CBC Editorial: Wednesday, Oct. 10, 2018; Editorial #8349
The following is the opinion of Capitol Broadcasting Company
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What problems could arise from the General Assembly’s plan to rewrite the North Carolina Constitution and take control of the State Board of Elections and Ethics Enforcement? Look no farther then recent revelations concerning House Speaker Tim Moore, R-Cleveland.
The proposed constitutional amendment would strip the governor’s authority to appoint the board and essentially put it in the hands of the legislature. It would also reduce the membership from nine, to eight members (four from each major political party) – rendering it likely that resolution of controversial, high-profile issues end in tie votes and render the board toothless and worthless.
The constitutional amendment was proposed after the courts declared a law the legislature passed to accomplish the same thing was unconstitutional because it violated the mandate for separation of powers between the executive, legislative and judicial branches of state government.
Moore is an attorney who, in his personal law practice, represents public agencies and private clients who, at times have business before state government and issues being considered in the legislature.
Recent news revelations have pointed to potential conflicts of interest with his legal work and his role as a legislator. Did he help a client by getting a law passed so he could bypass a local government land development ruling? Did he use his influence inappropriately in connection with legislation involving the bail bond business? Did he use his clout to get a job for a former fiancée at the state Insurance Department?
These questions are serious enough that Wake County District Attorney Lorrin Freeman has talked to the State Bureau of Investigation about a “preliminary review” of some of the issues.
If the legislature’s constitutional amendment changing the state board is passed, it might make any kind of investigation pointless. The results of the inquiry would be sent to the Ethics Board – which would then be unable to act because it would be filled with legislative appointees and any potential action would stall in a likely tie vote.
Retired Superior Court Judge Donald Stephens says the proposed amendment is a power grab to protect legislators. Stephens said legislators want to control who is and is not investigated for campaign finance and ethics violations. "That's like foxes appointing foxes to investigate who ate the chickens," he said. (https://www.wral.com/judges-come-out-against-two-proposed-nc-amendments/17877806/)
North Carolina citizens have every right to expect their public officials – including legislators – act appropriately. And they should be assured that if there’s the possibility that they aren’t, allegations will be appropriately investigated, findings fully reviewed and responsibility assessed.
There is no good reason to pass the amendment to allow party leaders in the General Assembly to control the appointments to the state ethics and elections board. Voters must reject it.
See you at the polls.