfully recruiting the World Military Games or the Pan Am Games” to North Carolina, White said.

Other activities included a lunch presentation from USA Field Hockey, whose national team trained at a UNC Charlotte field paid for by the state-funded U.S. Performance Center; meetings with USA Olympics officials and a presentation about the Games International Broadcast Center. The last full day, July 28, included a presentation from the CEO of USA Table Tennis and a meeting with leaders of World Rugby. The group flew home on July 29. Their itinerary included attendance at the Games’ opening ceremony.

White said the U.S. Performance Center did not fund the trip but had a role in the visit. The nonprofit formed by Charlotte’s Ike Belk and David Koerner has been trying to entice U.S. Olympic teams to operate in North Carolina. They have developed “the industry relationships to connect policymakers with Olympics organizers in Paris,” White said. But “feedback from the [State] Ethics Commission” prompted White’s group to decide “not to allow” the center to foot the bill, and “eliminate any USPC influence over the trip.”

As a result, the group is reimbursing the Performance Center for expenses and took control of the itinerary. The group “went so far as to segment its own accounts to make certain that zero contributions from lobbyists or lobbyist principals paid for any part of the educational trip,” White said. He forwarded a copy of a July 19 email from State Ethics Commission Executive Director Kathleen Edwards that said the state’s ban on direct or indirect gifts “would not apply to restrict OFNC, a non-lobbyist principal, from inviting and paying the expenses of legislators attending the trip.”

The Performance Center has been in the news because of its use of a $25 million state budget allocation in 2021, and $30 million in 2023 to an affiliated nonprofit, the N.C. Sports Legacy Foundation. The Office of State Budget and Management’s internal auditors are reviewing the finances of both organizations, the News & Observer reported Wednesday.

Separately, The Assembly reported that the nonprofit has spent $45.5 million of the $55 million as of June, citing the state budget office. The state money was supposed to fund capital needs, but only about $10 million has paid for facilities or equipment. Roughly $7 million went for the Charlotte field hockey pitch, which was built by Pembroke-based construction firm Metcon.

Otherwise, the Performance Center spent $9.8 million on its own consulting services, $4.5 million to outside consultants and $2.9 million in personnel costs, including $800,000 in salaries for Belk and Koerner over two years, the Assembly reported. Other money went to support various U.S. Olympic sports programs, none of which have relocated to North Carolina.

Center officials said the group is a finalist to host the 2027 Military World Games, which attracts athletes from 120 nations. The Performance Center employs a lobbyist, Jarret Burr. The Sports Legacy Foundation also retained Burr and The Southern Group’s Kevin Wilkinson.

Opportunity for North Carolina doesn’t have a lobbyist. White is a former New Hanover County commissioner and a former state senator. [Source]

Sports Betting

Brian Murphy, WRAL News, 8/09/24

North Carolina collected more than $50 million in fees and taxes from legalized sports betting in the fiscal year that ended July 1. That’s despite not launching until mid-March and not counting June’s tax receipts because they were not due until July 20.

More than $1.8 billion was bet in North Carolina through May 31, a figure that includes free or promotional wagers. Operators collected more than $234 million in revenue, based on North Carolina’s calculations. That revenue is taxed at 18% under state law, so the state collected nearly $42 million in taxes. That’s in addition to $9 million in licensing fees. Operators paid $1 million for a five-year license and other suppliers were required to pay as well.

The state’s betting law dictates how the revenue is distributed. Here’s a breakdown of where the tax money went, according to the Department of Revenue:

  • $41,780,571.51 in taxes collected
  • $2,150.26 to the Department of Revenue for administrative expenses
  • $2 million to the Department of Health and Human Services
  • $1 million to North Carolina Amateur Sports
  • $1 million to the North Carolina Youth Outdoor Engagement Commission
  • $10,675,684.24 to athletic departments at UNC System schools that play; intercollegiate athletes (except NC State and UNC). Each school received an equal share of $821,206.48
  • $10,163,526.37 to the state’s new Major Events, Games and Attractions Fund
  • $16,939,210.64 to the General Fund

The Department of Revenue said it didn’t collect any of the fees and didn’t pay any money to the North Carolina Lottery Commission out of the taxes collected on sports wagering because the lottery did not submit anything for reimbursement.

The Lottery Commission said it was reimbursed more than $1.75 million for expenses in the last fiscal year. The state collected more than $7.2 million in taxes for sports betting in June, which will be accounted for in the current fiscal year. Figures for July should be released soon. [Source]

Debby Rain

Ron Todt and Holly Ramer, The Associated Press, 8/11/24

The weather system previously known as Hurricane Debby was not quite done with parts of the U.S. Sunday as flood warnings remained in effect in North Carolina and thousands were without power in New York, Ohio and Pennsylvania.

After hitting Florida as a hurricane Aug. 5, the storm spent nearly a week unleashing tornadoes and flooding, damaging homes and taking lives along the East Coast before moving into Canada on Saturday.

While many rivers had receded by Sunday, flood warnings remained in effect across central and eastern North Carolina, where more thunderstorms were possible over the next few days. With the ground already saturated from Debby, the National Weather Service said localized downpours could result in additional flash flooding throughout the coastal Carolinas.

Authorities in Lumberton, N.C., said in a Facebook post Saturday that one person died after driving into floodwaters on a closed road and getting swept away. Officials didn’t identify the driver, but said that what they hoped would be a post-storm rescue, quickly turned into a recovery. “It bears repeating,” the agency said in the post. “Never drive into flooded roadways and obey road closed signage.”

Meanwhile, the National Hurricane Center is tracking another potential tropical storm in the Atlantic. Officials said a tropical depression is likely to form within the next day or two and could approach portions of the Greater Antilles by the middle of the week. [Source]

Insurrection Video

Avi Bajpai, The News & Observer, 8/10/24

A newly surfaced video shows Michele Morrow encouraging then-President Donald Trump to invoke a federal law that she said “completely puts the Constitution to the side,” and would allow him to use the military to stay in power. Morrow, the Republican nominee for state superintendent of public instruction, made the comments in a video she recorded on the night of Jan. 6, 2021, according to CNN, which published the video Friday evening.

Morrow protested outside the U.S. Capitol earlier that day, but has said she didn’t enter the building. In the video, Morrow said that Trump had the ability while he was president, in the final days of his term before it ended on Jan. 20, 2021, to take action to keep himself in power.

Morrow said that Trump could have invoked an “executive order against voter fraud,” and says Trump also could have invoked the Insurrection Act, a law dating back more than two hundred years, to use the military to remain in office. “President Trump is still president, until the 20th. So, he can still invoke the executive order against voter fraud. And now, he has every player that participated in his sights, and they can all be arrested for treason,” Morrow said in the video. “And if the police won’t do it, and the Department of Justice won’t do it, then he will have to enact the Insurrection Act, in which case, the Insurrection Act completely puts the Constitution to the side, and says, now, the military rules all.”

In a statement to The News & Observer on Saturday, Morrow’s campaign said she was focused on the race to run North Carolina’s public schools. The campaign didn’t address the video, but slammed CNN for “gaslighting the public” about her.

Asked about Morrow’s video, NCGOP spokesman Matt Mercer declined to comment.

The N&O also reached out to GOP leaders in the legislature, but their spokespeople did not immediately respond.

Morrow, a registered nurse, conservative activist, and homeschool parent, defeated incumbent Superintendent Catherine Truitt in the GOP primary in March. Morrow’s victory was a major upset, since managed to overcome Truitt’s major fundraising advantage and endorsements from several top Republican state lawmakers.

She is running against Democrat Mo Green, the former superintendent of Guilford County Schools, and former executive director of the Z. Smith Reynolds Foundation, a group that funds progressive causes.

The superintendent’s race has drawn national attention because of scrutiny of Morrow’s past social media posts, including those that talked about killing President Joe Biden, former President Barack Obama, North Carolina Gov. Roy Cooper and other Democrats.

After CNN reported on those since-deleted posts in March, following her primary win, Morrow said that the network was “trying to interfere in the 2024 election.”

Two major North Carolina donors, developer John Kane and businessman Bob Luddy, held a fundraiser for Morrow in Raleigh in April.

House Speaker Tim Moore, who is currently running for Congress, also said he would support Morrow’s campaign, telling reporters in April that he didn’t think the past comments he had seen from Morrow were “appropriate at all,” and that he wouldn’t “condone” them, but that he was going to support all of the Republicans running for office.

One exception is U.S. Sen. Thom Tillis, who publicly said he wouldn’t endorse Morrow after her social media posts about the killing of prominent Democrats came to light. [Source]

 

Storm Recovery

Greg Barnes, CityView, 8/10/24

After years and many struggles, it appears that the state is well on its way to solving its disaster relief funding issues. Concerned about the slow pace of distributing federal long-term disaster aid money to victims of Matthew and Florence, Gov. Roy Cooper in 2019 established the North Carolina Office of Recovery & Resiliency to take over the job of meeting the needs of storm victims, past and future. Initially, the Office of Recovery & Resiliency didn’t fare much better than other departments that had been tasked with the job.

Figuring out who is entitled to the federal disaster aid is complicated. Questions often arise about heirship disputes, unpaid property taxes, easement concerns and myriad other issues, said Janet Kelly-Scholle, a spokesperson for the Office of Recovery & Resiliency.

But the pace of putting people back in their homes accelerated after the office made program and policy changes to expedite storm victims through the recovery process. From August through December of last year, the office had completed an average of 63 homes a month statewide, Kelly-Scholle said in an email. A year later, it is averaging 100 homes a month.

Statewide, 2,491 families have returned home out of 4,356 within the program. The vast majority of those still waiting are in the contract and bid work phase or are experiencing actual construction. No one is waiting in the intake phase, state records show.

In Cumberland County, the Office of Recovery & Resiliency has enabled 179 families to return to their homes or to new homes. But 53 more families or individuals in the county are still waiting.

The state has until Aug. 15, 2025, to disburse $237 million in federal disaster aid for Hurricane Matthew and until Aug. 17, 2026, to disburse $543 million for Hurricane Florence. As of July 24, it had doled out $231 million of the Hurricane Matthew money and $435 million designated for Florence, Kelly-Scholle said. North Carolina is on track to be the first in the nation among 2016 grantees to close out the money for Matthew and could be the first for Florence, she said.

That’s a far cry from a few years ago — before the Office of Recovery and Resiliency was created — when the state was in jeopardy of losing disaster-aid money because it wasn’t allocating it fast enough. [Source]

Lincoln Project

Will Doran, WRAL News, 8/09/24

North Carolina has tens of thousands of moderate Republicans — and some solidly conservative voters — who have the potential to help Democrats flip the state blue in November. Swaying those voters isn’t a guarantee. But they’re gettable, said Rick Wilson, the former Florida GOP operative who’s now a leading national voice of the “Never Trump” movement.

He hopes he can convince enough of them to prevent Republican former President Donald Trump from getting the state’s 16 electoral votes — part of the group’s broader effort to block Trump’s return to the White House.

In an exclusive interview with WRAL, Wilson confirmed that his group, The Lincoln Project, is readying to reach out to conservative voters across North Carolina in the coming days using highly targeted ads to convince them that Trump is still unfit for the presidency.

That focus on North Carolina wasn’t decided until very recently. When President Joe Biden was still running for reelection, Wilson said, the polling made North Carolina look no longer competitive. Trump had too big of a lead. But the polls have changed substantially in the weeks since Biden dropped out, replaced by Vice President Kamala Harris.

“We have expanded our swing state map as the numbers in the post-Biden moment have shifted rather radically,” Wilson said.

It’s the latest move indicating that moderates and some disaffected Republicans think Harris can win in North Carolina. Last week, the Harris campaign launched its North Carolina chapter of the group “Republicans for Harris” with support from several former GOP politicians and party activists.

The polling firm Redfield & Wilton Strategies found Trump leading Biden by 6 points in North Carolina in mid-July. More recently, it found the Democrats’ switch to Harris had cut Trump’s lead in half, down to 3 points. A Bloomberg/Morning Consult poll found that Trump had only a 1-point lead over Harris in North Carolina, indicating essentially a tied race.

Republican leaders in North Carolina say they’re not concerned about the efforts, by groups like The Lincoln Project and Republicans for Harris, to chip away at Trump’s support within the party and stop him from winning the state for a third straight time. U.S. Rep. Dan Bishop, a member of the hardline Freedom Caucus and this year’s GOP nominee for state attorney general, said he doesn’t worry about the battle for moderates. Harris, he said, is more far-left than Trump is far-right.

“I don’t honestly believe you can make the case that either Donald Trump or JD Vance are anything out on the wing of the Republican Party in the way that Kamala Harris and Tim Walz are on the Democratic Party,” Bishop said. “They are way outside the mainstream.”

In this year’s primary election, more than 280,000 North Carolinians voted against Trump in the Republican Party primary. Most backed former South Carolina Gov. Nikki Haley.

“We don’t have to go into Wisconsin or North Carolina or Georgia and move a million voters,” Wilson said. “We have to move a few hundred thousand voters here or there.” [Source]

 

Trump Campaign

Karen Chávez, Asheville Citizen Times, 8/10/24

Former President Donald Trump will be making a campaign stop in Asheville on Wednesday, Aug. 14, he announced on his website. Trump will appear at Harrah’s Cherokee Center in downtown Asheville. Doors will open at 1 p.m. and he is expected to speak at 4 p.m. about the economy.

Trump “will deliver remarks on the economic hardships created by the Harris-Biden Administration in Asheville, North Carolina,” his announcement reads in part.

Trump made an appearance in the same venue – which was then known as the U.S. Cellular Center – in 2016 when he was campaigning for the presidency against Hillary Clinton. [Source]

 

Milk Program

David Ford, WFDD Radio, 8/09/24

In celebration of National Breastfeeding Month this August, North Carolina’s Human Donor Milk Program is expanding across the state to better meet the need for more services.

In order to grow into healthy babies, newborns need a consistent, nutrient-rich food source. Breastmilk, with its easily absorbable carbohydrates and protein, is well suited for the task. And its life-saving antibodies help ward off infections. That can be particularly important for infants who are born prematurely. Over the past decade, preemies have accounted for just over 10% of live births in North Carolina. Many are unable to breastfeed, and sometimes their mothers can’t provide enough milk.

To help meet that demand, the state Department of Health and Human Services in partnership with WakeMed, is expanding North Carolina’s Human Donor Milk Program with five new donor depots in counties across the state from Mecklenburg to Pasquotank. The five new donor depots are located in Fayetteville, Durham, Sylva, Charlotte, and Elizabeth City. All milk banking locations are seeking donors. [Source]

Rural Hospital

Jaymie Baxley, NC Health News, 8/12/24

It has been little over a year since Martin County, a rural community of 22,000 in eastern North Carolina, lost its hospital.

Martin General served generations of local families during its seven-decade run in Williamston, the county’s seat of government. People born at the hospital returned to witness the births of their own children and grandchildren. Some lifelong residents drew their first — and last — breaths at the 43-bed facility. But as the county’s population began to dwindle in the 1990s, so did the for-profit hospital’s revenues. Teetering on the brink of bankruptcy, Martin General attempted to cut costs by discontinuing maternity services in 2019 and shuttering its intensive care unit in 2021. The changes weren’t enough to keep the struggling hospital afloat. In August 2023, Martin General announced it would close after 73 years in business.

“Though this is a very emotional decision, Martin General Hospital is no longer accepting patients, including emergency patients, and the hospital has filed for bankruptcy,” Quorum Health, the hospital’s owner, said in a statement at the time, adding that Martin County’s Board of Commissioners “chose not to respond” to a proposal that would have transferred ownership of the facility to the county.

In a Facebook post disputing the company’s version of events, the county wrote that commissioners had met to discuss the terms of the transfer and instructed their attorney to “ask for additional information” on Aug. 1. The county said it learned the next day that Quorum had “closed the doors of Martin General.”

Citizens of Martin County, where the median household income is only $44,799 a year (compared with the N.C. median household income of $66,186), responded to the closure with concern and outrage. Losing Martin General meant they would be forced to travel more than 20 miles to the nearest emergency department in neighboring Beaufort County. They wondered how their elected leaders could allow this to happen.

But the county had been working for several months on a complex plan to resurrect Martin General — a plan that, if successful, could become a blueprint for other rural communities where hospitals have closed.

When Congress passed the Consolidated Appropriations Act of 2021, it created a lifeline for struggling hospitals in rural areas, allowing  small facilities with less than 50 beds to convert to so-called “rural emergency hospitals.”

In exchange, the hospitals would receive up to $3.2 million in annual funding from the federal government. They would also be eligible for increased reimbursement rates for some certain outpatient services covered by Medicare.

The catch? While rural emergency hospitals are required to provide 24/7 emergency care, they are not allowed to offer inpatient services. These inpatient services, which range from elective surgeries to childbirth, tend to make up a large share of traditional hospitals’ revenue. A 2018 study by the American Hospital Association found that inpatient services accounted for more than half of all revenues reported by community hospitals from 1995 to 2016.

It’s a trade-off that some hospitals appear willing to make. Twenty-nine facilities across the U.S. have converted to rural emergency hospitals since the program launched in January 2023, according to data from the Cecil G. Sheps Center for Health Services Research at the University of North Carolina.

Unlike Martin General, those hospitals were still in business when they made the switch. Officials in Martin County, however, believe the hospital can be reopened using the rural emergency model — something that has not been attempted anywhere else in the nation.

The hospital will benefit from a 2015 law passed by the General Assembly that makes it easier for a shuttered hospital to get back into business if the reopening takes place within a two-year window after the initial closure.

Dawn Carter, health care consultant for Martin County, said a study conducted by her firm in early 2023 found that the rural emergency hospital program would “be a really good fit” for Martin General, whose financial difficulties were by then well known. The problem, she said, was that the North Carolina General Assembly had yet to adopt a state budget with language allowing the state’s hospitals to participate in the program. Quorum closed Martin General in 2023 before a budget finally passed — months behind schedule — that October.

Earlier this year, the Centers for Medicare and Medicaid Services confirmed that Martin General could reopen as a rural emergency hospital, clearing the first and arguably most important hurdle in the county’s path. But Carter said there are still some obstacles left to overcome. “I don’t want to give false hope to that community, so we’re telling them what we know when we know it,” Carter said. “And right now, it’s just not determined.”

According to the Sheps Center,  nearly 150 rural hospitals across the U.S. have either closed or drastically scaled back their services since 2010. Twelve of those facilities are in North Carolina, the center reported. [Source]

Transit Tax

Steve Harrison, WFAE Radio, 8/09/24

Managers of the city of Charlotte, Mecklenburg County, and five of the six county towns said Friday that they have finished writing a bill to create a new transit authority … and to possibly raise the countywide sales tax by one cent to pay for transportation improvements.

In a statement, the managers said they will ask elected officials in each governing body to pass resolutions supporting the authority and tax increase.

Republican lawmakers would have to approve the bill. Mecklenburg voters would then decide in a referendum on whether to raise the sales tax. That could come in November 2025. WFAE has reported earlier that the bill would only allow 40% of the new sales tax money to be spent on rail transit; 40% would be spent on roads and 20 % on buses.

On Monday, Matthews’ town board plans to vote on a resolution opposing the new tax. Leaders there are upset that plans for light rail to the east have been swapped out for a bus line to Matthews. [Source]

 

Fishery Management

Brenna Flanagan, Port City Daily, 8/11/24

Recreational fishermen have been barred from catching the state’s most valued finfish, the Southern flounder, this year because they exceeded last year’s quota. But anglers say this season’s cancellation reflects a larger management issue at the state level. The Division of Marine Fisheries, part of North Carolina’s Department of Environmental Quality, announced the cancellation of the season, set for two weeks in September, on May 23.

Calculations from the 2023 season indicate the recreational catch of Southern flounder exceeded the quota allowed under the stock rebuilding plan set by the state in 2022.

Over two decades ago, state researchers determined Southern flounder were overfished and overfishing was occurring. The two terms carry different meanings: overfished is when a population is below a level needed to sustain itself, and overfishing means they are actively being caught at an unsustainable rate.

Limits were put on recreational and commercial anglers with the goal of rebuilding the flounder population. Per the current management plan, commercial fishermen are allocated 70% of the stock while recreational anglers get 30%, based on the proportion of flounder historically caught by commercial and recreational fishermen. However, the goal is for the groups to reach parity in 2026.

According to NCDEQ, the 2023 recreational quota was 114,315 pounds, but the estimated catch for 2023 was 241,609 pounds, resulting in an overage of 127,294 pounds.

Commercial fishermen have a larger share of the flounder take, along with better tools to track catches. However, recreational licenses outnumber commercial fishermen, who have been on the decline since the ‘90s. As of April 2023, there are an estimated 1.5 million recreational licenses in North Carolina and between 18 and 20 million recreational trips leaving from the coast annually. There are less than 6,000 commercial licenses, half or more inactive, while recreational fishermen have been bringing in more fish than commercial in recent years.

This perceived inequity between commercial and recreational fishermen has caught the eye of one local lawmaker.

Rep. Frank Iler, R-Brunswick, sent an open letter to NCDEQ on July 10 denouncing the cancellation and the state agency’s management of the flounder fishery. “I hate to compare this to the Covid lockdown, where the scientists and bureaucrats shut down the economy based on sketchy data and selective science. However, it is hard not to, at least on a smaller scale,” Iler wrote.

Iler warned of the effects the cancellation will have on charter fishing and the marine industry, which draw visitors to local coastal communities whose economies rely on tourism dollars.

“If our DMF cannot come up with a better fishery management plan at least by 2025, perhaps we need to go to the floors of the N.C. House and Senate, hear from citizens and objective experts, and come up with a plan for them,” Iler states in his letter. 

The next meeting of the Marine Fisheries Commission will take place Aug. 21–23. [Source]

Port Report

Ray Gronberg, Business NC, 8/08/24

The State Ports Authority says it had “mixed, yet balanced results” in its fiscal year ending June 30, highlighted by better-than-expected showings in the number of containers it moved by rail and the amount of bulk and breakbulk cargo. The Ports Authority’s announcement omitted mention of its actual financial results. That information will be including in an annual report filed later this year by the state auditor.

Last year’s report showed an annual operating loss of $58,904, along with a $49.7 million increase in the authority’s net capital position, driven mainly by state appropriations. Revenue was about $77 million in 2022-23.

Executive Director Brian Clark said the authority had “a record year for intermodal volume” in 2023-24, with some 17,000 containers moving by rail, 13% more than budgeted.

Wilmington and Morehead City also handled about 4.2 million tons of bulk and breakbulk goods, about 5% more than expected. It was less than the nearly 4.6 million tons in the previous fiscal year. That was a record for the ports, which are an agency of the N.C. Department of Transportation. “Both ports handled substantial volumes of natural rubber, steel, lumber, cement, wood chips and wood pellets, supporting everything from U.S. infrastructure, aerospace and the region’s growing automotive industry,” the authority said.

It acknowledged headwinds from “global industry challenges in the container market” but said the addition of new service from Central America helped.

The ports are trying to add to their capacity in various ways. One such project is a new rail year that when finished will be able to support 50,000 container movements a year. The by-rail numbers understate the ports’ total container traffic, given that only 9% or so of it moves by train.

Last year’s report published by the auditor said the authority moved 171,063 containers total in fiscal 2022-23. Annual moves have been in the general neighborhood of 150,000 containers for the last half-decade. [Source]

 

Superintendent Departure

Port City Daily, 8/09/24

The separation between former Superintendent Charles Foust and the New Hanover County Schools district is final. According to documents released by the school board, both parties signed off on the matter in the last two weeks. The school board voted unanimously — with Stephanie Kraybill and Josie Barnhart absent — on July 2 to terminate Foust, the district’s first Black superintendent hired in 2020.

Foust will receive $256,927.23, the total annual aggregate salary he was set to earn beginning the new fiscal year, July 1. This includes the 3% raise passed by the North Carolina General Assembly last year; the agreement notes there was a dispute about this as it was ratified after Foust’s separation, but the two parties settled it.

“The parties all desire to buy their peace, resolve their dispute, and settle any and all other potential disputes between them without resorting to litigation,” the agreement states. Thus, Foust must refrain from any claims of wrongful discharge, retaliation, discrimination, breach of contract or unpaid wages, bonuses, insurance, vacation, expenses and the like. He also signed off on abstention from verbalizing or publishing disparaging statements or comments about the board that could be considered defamatory, libelous or slanderous.

The board agreed to the same, as to not present Foust in any “false light before the public.” [Source]

 

Unemployment Claims

USA Today Network, 8/10/24

Initial filings for unemployment benefits in North Carolina rose last week compared with the week prior, the U.S. Department of Labor said Thursday. New jobless claims, a proxy for layoffs, increased to 3,221 in the week ending August 3, up from 3,169 the week before, the Labor Department said. U.S. unemployment claims dropped to 233,000 last week, down 17,000 claims from 250,000 the week prior on a seasonally adjusted basis. [Source]

Discrimination Suit

WBTV News, 8/11/24

A Charlotte IHOP location has been ordered to pay $40,000 and provide other relief to settle a religious discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC’s lawsuit, Suncakes, a company doing business as IHOP, hired a cook at its Woodlawn Road location in Charlotte in January 2021.

At the time of hire, a news release said the employee requested and was granted a religious accommodation of not working on Sundays to honor his religious observances. After a change in management in April 2021, the new general manager expressed hostility toward the accommodation and required the employee to work on Sunday, April 25 and Sunday, May 9. After the employee told the general manager that due to his religious beliefs, he would no longer work on Sundays, the general manager fired him. The general manager was also alleged to have made comments to other employees such as “religion should not take precedence over [the employee’s] job” and that the employee supposedly “thinks it is more important to go to church than to pay his bills.”

The EEOC said such alleged conduct violates Title VII of the Civil Rights Act of 1964, which provides for religious accommodations in the workplace and protects individuals from religious discrimination and retaliation. The EEOC filed suit in U.S. District Court for the Western District of North Carolina after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.

“Religious discrimination is intolerable,” said Taittiona Miles, lead trial attorney for the case. “Employers must respect all sincerely held religious beliefs, which includes providing reasonable accommodations when no undue hardship exists.”

Under the two-year consent decree resolving the lawsuit, Suncakes will pay $40,000 in monetary damages to the employee, provide annual training to managers on the provisions of Title VII, post a notice to employees about the settlement, and revise their current policies to expressly include protection for religious accommodations. [Source]

UNC Soccer

Keaton Eberly, WNCN News, 8/11/24

One of the most highly celebrated soccer coaches to ever step foot on the pitch is officially calling it a career. University of North Carolina women’s soccer coach Anson Dorrance, who’s led the Tar Heels to 21 NCAA championships, announced his retirement on Sunday afternoon after 45 seasons on the sideline. Dorrance, 73, informed UNC athletics director Bubba Cunningham of his decision on Friday, and then told his team over the weekend.

“As many of you know I modeled our program after Dean Smith’s basketball program, and retiring at this time is a credit to his thinking, as well,” Dorrance said in a released statement. “He would re-evaluate his tenure, not after the season, but after he had time to re-charge his batteries prior to the next season. When he didn’t, he retired.”

Dorrance, one of the most accomplished coaches in the history of college sports, led the Tar Heels to unprecedented success. The 1974 UNC graduate spearheaded his alma mater to a 934-88-53 record over the course of 45 seasons.

Just over a year ago, in July 2023, the UNC soccer legend agreed to a five-year contract extension. His contract was set to run through the 2028 season. His 21 national titles mark the most ever by a head coach in any NCAA Division I sport. The Tar Heels also played in six other NCAA championship games with Dorrance at the helm.

His tenure as head coach is the second longest in school history, only after former UNC fencing coach Ron Miller, who guided the program for 52 years. [Source]

NC Insider Legislative Report

LB: LEGISLATIVE BUILDING. LOB: LEGISLATIVE OFFICE BUILDING

HOUSE CALENDAR

Monday, Sept. 9, 2024

House Convenes at 12 P.M.

SENATE CALENDAR

Monday, Sept. 9, 2024

Senate 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. 11
  • Wednesday, Oct. 9
  • Tuesday, Nov. 19 to Friday Nov. 22
  • Wednesday, Dec. 11 to Friday Dec. 13

Legislative Studies and Meetings

LB: LEGISLATIVE BUILDING. LOB: LEGISLATIVE OFFICE BUILDING

Thursday, August 22

  • 2 p.m. | America’s Semiquincentennial Committee, 1228/1327 LB

Thursday, August 29

  • 1 p.m. | Agriculture and Forestry Awareness Study Commission, Ed Emory Auditorium, Kenansville.

N.C. Government Meetings and Hearings

BOLD ITEMS ARE NEW LISTINGS

Tuesday, Aug. 13

  • 11 a.m. | Economic Investment Committee  –  Regular Meeting, 301 N. Wilmington St, Raleigh.

Wednesday, Aug. 14

  • 9 a.m. | North Carolina Real Estate Commission Meeting, 1313 Navaho Drive, Raleigh.

Monday, Aug. 19

  • 2 p.m. | The Executive 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.

UNC Board of Governors

23 S. WEST STREET, SUITE 1800, RALEIGH

Wednesday, Sept. 11

  • Meeting of the Board of Governors, TBA.

Thursday, Sept. 12

  • Meeting of the Board of Governors, TBA.

Thursday, Oct. 17

  • Meeting of the Board of Governors, TBA.

Wednesday, Nov. 13

  • Meeting of the Board of Governors, TBA.

Thursday, Nov. 14

  • Meeting of the Board of Governors, TBA.

N.C. Utilities Commission Hearing Schedule

DOBBS BUILDING, 430 NORTH SALISBURY STREET, RALEIGH

Tuesday, Aug. 13

  • 10 a.m. | Public Hearing – Annual Review of Gas Costs | G-5 Sub 675

Wednesday, Aug. 14

  • 7 p.m. | Public Witness Hearing – Application for General Rate Increase for Piedmont Natural Gas Company, Inc. | G-9 Sub 837

Tuesday, Aug. 20

  • 6 p.m. | Public Witness Hearing – Application for Transfer of Public Utility Franchise and Approval of Rates of HISCO East, LLC in Carteret County to HISCO I in Carteret County | W-1297 Sub 17W-1344 Sub 0
  • 6 p.m. | Public Witness Hearing – Application for Certificate of Public Convenience and Necessity and for Approval of Rates to Provide Sewer Utility Service to Currently Served Cape Ponte Village Subdivision, Additional Phases for the National Park Service, Harkers Island RV Park and a Fe | W-1344 Sub 1

Wednesday, Aug. 21

  • 7 p.m. | Public Witness Hearing – Application for General Rate Increase for Piedmont Natural Gas Company, Inc. | G-9 Sub 837

Thursday, Aug. 22

  • 7 p.m. | Public 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

Monday, Aug. 12

  • 3:30 p.m. | Gov. Roy Cooper to hold press conference with North Carolina Department of Health and Human Services Secretary Kody Kinsley with update on hospital participation in state plan to reduce medical debt. North Carolina Executive Mansion, Raleigh.

Friday, Sept. 27

  • 2024 Lumbee Powwow, Lumbee Tribe Cultural Center, 638 Terry Sanford Drive, Maxton.

On anniversary of Marion County newspaper raid, questions still linger over journalistic freedoms

In the year since the chilling police raid on the Marion County Record in rural east-central Kansas, threats pertaining to a free press have yet to really subside.

A 124-page report issued Monday by special prosecutors summarized the findings of the monthslong investigation, but the report also heightened concerns over journalistic freedoms.

The investigation, led by Sedgwick County District Attorney Marc Bennett and Riley County Attorney Barry Wilkerson, affirmed plans to file a felony obstruction charge against former Marion Police Chief Gideon Cody, who executed a search warrant against Record personnel at multiple locations.

A key finding cleared Record reporters of any criminal wrongdoing. The report also detailed what some considered a clear abuse of power meted out by local law enforcement officials, but special prosecutors declined charges for an investigation they generally considered “inadequate” rather than illegal. The prosecutors were also careful to note that violations of federal law were not investigated. 

“The investigation conclusively determined that the reporters involved acted within the bounds of the law,” said Emily Bradbury, executive director of the Kansas Press Association. “This vindication reiterates the vital role of a free press in our society and the importance of protecting journalistic freedom.”

Record Publisher and Editor Eric Meyer told State Affairs he’s pleased by the pending felony charge against Cody but said more could have been done to hold others accountable. He described Cody as a “fall guy,” asserting that other law enforcement personnel made “demonstrably false statements” in their investigative reports and that there were additional individuals with varying degrees of culpability.

Meyer cited the Marion County Sheriff’s Office as an example of those let off the hook. 

Bradbury told State Affairs she agrees with Meyer that others who played a role in the raid, which garnered international headlines, were overlooked by the special investigators.

“There were an awful lot of people involved in this process, and Cody was just one of many people that could have stopped it,” she said. “There were lots of checks and balances that didn’t happen. If a few people had stepped up, it could have stopped a really bad situation.” 

But Bradbury refrained from publicly litigating the case, adding she has no desire to clash with legal experts over the findings. 

“There are a lot of opinions on whether that was enough,” she said of Cody’s criminal charge. “I won’t argue the legal opinions, but it’s a little concerning if these are the only protections we have here in Kansas.” 

Meyer said the newspaper and several staff members have filed lawsuits against local government entities asking for a combined $10 million, but he added that “it’s not about the money.” The suits starkly contrast the report’s findings, which Meyer said characterized law enforcement’s orchestration and subsequent handling of the raid as “sheer incompetence.” To the contrary, Meyer said the incursion of his business and home was a coordinated effort designed to hit back at the paper for delving too deeply into the inner workings of local government affairs. 

“One of the things that troubles me the most personally is that throughout this entire thing, I’ve spoken about what happened openly and truthfully,” he said. “And it’s just the other way around with everybody in government.” 

Bradbury and Meyer struck a similar chord over the report’s apparent rationale of “what rises to the level of reckless” behavior. “That was a lightbulb moment for a lot of us,” Bradbury said. “If this doesn’t rise to the standard of ‘reckless,’ what does?” 

Bradbury said the report answered a few lingering questions and helped clarify the timeline from the investigators’ perspective. But she said the report also raised fresh questions. 

“What we heard a lot after the raid was, ‘Our actions will be vindicated,’” she said of comments made by Cody and local law enforcement. “There was no vindication for them.

“We knew what our protections were under the law, so that was nice validation that our reporters did nothing wrong.”

Freedom of the press

Infringements on journalistic freedoms are happening worldwide. Last month, an Italian journalist was levied a roughly $5,000 fine for social media posts mocking the height of Italian Prime Minister Giorgia Meloni. Meloni also won a libel suit against another journalist who criticized her during a televised interview. 

Bradbury said law enforcement’s raid of the Marion paper “really brought to light what we would lose if we lost a fair and free independent press.”

“That being said, we still have some work to do, and I think the report showed that,” she said. “We’re just more steadfast in our mission now.”

Bradbury said she was comforted by the outpouring of support in the wake of the raid.

“While we appreciate that support, we also want to prevent this from ever happening again. And maybe that looks like education with the law enforcement community, and being involved in those kinds of processes,” she said, noting that the report outlined how Kansas Bureau of Investigation agents received additional training on press freedoms and the First Amendment.

“For us, it’s looking back, but it’s also moving forward,” Bradbury said. “I saw some accountability in the report with Cody, and that’s wonderful. But I also know that that’s not the only thing that’s going to stop this from happening again.” 

Meyer said he hasn’t had adequate time to truly reflect on the earth-shaking events of Aug. 11, 2023 when local authorities raided not only the Marion County Record office but also the home of Eric Meyer and his 98-year-old  mother, Joan, also  the paper’s co-owner, died the day after Marion County authorities entered into her home with a search warrant and riffled through her belongings. 

“She died of broken heart syndrome,” Meyer said. 

The Cody-led raid ultimately resulted in a depletion of the paper’s already small newsroom staff. Now, a year later, Meyer said he’s still struggling to get the paper fully staffed. 

“We have been so caught up in just trying to get the paper out without our full staff, with all the burdens that come in on top of this, that we really haven’t had time to properly grieve and reflect and move on to the next thing,” he said. 

Meyer also described the difficulty he’s had in accessing government documents that should be readily available. 

“The day of the raid we went to the district court clerk’s office to see the probable cause affidavit for the search warrant,” he said. “Their response was, ‘No such document exists in this office.’ But they could have just said, ‘We returned it to Chief Cody and he hasn’t refiled it yet.’

“So what are you supposed to do about this?” 

‘Seized but not silenced’

The raids stemmed from an alleged squabble between the newspaper and local restaurateur Kari Newell, who publicly accused the paper of illegally obtaining sensitive information related to her driving record. Newell contended during a city council meeting that her constitutional rights were violated when identity theft was used to access her public records.

The paper was in possession of Newell’s data, which showed a DUI conviction, but Meyer said Record reporters had looked into it only after they were tipped off. They were also attempting to discern whether the conviction would have precluded Newell from maintaining a liquor license for her business. Meyer said he opted not to publish a story on Newell’s criminal history because he and his staff were skeptical about information that was leaked to the paper — and even went as far as contacting the police about it. 

Magistrate Judge Laura Viar greenlit a search warrant based on probable cause affidavits formulated by Cody. The raids entailed the seizure of computers, cellphones, hard drives and documents. . 

The report issued by special prosecutors specifically cleared Meyer and Record reporter Phyllis Zorn of any crimes. 

“Whether our experience is going to encourage others to not let this happen silently, I don’t know,” Meyer said of tactics used against journalists. “But that’s my hope.”

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

NCSL: Lawmakers urged to be aware of AI use, potential for abuse

Lawmakers may soon begin drafting legislation aimed at implementing or restricting the use of artificial intelligence after leaving the National Conference of State Legislatures’ annual summit.

The burgeoning technology was a major focus of this year’s conference, which featured nearly a dozen AI-focused sessions. Lawmakers from statehouses across the country learned about cybersecurity, election interference, workforce development and other topics.

After one session, an informal poll showed 87% of attendees felt their state laws were not adequate to deter the threat AI could pose to elections. 

NCSL Associate Director Ben Williams said in an interview that there have been hundreds of AI-related bills introduced in recent years — and lawmakers are hungry to learn more. 

“This is something legislators know is a really important issue going into the coming years, and it’s not going to go away,” he said. “It’s only going to grow in importance, and so they told us to try to put more information up about AI, and we’re trying to deliver as best we can.” 

The conference’s focus was clear from the beginning when the NCSL booked Jennifer Pahlka, the founder of Code for America, as the opening speaker on Day 1. 

Pahlka suggested thinking about AI as if it’s an intern. 

“You may have some fantastic interns, but you’re always going to have a more senior staff member look over anything that your interns might write and make sure that it is correct and make sure that it is consistent with you and your values and what you’re trying to do for the people that you serve,” she said. “And I think AI, especially generative AI, can be a great tool for all the things that you’re doing.”

AI to lessen burden, optimize results

There are three ways to improve state capacity, Pahlka told lawmakers and other attendees: focus on the right things, have the right people and burden them less. 

“If you can use AI for simplification, you can burden folks less to do more,” she said. 

Pointing out the length and complexity of unemployment insurance codes, Pahlka said, “AI is going to help us make sense of that complexity. 

Connecticut state Sen. James Maroney, who’s led the way on AI issues in his state, said there’s a rush to implement the new technology.

It’s a “shiny new thing,” he said, but it’s important to recognize states are “very different from the private sector” because governments don’t have the same ability to take risks.

Maroney pointed to scenarios where government AI use went wrong, including when Spanish law enforcement used the technology to assess the risk of domestic violence, leading to a woman’s death at the hands of her husband after he was rated as low-risk.

Alexi Madon, a government relations executive at IBM, and Jamia McDonald, a principal in Deloitte’s Human Services Transformation division, both said states are already using AI in many areas — even if they don’t realize it.

States should start by inventorying and disclosing their government’s existing uses of AI, Maroney said, a policy his state has already implemented.

McDonald and Madon, who joined Maroney on a panel on AI’s use in government, said it’s crucial for states to adopt a risk management framework to determine what tasks they are and aren’t comfortable with using the technology to accomplish.

“When you have a security framework, it is easy to get to the right outcome,” McDonald said.

Madon suggested agencies hire their own AI-specific experts instead of relying solely on existing IT staff.

Is artificial intelligence close to a point at which it could be used to draft bills?

“Do I think it’s happening tomorrow? No,” Madon said. But she said that possibility isn’t too far away.

AI in the Wild West of politics

While some sessions highlighted the ways AI can improve government, others focused on how it can be used to sow chaos.

“That’s a wild future that we’re looking at,” Kentucky state Sen. Whitney Westerfield said about the possibility of AI-written bills.

New Hampshire Secretary of State David Scanlan knows those downsides all too well after a political consultant sent AI-generated robocalls that sounded like President Joe Biden dissuading voters from casting votes 24 hours before the statewide primary. 

Very quickly after it was reported, the state’s attorney general made a public statement that the phone call was misinformation and a “severe form of voter suppression.” 

“My office reinforced that message, and we kept delivering that message throughout the day,” Scanlan said.

He considers the response a success, saying, “If there was an impact, it was not on a scale that affected the outcome of the election.” 

New Hampshire now has a law requiring a disclaimer on AI-generated messaging.

Cait Conley, senior adviser to the director of the U.S. Cybersecurity and Infrastructure Security Agency, said AI has positive uses.

“[But] we can’t blindly accept the good without recognizing the potential for bad,” she said. “Just like every other technology, there’s going to be malicious actors who want to further their own objectives.”

The technology can also be used by foreign adversaries — such as Russia, China and Iran — to foment partisan distrust through misinformation campaigns that have migrated from public platforms to chat channels, she said.

Conley recommended states ensure constituents know where to find reliable information and said one easy step is to transition all local election board websites to a  “.gov” domain, which has been free since 2022.

The potential consequences of AI are real, McDonald said. She cautioned that although it’s a new and exciting tool, lawmakers should first determine exactly what problem they’re trying to solve — and whether AI is the right solution.

“Just because you can, doesn’t mean you should,” she said.

Krista Kano is a staff writer for Gongwer Ohio/State Affairs. Reach her at [email protected] or on X @krista_kano

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

NCSL: How have elections changed since 2020?

LOUISVILLE, Ky. — Four years after the 2020 election spawned countless challenges, concerns and conspiracy theories — and on the brink of another presidential contest — how have election policies changed?

Dozens of lawmakers, election officials and staffers gathered to discuss that question and others during a five-plus-hour session Thursday, the day after the bulk of the annual National Conference of State Legislatures summit wrapped up.

Charles Stewart III, a political scientist at the ​​Massachusetts Institute of Technology, explored how the COVID-19 pandemic affected policies before and after the 2020 election.

The early pandemic saw many state primaries being pushed back, coupled with a massive expansion in voting by mail.

“Not surprisingly … there were a lot of problems,” Stewart said, including rejected ballots and concerns with postal service and reporting delays.

Before the pandemic, the share of in-person voters gradually decreased from 89% in the late 1990s to 60% by 2018, Stewart said. But in 2020, for the first time in the nation’s history, less than half of all voters cast ballots at polling booths.

There was also a sharp partisan divide between those who voted by mail and those who voted on Election Day: More Democrats voted by mail, while more Republicans voted in person. Voting patterns returned to their previous trend in 2022, though mail voting was still higher than in the pre-pandemic period.

“Issues of auditing became front and center and are a secret, silent issue that’s going to continue into the present,” Stewart said, as did the issue of counting speed, or how fast unofficial results were reported on election night.

He said voters from the party in power in a state were historically more trusting than the party out of power. In 2020, however, Republicans everywhere were more distrustful of election results, particularly in battleground states and states with high mail voting. That pattern eased a bit in 2022, except in Arizona and Pennsylvania.

The biggest correlation? Stewart said people who felt their own polling place was run well were significantly more likely to trust the election results, both locally and nationally.

“There is one thing in control of election administrators: running a good election,” he said.

Several experts outlined their best strategies on how to run a good election — and how to reassure voters that elections are secure.

There are more than 10,000 election jurisdictions nationwide, each with different policies and procedures, according to Tammy Patrick, chief program officer for the National Association of Election Officials.

Just 8% of election offices serve 75% of the nation’s voters because many dense urban areas have only one jurisdiction.

Transparency is important, Patrick said, but a paradox exists because officials can’t reveal everything — such as security procedures — because it would open election systems to foreign threats.

In the run-up to the 2024 general election, Patrick expects foreign adversaries to attempt to undermine confidence in the election system.

Elected officials can build voter trust in the election process in three key ways, said Matt Germer, director of the governance program at the R Street Institute, a free-market think tank:

  1. Publicly affirm the security and integrity of American elections.
  2. Use transparency and public outreach to drive public confidence.
  3. Champion policy changes in the spirit of continuous improvement.

Officials shouldn’t intentionally raise the stakes during debates over election bills by implying elections wouldn’t be secure without reforms, Germer said.

Former Colorado Secretary of State Wayne Williams said the keys to establishing trust include publishing rules and guidelines in advance, using voter-verifiable paper ballots and sharing information as soon as possible.

The more delays there are during the reporting process, the more time there is for people to speculate and spread conspiracy theories. Williams encouraged officials to be as transparent and open as possible.

“The hardest thing to defend is, ‘They wouldn’t let me see,’” he said.

Officials should listen to and attempt to respond to every question, Williams said, adding that “not every question is an insurrection.”

“I may never persuade the hardcore zealots on either side,” he said, “but who I want to persuade is the people who hear them.”

Heather Balas, vice president of Election Reformers Network, said her organization has developed an online toolkit to help election officials communicate with the media and the public during elections that go into “overtime” — ones with narrow margins and hotly contested legal disputes.

Word choice can have a big impact, Germer said, such as the rhetorical difference between “purging” voter rolls versus “list maintenance.”

“The trust in a system is impacted by elites and the way they talk about it,” he said.

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

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