On October 10, 2002, Gov. Michael Easley signed the N.C. Judicial Campaign Reform bill (SB-1054) into law at a ceremony in the old House chamber of the Old Capitol in Raleigh. The room was packed with a mix of campaign-finance reformers from around the state, Supreme Court justices, state legislators, attorneys, young radicals, old Republicans, and a few tourists, all sitting at the desks that House members used for decades, plus a gallery filled with 8th graders invited especially for the event. It was a wonderful sight of "government of, by, and for the people" and very appropriate for this legislation.
The bill passed the N.C. House of Representatives on September 26, 2002, on third reading by a vote of 57 to 54. (It passed second reading by even narrower 57 to 55). The vote followed party lines, with all Republicans voting against the bill, except Rep. Monroe Buchanan, and all Democrats voting for it. (Several members were absent.) A few days later, on October 1, the state Senate concurred with the changes made in the House by a vote of 34 to 12, with Republican Senators Fletcher Hartsell and Bob Shaw supporting the motion along with the Democrats.
Enactment of SB-1054 is an historic achievement for campaign finance reform in North Carolina and is the most sweeping judicial reform in the country. It is the only full public financing program in the country for judicial candidates in general elections. (Wisconsin has an underfunded, partial public financing program for Supreme Court elections.)
The victory is due in large measure to the cumulative efforts of many individuals taking small steps that added up to a giant boost for improving democracy in North Carolina. It has been a huge, multi-faceted, multi-year effort, with many players inside and outside legislature...
To all those involved: Thank you for every time you sent an email or made a call or talked to a friend or legislator about reform. It all adds up and it does make a difference!
WHAT THE BILL DOES
Essentially, the Judicial Campaign Reform Act (SB-1054) does four things (see end of message for links to bill summary and bill text):
** makes the elections of state Supreme Court and Court of Appeals nonpartisan, beginning in 2004 (like Superior and District court races are now); Republican legislators particularly opposed this feature of the bill.
** gives candidates for state Supreme Court and Court of Appeals the option of public financing, if they voluntarily agree to fund-raising and spending limits; they must raise at least $30,000 during the primary period from at least 350 registered voters and win the primary to be eligible for a flat grant of public money for running their general election. If they abide by the spending/ fundraising limits in primary period and are outspent by non-participating candidate or independent spenders, then they are eligible for "rescue" money from Fund. They also get rescue money in general, so funding that begins at about $200,000 for a Supreme Court candidate in the general election could reach a total of $600,000.
** distributes a Voter's Guide to households about the appellate court candidates; and
** lowers the contribution limits for the judicial candidates not in the public financing program to $1000 per election, from the current limit of $4000 per election.
HOW IS IT FUNDED
Money for the Public Campaign Financing Fund would chiefly come from two voluntary sources: (a) a $50 contribution attorneys would be asked to give when they get the invoice for their annual privilege license; (b) a $3 check-off on the state income tax form, similar to the $3 Presidential check-off on the federal tax form. The total program cost is about $1.8 million a year or $3.6 million per election cycle. There will be enough money to operate the program if just 11% of taxpayers agree to the $3 check-off, which is how many now participate in the Presidential check-off.
(Ironically, the Senate Republican Caucus endorsed a "reverse" check-off to fund the original public financing bill that covered legislative, statewide judicial, and executive branch candidates. But they objected to the shift to nonpartisan judicial elections and eventually opposed the bill. Since the current bill only covers statewide/appellate judges, the funds needed are much smaller and a positive check-off, with about 10% to 12% participation of taxpayers, will cover its costs.)
MORE BACKGROUND ON CAMPAIGN
While the Republicans inside the General Assembly locked arms against the bill, there was plenty of Republican support outside -- 88% of Republican voters favor taking party politics out of judicial elections, and 70% favor offering a public financing option for appellate court candidates (poll by a Republican firm, American Viewpoint, sponsored by NC Center for Voter Education).
A broad coalition of groups and individuals joined the effort to pass judicial public financing. Inside the legislature, the key sponsors were Sen. Wib Gulley, Sen. Allen Wellons, and Rep. William Culpepper. Others, including Sen. Dan Clodfelter and Rep. Phil Baddour, played important roles.
Outside the General Assembly, much of the mobilization of public support was coordinated by N.C. Voters for Clean Elections (NCVCE), a large coalition whose work was anchored by the polling, media work and special events sponsored by the N.C. Center for Voter Education and by the research, outreach, and constituency organizing of Democracy South.
The president of NCVCE, Thomas H. Coulson, said: "By passing the Judicial Campaign Reform Act, the General Assembly has recognized that the citizens of our state have a vested interest in the integrity of campaigns for public office, especially those involving our highest courts. This is truly an historic victory. By putting the public on an equal footing with big investors in politics, this reform safeguards the perception of an impartial judiciary. Public financing is a smart investment that gives voters real ownership of the election process."
There are many, many people and organizations that got involved in creating a public financing program for appellate court candidates in nonpartisan elections. Here are a few examples:
** Former Democratic and Republican Supreme Court Justices Burley Mitchell, James Exum, Francis Parker, and Henry Frye endorsed the central provisions of the bill. They would prefer to see a system of appointment for judges (they don't agree on the method of appointment), but recognize that elections are going to continue and therefore say the new law is an important step forward.
** A. P. Carlton of Raleigh, President of the American Bar Association, said the Judicial Campaign Reform Act "meets the standards recommended" by the ABA for preserving the integrity and impartiality of the courts, and he strongly supported the bill.
** Thousands of citizens all over the state participated in constituency meetings with legislators over the past two years, sent emails and letters, and signed petitions calling for "Voter-Owned" Campaign Reform -- elections controlled by voters rather than special interests and wealthy donors.
** Over 1,000 attorneys and judges in North Carolina (Republicans and Democrats) sent support statements to NCVCE, calling on the General Assembly to enact a public financing program for candidates running for the N.C. Supreme Court and Court of Appeals. They followed up by contacting their legislators, etc.
** The list of endorsing attorneys included the current president of the North Carolina State Bar and all 12 of the last 12 presidents. The N.C. State Bar is the body that oversees the conduct of attorneys. (The NC Bar Association, the membership organization of attorneys, decided to not take a position on the bill, so it was necessary for us to go directly to individual lawyers and judges and make their support visible. Six of the seven Supreme Court judges opposed the bill, making direct constituency organizing all the more important.)
** The list of endorsers also included top attorneys in corporations like Wachovia Bank, Burlington Industries, Belk Stores, and Progress Energy, as well as the state's top civil-rights attorneys, and hundreds of civic leaders, led especially by former U.S. Senator Robert B. Morgan, who helped recruit many others to the cause.
** Key members in the overall NCVCE coalition are the NC League of Women Voters, Democracy South, NC Center for Voter Education, Common Cause, NC PIRG, NAACP and NC Council of Churches. Other statewide organizations in the coalition include: Baptist State Convention's Council on Christian Life and Public Affairs; Business and Professional Women of NC; Covenant With North Carolina's Children; Conservation Council of NC; NC Association of Educators; NC Coastal Federation; Taxpayers for Accountable Government; and the United Methodist Church Board of Church and Society.
For comment and
additional background, contact:
Thomas H. Coulson, president of NCVCE, 828-683-9354
Chris Heagarty, exec. dir. of NC Center for Voter Education, 919-839-1200
Bob Hall, research dir., Democracy South, 919-489-1931
Erin Byrd, coordinator of NCVCE, 919-838-8683
Click here to read the full Legislative Summary of the bill as it passed the NC House on September 26, 2002 (PDF format).