Senate leader Phil Berger, who is trailing in a closely contested primary for his seat, has created a legal fund as he gears up for what could be a protracted recount process. Meanwhile, his opponent’s campaign is calling on Berger to concede.
Rockingham County Sheriff Sam Page’s lead over Berger widened to 23 votes Friday after provisional ballots were tallied in the neck-and-neck GOP primary for the state’s 26th Senate District. Officials are expected to finish counting overseas and military votes this week. If the margin of victory is less than one percentage point in the official count, the trailing candidate can request a recount by March 17.
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A day earlier, a liaison for Berger’s campaign committee filed paperwork with the Internal Revenue Service to create the Phil Berger Legal Expense Fund. And on Friday, Berger telegraphed that he’s leaning toward a recount — a process that often leads to legal challenges.
"If we believe a recount is merited,” Berger said in a statement on Friday, “I will pursue that avenue as allowed by law. A lot of folks have supported me throughout my time in public service, and I owe it to them to ensure clarity of the election results.” He added that his legal team was evaluating his options ahead of this week’s canvass.
Patrick Sebastian, a post-election advisor for Page, said Tuesday that Page is also creating a legal fund. He also called on Berger to concede.
“Phil Berger and his national allies tried and failed to buy this election with more than $10 million in shameful, false attacks against Sheriff Sam Page,” Sebastian said in a statement Tuesday. “We are prepared to stop any attempt by Phil Berger to disenfranchise his own constituents. It’s time for Phil Berger to concede the election he lost.”
It’s common for candidates in tight races to create a funding platform to pay lawyers who are monitoring the situation.
“It’s Campaign Operations 101,” Jonathan Felts, a spokesman for the Berger campaign, said Tuesday, adding that it doesn’t necessarily confirm that there will be legal action.
Berger’s campaign said in a statement on Friday that if Berger were to officially request a recount, it “will not be a year-long, random fishing expedition.”
“If Senator Berger decides to pursue a recount,” the statement said, “we would simply be seeking the clarity a recount would provide to everyone, candidates and voters alike.”
Page’s campaign expects the certification process — including the tally of overseas and military ballots — to ultimately yield a result in his favor. “It’s an honor to be chosen by the majority of voters as our party’s nominee,” Page said in a statement Friday.
A Page win would shake up leadership in the North Carolina Senate, and the race has attracted national attention because of the high stakes.
Berger became the Senate president pro tempore in 2011. As leader of the Senate, he has strong influence over which measures advance in the chamber. He has stayed in the leadership position through several governors and House speakers. Over the past 15 years, Berger has led Republican measures to cut taxes, slash regulations, and rewrite state policies to more align with the GOP’s agenda.