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Nov. 1, 2006
Contact: Bryan Warner, N.C. Center for Voter Education, 919-839-1200

N.C. Center for Voter Education Calls on FairJudges.Net to Stop Airing Ad Aimed at State Supreme Court Election

RALEIGH - The nonpartisan N.C. Center for Voter Education has called on a new political committee called FairJudges.Net to stop airing a televised ad promoting certain candidates for the N.C. Supreme Court.

Beginning Tuesday, FairJudges.Net began a statewide televised advertisement campaign touting four candidates for the state’s highest court.

The launch of the ad marks the first time in this year’s election for the N.C. Supreme Court that a so-called “527 group” has publicly weighed in on the contest. The “527” reference comes from the IRS code granting them their tax status, and these organizations face fewer restrictions on fundraising than do candidates, political parties and political action committees, making them a desirable vehicle for individuals and groups looking to shape elections.

While other states have seen a sharp increase in 527 spending in their respective Supreme Court races, North Carolina has for the most part avoided that trend and has been looked upon as a national model of court campaigns free of special interest influence.

There is no indication that FairJudges.Net is in violation of state laws governing 527s, but the group’s sudden injection of expensive television advertising in these judicial races with just days before Election Day is seen by many observers as opening the door to the special interest spending prevalent in court races elsewhere.

“The ads from FairJudges.Net may not be negative, but they set a dangerous precedent for more special interest influence in our court elections,” says Chris Heagarty, executive director of the N.C. Center for Voter Education. “Electioneering by 527 organizations creates a potential conduit to maneuver around existing campaign finance limits that could be abused and is not a healthy development for those of us concerned with protecting the integrity and independence of our judicial system.”

Two candidates participating in the state’s system of public financing for judicial elections face opponents who are promoted in the ad by FairJudges.Net. The state’s public financing program includes a mechanism for granting matching funds to participating candidates when faced with an outside group spending money to affect the outcome of the election.

However, how to treat spending by a 527 group is a gray area. Therefore the N.C. Center for Voter Education has asked the State Board of Elections to explore granting matching funds to these candidates, to make up for any disadvantage created by the special-interest group’s ad.

Finally, the N.C. Center for Voter Education is joined by Democracy North Carolina in making this appeal to FairJudges.Net to stop providing this unfair advantage to candidates in these races, particularly against those who agreed to abide by their own voluntary spending limits.

“We recognize the right of FairJudges.Net to promote any candidates of their choice, within the confines of the law,” says Heagarty, “but we ask them to consider the importance of protecting the integrity of our court elections and to stop airing this ad, as it may invite special interest meddling in elections to come.”

The advertisement in question is online at www.fairjudges.net.

The N.C. Center for Voter Education is a Raleigh-based nonpartisan and nonprofit organization dedicated to improving elections in North Carolina. The Center has created an online, nonpartisan voter guide with information on this year’s judicial candidates. The guide is available at www.ncvoterguide.org.

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