North Carolina Democrats seek election, campaign changes after lawmaker switches to GOP

RALEIGH, N.C. (AP) — North Carolina state legislators who change party registrations midterm could be subject to an early election to keep the seat, according to a bill filed Tuesday by Senate Democrats in response to Rep. Tricia Cotham's switch to the GOP two months ago.

The measure would be prospective and wouldn't apply to Cotham, whose move gave Republicans a veto-proof majority in both General Assembly chambers. It likely won't get traction in the GOP-controlled Legislature. Her altered allegiance helped Republicans pass new abortion restrictions when they were able to override Democratic Gov. Roy Cooper's veto on party-line votes.

Her change angered Democrats both in Raleigh and in her Mecklenburg County district where she won last fall by over 18 percentage points. Critics say those who voted for her are being robbed of representation. Speakers at a Tuesday news conference about the bill included Cotham's constituents.

The measure says that when an elected or appointed General Assembly member switches party registration with more than six months remaining on their term, the seat would be declared vacant. The special election to complete the two-year term would be held within 90 days. The bill also would force a party-switcher to refund recent campaign finance donations if requested by a donor.

“You can’t completely switch teams, put on the other jersey and start scoring goals for the opposite team and have no recourse whatsoever from voters,” Sen. Natasha Marcus, a Mecklenburg County Democrat and bill co-sponsor, told reporters. “So it’s time we made this change.”

On Tuesday, Cotham shared her response to the legislation.

"I laughed at it at first. I think it's also just really, really sad," Cotham said. "There's a lot of work to be done at the general assembly right now. It's a very busy time.

"Clearly, they're not in the in crowd, working on legislation, working on this budget, working on solutions. They're coming up with just petty nonsense that really just shows their ineffectiveness. That's very unfortunate."

Party switches are uncommon. Rep. Bill Brisson of Duplin County switched from the Democrats to the Republicans in 2017.

Another bill sponsor, Sen. Michael Garrett of Guilford County, said he didn't expect the measure to advance anytime soon “because it’s a little too close to the incident in Mecklenburg County.” But he said the proposal is “good government. It is about restoring voters' confidence.”

The bill doesn't identify Cotham by name, but its preamble referred to details about Cotham's race last November by identifying the exact number of votes cast in her election.

The bill wouldn’t affect Cotham – but it wouldapply to any other lawmaker who switches parties after an election in the future. The lawmaker would have to go through a special election within 90 days to keep their seat.

State Sen. Natasha Marcus, D-Mecklenburg, said they would also be required to refund campaign donations that were made before the party switch.

"If you pay for a sweet tea at the drive-thru window and end up with an unsweetened tea, you should be able to get your money back, and many donors contribute much more than the price of tea," Marcus said.

Nineteen other states have recall elections, but North Carolina is not one of them.

"The fact that she broke our trust is the biggest letdown for a lot of people in the community," said Ann Newman, a former Cotham supporter.

Newman has known Rep Tricia Cotham for many years. She worked on her campaigns, gave her money, even came to her kids’ baby showers. She had no idea Cotham would switch to the Republican party. Newman feels betrayed.

"The fact that she didn’t apologize has been a really big deal with me," Newman said of Cotham. "My mother taught me better than that."

Mary Jane Conti is another constituent. She said Cotham’s switch didn’t just affect her district – it affected the whole state by giving Republicans a veto-proof majority and voting for abortion restrictions after running on a pro-choice platform.

"She was a Trojan horse and does not represent the majority of the constituents," Conti said of Cotham. "Voters need some kind of recourse when this kind of bait and switch happens."

The bill is not likely to get a hearing in the Republican dominated legislature. However, state Sen. Michael Garrett, D-Guilford, said it should if Republicans really want to improve public confidence in elections.

"I think this example, if you talk to people is one of the most offensive instances of true voter fraud we have seen in recent state history," Garrett said. "So, it really is our responsibility and I think our obligation to address it."