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Published Fri, Jul 09, 2010 02:00 AM
Modified Fri, Jul 09, 2010 04:14 AM

Bill would rewrite the rules for political ads

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- Staff writer
Tags: news | politics | state

RALEIGH -- The U.S. Supreme Court blasted a hole in North Carolina's election law, and the state House and Senate are working to patch it.

Early this year, the court struck down prohibitions that blocked corporations or unions from spending money on ads and mailers in support or opposition of a specific candidate or campaign.

On Thursday, the state Senate gave initial approval to a bill that would strike the state's own laws that prohibited companies and unions from spending money on "independent expenditures." The bill would also create new disclosure requirements that are meant to give the public a window into where the money is coming from.

Supporters of the new disclosure rules say political speech can't be anonymous.

"We don't have First Amendment rights to speak and run," said Damon Circosta, executive director of the N.C. Center for Voter Education, which has opposed the court's ruling. "So we need to be able to know if the NRA is putting out a message or the Sierra Club is putting out a message, who's behind that."

Some oppose the bill because of the burdens it places on those who want to get involved in political speech.

Sen. Phil Berger, an Eden Republican and the chamber's minority leader, said the bill would require groups such as the NRA or Sierra Club to report expenditures related to sending out voter guides.

"There are some concerns that might have a chilling effect on some organizations' ability to speak up or their willingness to speak up simply because of the additional regulation," Berger said after the vote.

States grappling

Nearly half of the states had laws prohibiting independent expenditures by corporations and unions. Legislatures across the country are trying to deal with the court ruling's effect on election laws. North Carolina still prohibits direct contributions to candidates by corporations.

The bill's reporting requirements do not apply to Internet-based communications such as blog posts or Web ads.

Dallas Woodhouse, state director for Americans for Prosperity, a libertarian advocacy group, said the bill's various reporting and disclosure requirements will make it tougher for grass-roots organizations to get involved.

"A small group or a tea party group, they should not have to go hire a lawyer who is an expert in election law - and there ain't many in North Carolina - to try to be a part of the political process," Woodhouse said.

The bill needs one more vote in the Senate before it moves on to the House. The legislative session is expected to end this week, but leaders in both chambers say the bill is a priority.

ben.niolet@newsobserver.com or 919-829-4521

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