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Outside spending soils state judicial elections

Friday's lead editorial.

On a raw, blustery morning this week, a well-wrapped volunteer in front of the old courthouse in Greensboro was handing cards to early voters. One side named judicial candidates recommended by the Guilford County Democratic Party.

A disclaimer noted: “Not authorized by candidate or candidate committee.”

The candidates named who are running for the N.C. Supreme Court and Court of Appeals are participating in the state’s public campaign financing system and are bound by spending limits. Money spent on their behalf by an independent organization may trigger an awarding of matching funds to their opponents.

That’s one reason why the political parties should stay out of judicial races, which are nonpartisan. When their expenditures are matched from the public fund, it costs taxpayers money.

Spending by the N.C. Democratic Party so far has led the State Board of Elections to grant more than $16,000 in matching funds to each of four statewide judicial candidates who happen to be registered Republicans.

Public funding was intended to put all participating candidates on equal footing financially and to spare them from the sometimes tawdry process of raising money privately. Otherwise, judges could be elected feeling a sense of obligation to those who funded their campaigns.
When independent organizations use their own money to influence voters, they upset the balance and threaten the integrity of the process. Although the candidates themselves don’t direct these expenditures, they can benefit and could be expected to return favors from the bench.

An overworked State Board of Elections staff tries to monitor spending, but the job isn’t easy. When an independent organization like the N.C. Democratic Party exceeds $5,000 in spending, it’s required to report all its outlays within 24 hours, allowing a quick release of matching funds. Spending by smaller groups like a county party unit, however, is harder to keep up with, which means matching funds might not be issued in time.

The amount of public funds allotted for statewide judicial campaigns is modest — $233,000 for Supreme Court candidates and $160,000 for Court of Appeals candidates. It wouldn’t pay for a single postcard mailed to every voter. But the system does guarantee financial independence from special interests and a level playing field. It is meant to make sure that no one can buy a seat on the state’s high courts.

Political parties and other organizations are wrong to throw their money into the mix, and to insert partisanship while they’re at it. North Carolina should preserve integrity in its top judicial races even if nowhere else.


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