Election hearings put spotlight on GOP rift

The civil war that has wracked Republicans for the past three years has played out in the state House chambers in Raleigh and in bare-knuckled campaigns across North Carolina.

This morning, the rift will move to the State Board of Elections when it begins hearings on whether fair or foul means were used to knock off former House Speaker Richard Morgan of Southern Pines and several of his GOP allies.

Here are some of the things to look for in the hearings, which are expected to last two or three days:

THE ACCUSER: Morgan is charging that he and his allies were picked off by a Raleigh millionaire who illegally used corporate contributions to oust Republican legislators with whom he disagrees.

THE ACCUSED: Several groups connected to former state Rep. Art Pope, a Raleigh retail executive, spent hundreds of thousands of dollars criticizing Republican House members who allied themselves on some issues with Democrats. Pope says his company's donations were legal.

THE BACKGROUND: In 2003, with the House tied 60-60, Democratic Speaker Jim Black formed a coalition with five splinter Republicans led by Morgan. Black and Morgan became co-speakers as part of the agreement. Other Republicans also participated in varying degrees with the bipartisan coalition.

Pope argued that fellow Republicans could never regain control of the House as long as the splinter group cooperated with Democrats. Several Pope-connected groups began advertising campaigns criticizing the splinter Republicans. Seven Republican House members who were targeted by Pope groups were defeated in GOP primaries in 2004 or this year, including David Miner of Cary and Rick Eddins of Raleigh.

THE KEY ISSUE: Pope's company contributed more than $500,000 to groups that ran advertising campaigns against the splinter Republicans. The question is whether the ad campaigns should be defined as "electioneering" or "general issue advocacy."

North Carolina law bars corporations from directly contributing to campaigns, and restricts donations by individuals to $4,000 per election.

Pope argues that ads financed by his company did not say a particular candidate should be elected or defeated. He says the mailings are constitutionally protected issue advocacy ads designed to inform voters about how their lawmakers voted.

A KEY PHRASE: One mailing by a Pope-connected group asked voters to "Call Morgan out." Pope's lawyers say it was simply a baseball analogy. Morgan's lawyers say it is a barely camouflaged call for Morgan's defeat.

WHY THIS MATTERS: This is not just a Republican food fight. The hearing could effect future elections.

The groups that Pope used were nonprofit organizations known as 527s. If the elections board rules that Pope and his groups acted properly, it might encourage other corporations to spend money on advertising campaigns to help defeat candidates, bypassing campaign finance restrictions.

HOW IT WORKS: The State Board of Elections, three Democrats and two Republicans, will hear sworn testimony from both sides.

HOW THIS DIFFERS FROM BLACK AND DECKER HEARINGS: Earlier this year, the state board held hearings into allegations of illegal campaign contributions involving Black and former Rep. Michael Decker. Those hearings were the result of more than a year of investigation by the elections board staff. The hearings this week are more like a court hearing, where the board will hear arguments from both sides.