The unanimous vote of the State Board of Elections to forward the Easley case to the Wake District Attorney for further investigation and possible prosecution was wrongly interpreted and reported. Andrew Whalen, Executive Director of the North Carolina Democratic Party, released a statement saying, “Today, in a unanimous vote, the State Board of Elections fully exonerated the North Carolina Democratic Party of any violations of election law.”

Nice try, Andrew. Even the news media bought the party spin on the decision. It sounds good but isn’t true. Democracy North Carolina’s Bob Hall, the impetus for the investigation and head of Democracy North Carolina, read Whalen’s press release and subsequent stories in the press and disagrees with the spin placed on the Board’s decision:

“I don’t think it’s right to say the State Board of Elections cleared the Democratic Party of all wrongdoing. The unanimous vote to order the Party to forfeit $9,000 resulted from concluding that there was sufficient evidence to show that donations had been solicited for Easley’s benefit, made payable to the Party, and used to pay expenses for the Easley campaign – i.e., that the donor, Easley Committee, and Democratic Party were all involved in a type of earmarking that violates NCGS 163-278.14(a): “No individual, political committee, or other entity shall make any contribution anonymously or in the name of another. No candidate, political committee, referendum committee, political party, or treasurer shall knowingly accept any contribution made by any individual or person in the name of another individual or person or made anonymously.” 

“The statute of limitations has expired on misdemeanor charges, but not on a civil penalty. The Board decided that it had evidence regarding the donations from Lanny Wilson and Nick Garrett, but testimony did not support charges involving other donations.  The penalty could not have been assessed unless there was evidence the Party participated in the earmarking scheme for the Wilson and Garrett donations.”

First, the board did find evidence the Party accepted earmarked contributions to benefit Easley from the Wilson and Garrett donations. But the board did not clear the party of wrongdoing. Chairman Larry Leake’s quote in forming the motion was to fine the Democratic Party “. . . the sum of $9,000 and, as there has not been sufficient evidence shown of any OTHER violations of North Carolina law on the part of the North Carolina Democratic Party, that the remainder of the complaint as to that entity be dismissed.”

Note that Leake said testimony did not show any other violations. Leake did not say there were no other violations, just that the testimony heard during the Easley hearings did not show further evidence.

We suspect Hall isn’t through with the subject. A closer examination of contributions from the House and Senate leadership campaigns to the respective party will show large contributions made to the party earmarked and expended for specific candidates. The bottom line is that state election laws need to be revised so that the parties cannot spend any more on behalf of a specific candidate than can you or I. That amount is $4,000.