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Real Facts NC Releases 2018 Election Report

Real Facts NC released a report today on key NC races in the 2018 midterm elections. Tuesday’s results included major victories with the election of Anita Earls to the NC Supreme Court, the defeat of the two “power grab” constitutional amendments, and the election of three Democrats to the NC Court of Appeals.

Democrats also broke the Republican supermajority in the NC House and, barring two potential recounts, look to have done the same in the NC Senate. Notably, first-time candidate Julie von Haefen beat long-time incumbent and chief budget writer Nelson Dollar. Democrats defeated almost all of the incumbent Wake and Mecklenburg Republicans and picked up two Western NC House seats.

Victories were dampened by the losses of close races in New Hanover County despite shifting tides in that region. Furthermore, four constitutional amendments passed, including the photo ID requirement to vote. A similar measure was previously ruled unconstitutional in 2016 for targeting African American voters “with almost surgical precision.” It is widely expected that Republican lawmakers will attempt to codify some of the same restrictions on acceptable IDs when they return to write the implementing legislation in late November. The right to hunt and fish and the victim’s rights amendments also require implementing legislation.

Some of Tuesday’s results made history, including the election of Pitt County’s first Black District Attorney Faris Dixon and first Black woman Sheriff Paula Dance. In Wake County, Gerald Baker overcame great odds to defeat four-term incumbent sheriff Donnie Harrison. John Arrowood became the first openly LGBTQ person elected to statewide office in NC and the south.

With an eye on potential recounts in Mecklenburg, the Triad, and Wilmington, here is a first look at the 2018 NC election results.

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Earls win blocks Republicans state Supreme Court packing plans.

In December 2016 then-Governor Pat McCrory confirmed the legislature planned to pack the NC Supreme Court by claiming he worked to “deter efforts to expand” the court. Since December of 2016, Republicans have made several attempts at legislative selection of judges, culminating i…

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Video: Retired Appeals Court Judge Doug McCullough (R): vote against power grabbing constitutional amendments to stop GOP’s court packing scheme

Judge Doug McCullough, a retired Republican judge who served on the NC Court of Appeals from 2001-2008 and 2010-2017, spoke out against constitutional amendments that would assist in the GOP’s court-packing scheme. He called the Republican legislature’s constitutional amendments a “blatant power grab” that would only further their scheme to court pack.

Above, Judge McCullough explains his story, describing his resume and his time on the NC Court of Appeals. While describing his time on the Court of Appeals, McCullough confirms that the NC GOP is trying to pack the courts.

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19 unconstitutional laws passed under the cloud of a racial gerrymander

For five years now, Republican majorities in the North Carolina legislature have been elected under maps that have been found to violate the Constitutional rights of North Carolinians. The nation’s highest court – including a Justice appointed by President Donald Trump - found these legislators’ actions discriminatory yet they treat this news like another round of a child’s game. We have seen why fair and nondiscriminatory representation is important time and again. 

Fourteen times, laws enacted by this unconstitutional General Assembly have been found unconstitutional. Laws that have rigged the system and earned North Carolina headlines for all the wrong reasons.

Whether it’s restricting women’s access to health care or the worst voter suppression law in the country, these unconscionable actions by the Republican led General Assembly have hurt every citizen of this state. In their decision striking down the voter suppression law, the Fourth U.S. Circuit Court of Appeals called out North Carolina Republicans for targeting black voters “with almost surgical precision.” When will it end? 

From the State Supreme Court to the Fourth Circuit and all the way to the U.S. Supreme Court, courts have not been fooled by the actions of North Carolina Republicans who have enacted laws under the dark cloud of a racial gerrymander. The cases range from the drawing of district maps to coal ash to defunding Planned Parenthood to Elections and Ethics Reform, taking power away from the Governor. In each instance, the rulings have been clear that the partisan power grabs are wrong and they must end. 

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NCGA Republicans admit special session is to try to fix Supreme Court race

The Republican-led NCGA returns Tuesday for a last-minute special session where anything could be on the table.There have been rumors about a move to undo Republicans’ 2016 law making NC Supreme Court Races partisan.

Republican efforts to crowd the field for Democrats in the 2018 Supreme Court race (after they eliminated primaries) backfired when Republican Chris Anglin filed on the last day. Following Democrat Mike Morgan’s 2016 election to the NC Supreme Court, Republicans solidified their attempts at meddling in judicial elections, especially the Supreme Court.

Since December of 2016, Republicans have made moves toward grabbing judicial power and have altered the way North Carolinians elect their judges. Let’s take a look back on the efforts they’ve made to alter the system that elects the judges that keep ruling against Republicans’ unconstitutional laws.

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Judicial Vacancy Constitutional Amendment (S814) next step in Republican court packing scheme

Rep. Darren Jackson called out Republicans on their Supreme Court packing scheme on the House floor Thursday morning. No Republicans challenged his statement. 

 

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North Carolina Candidate Profile: Judge Barbara Jackson

In this Real Facts NC Candidate Profile, we turn our attention to the North Carolina Supreme Court and Associate Justice Barbara Jackson. Jackson was elected to the NC Supreme Court in 2010 and is running for re-election this upcoming November. Before becoming an Associate Justice, Jackson was elected as a judge on the NC Court of Appeals and served for six years. Prior to her judgeship, Jackson practiced law for fourteen years, including time as General Counsel to Republican Cherie Berry in the NC Department of Labor and in the office of Republican Governor James G. Martin. Read the full profile of Jackson here.

“We are compelled to exercise judicial restraint and defer to the General Assembly's judgment.” – Jackson in Dickson v. Rucho, on the right of the General Assembly to keep secret its communications about the 2011 legislative maps that were later ruled unconstitutional.

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Senate Select Committee wants to go back to Civil War-Era Judicial System

The Senate Select Committee on Judicial Reform and Redistricting focused their second meeting on the judicial selection process and possible reforms to NC’s judiciary. The Committee hosted three guest presenters during the December 6 meeting, Dean Brinkley and Professor Orth from the UNC School of Law and Alicia Bannon from the Brennan Center at NYU. The UNC Law professors explained North Carolina’s judicial history while Bannon explained different judicial selection processes and her recommendation for our state.

It was apparent the Senate Committee members wanted to give the General Assembly the power to appoint judges. The last time North Carolina’s legislators had that power was in the Civil War-era. The experts said this method undesirable because it can be a political and opaque process that leads to nepotism. However, senators liked the idea of going back to a process developed when only landowning white men could vote. Senator Hise proceeded to argue with his question that only the General Assembly should be given any power – perhaps the most honest statement of lawmakers’ real intent in their attempts at judicial reform:

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