Art Pope’s Wild Ride

I don’t know whether
Art Pope is going to knock off Richard Morgan in Tuesday’s primary. But I’m willing to bet that Morgan beats Pope
in the State Board of Elections.

For years now, Pope
Republicans and Morgan Republicans have fought a civil war. It’s like the Shiites and Sunnis without the
bombings.

Pope has targeted
Morgan and his allies in this year’s primaries. Morgan is fighting back – not
just politically, but also legally.

Morgan has filed a
complaint with the State Board of Elections.
He claims that Pope’s Republican Legislative Majority of North Carolina, a 527,
is illegally using Pope’s corporate millions to target candidates.

I believe Morgan will
win: The board will rule that Pope’s war against other Republicans is not
constitutionally protected “issue advocacy.”
The Board will rule that it is an illegal use of corporate money in
elections.

But the federal
courts may take a different view.

Pope wrote a letter
to The News & Observer other day. He
seemed to dig himself into a deeper hole with the Board of Elections.

He wrote:

“Republican state Reps. Richard Morgan and Rick Eddins voted for and
supported the politically corrupt Democrat Jim Black for House speaker. Morgan
is using Mike Weisel, the former Wake County Democratic Party chairman, as his
attorney in filing a complaint….”

In effect, he admits
his jihad is about partisan politics.

He goes on to make a
point I’d like to agree with:

“If disclosing and debating an incumbent legislator’s voting record is
not issue advocacy and free speech, then what is? Should incumbents be able to
shield themselves from criticism because they are also candidates?”

He’s right. And if that is what Pope is doing, fine.

If you look at his mailings, Pope has
slammed his rivals on issues. But he has
never crossed the “bright line” the federal courts have drawn: He has never
urged anyone to vote for or against his targets.

But Morgan’s complaint is not based on what Pope said. It’s based on why he said it. Morgan’s point
is simple. He argues that Pope has only
one motive: beat Morgan.

I think the State
Board will rule with Morgan. I base that
in part on how the board has dealt with Speaker Jim Black. The board is focused on rooting out illegal
corporate contributions that it believes taint the political process.

But the federal
courts may be more concerned with protecting free speech.

So Pope might be wise
to get his lawyers working on an appeal to the federal courts.

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Gary Pearce

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Art Pope’s Wild Ride

I don’t know whether
Art Pope is going to knock off Richard Morgan in Tuesday’s primary. But I’m willing to bet that Morgan beats Pope
in the State Board of Elections.

For years now, Pope
Republicans and Morgan Republicans have fought a civil war. It’s like the Shiites and Sunnis without the
bombings.

Pope has targeted
Morgan and his allies in this year’s primaries. Morgan is fighting back – not
just politically, but also legally.

Morgan has filed a
complaint with the State Board of Elections.
He claims that Pope’s Republican Legislative Majority of North Carolina, a 527,
is illegally using Pope’s corporate millions to target candidates.

I believe Morgan will
win: The board will rule that Pope’s war against other Republicans is not
constitutionally protected “issue advocacy.”
The Board will rule that it is an illegal use of corporate money in
elections.

But the federal
courts may take a different view.

Pope wrote a letter
to The News & Observer other day. He
seemed to dig himself into a deeper hole with the Board of Elections.

He wrote:

“Republican state Reps. Richard Morgan and Rick Eddins voted for and
supported the politically corrupt Democrat Jim Black for House speaker. Morgan
is using Mike Weisel, the former Wake County Democratic Party chairman, as his
attorney in filing a complaint….”

In effect, he admits
his jihad is about partisan politics.

He goes on to make a
point I’d like to agree with:

“If disclosing and debating an incumbent legislator’s voting record is
not issue advocacy and free speech, then what is? Should incumbents be able to
shield themselves from criticism because they are also candidates?”

He’s right. And if that is what Pope is doing, fine.

If you look at his mailings, Pope has
slammed his rivals on issues. But he has
never crossed the “bright line” the federal courts have drawn: He has never
urged anyone to vote for or against his targets.

But Morgan’s complaint is not based on what Pope said. It’s based on why he said it. Morgan’s point
is simple. He argues that Pope has only
one motive: beat Morgan.

I think the State
Board will rule with Morgan. I base that
in part on how the board has dealt with Speaker Jim Black. The board is focused on rooting out illegal
corporate contributions that it believes taint the political process.

But the federal
courts may be more concerned with protecting free speech.

So Pope might be wise
to get his lawyers working on an appeal to the federal courts.

Avatar photo

Gary Pearce

Categories

Archives