Elections

NC Democrats file ethics complaint against Tillis. His campaign calls it ‘frivolous’

The North Carolina Democratic Party filed a Senate ethics complaint against Republican U.S. Sen. Thom Tillis, alleging he improperly used his official position to support his re-election campaign.

The Tillis campaign denounced the complaint as “frivolous” and a “pathetic attempt to distract” from the 2020 campaign.

The complaint, sent to the Senate Ethics Committee on Friday, centers on a Jan. 21 fundraising email from Tillis’ Senate campaign. A conservative group filed an FEC complaint against one of Tillis’ Democratic challengers earlier that month, and McClatchy published a story about it on Jan. 22.

The Democrats’ complaint is unlikely to go anywhere. Since 2010, the ethics committee has taken action in one case.

The Tillis email asked recipients to “make a contribution to our Presidential Protection Fund before the Senate trial begins to ensure we have the resources to FIGHT BACK against the Democrats.”

On Jan. 21, the Senate started debate on rules for the impeachment trial of President Donald Trump.

The email sender was listed as “Judiciary Committee Member” and the email was signed “Sen. Thom Tillis Judiciary Committee Member.”

The complaint says Tillis violated the law and the Senate Code of Office Conduct “by misusing official resources for campaign purposes.” It argues that Tillis’ use of “Judiciary Committee Member” as the sender of the email constitutes use of official resources.

The complaint further alleges asking for donations before the trial started is a “clear request for campaign contributions in exchange for and because of” Tillis’ official acts as a senator. Tillis and the other 99 senators served as jurors for trial.

NCDP ethics complaint again... by Brian Murphy on Scribd

Tillis indicated many times — including long before the trial began — that he was against impeachment. In September, his campaign said Tillis was confident Trump did nothing wrong. In December, Tillis told reporters he was a “definite no.”

Tillis voted “not guilty” on both articles of impeachment, and Trump was acquitted by the Senate on a largely party-line vote.

“The North Carolina Democratic Party should be embarrassed that they are going to waste taxpayer dollars with such a frivolous complaint that will ultimately be thrown out by the Senate Ethics Committee,” Tillis campaign spokesman Andrew Romeo said in a statement.

Tillis, a former N.C. House speaker who was elected to the Senate in 2014, is one of the Democrats’ top targets in 2020. Tillis is expected to win his primary against three other Republicans. Five Democrats are competing for the nomination. In-person early voting began Thursday for the March 3 primary.

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Ethics committee

When the six-member Senate ethics committee receives a complaint, it begins a preliminary inquiry. The committee can dismiss the complaint, issue a letter of admonition or recommend the Senate take disciplinary action.

In its 2019 annual report, the committee said it received 251 alleged violations from all sources. It conducted preliminary inquiries into 16.

Last month, the Foundation for Accountability and Civic Trust filed a complaint against Democratic candidate Cal Cunningham, alleging coordination with an outside group that has spent millions in support of him. FACT filed a second FEC complaint on Feb. 10 against the Cunningham and VoteVets Action Fund.

The FEC has not punished anyone for coordination since the Citizens United Supreme Court decision in 2010 and does not even have a quorum needed to conduct business at this time.

For more North Carolina government and politics news, listen to the Domecast politics podcast from The News & Observer and the NC Insider. You can find it on Megaphone, Apple Podcasts, iHeartRadio, Stitcher or wherever you get your podcasts.

Brian Murphy
The News & Observer
Brian Murphy is the editor of NC Insider, a state government news service. He previously covered North Carolina’s congressional delegation and state issues from Washington, D.C. for The News & Observer, The Charlotte Observer and The Herald-Sun. He grew up in Cary and graduated from UNC-Chapel Hill. He previously worked for news organizations in Georgia, Idaho and Virginia. Reach him at bmurphy@ncinsider.com.
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