Party politics pollute nonpartisan races

Although state judicial elections are officially nonpartisan, candidates’ political histories and outside organizations’ fundraising have called into question the influence of political parties on the election.

An influx of hundreds of thousands in advertising spending by outside groups has led many political observers to question whether the race is truly nonpartisan.

Brent Laurenz, executive director of the N.C. Center for Voter Education, said it’s important to maintain the independence of the state’s judiciary despite political pressures.

“We don’t want a Democrat or Republican judge. We want an impartial judge, like an umpire calling balls or strikes from an objective stance,” Laurenz said.

Current N.C. Supreme Court Justice Paul Newby is running for another eight-year term against N.C. Court of Appeals justice Sam Ervin IV.

Ervin is the grandson of former U.S. Sen. Sam Ervin Jr., D-N.C., who famously served as chairman of the “Watergate Committee” that investigated President Richard Nixon’s administration.

The election could affect the ideological balance on the Supreme Court and future rulings on matters such as redistricting and the constitutional ban on gay marriage, Laurenz said.

Newby is a registered Republican, and Ervin is a registered Democrat. Four Republicans and three Democrats currently serve on the court.

The battle for partisan control of the court has invited the influence of outside groups.

Per the Citizens United ruling, the federal government is prohibited from regulating independent political expenditures by organizations, as regulation would be considered an unconstitutional restriction of free speech.

Laurenz said the N.C. Judicial Coalition, a right-leaning super PAC, has run ads supporting Newby. The group has granted Newby a significant advantage in terms of fundraising.

While Newby’s campaign has only outspent Ervin’s by about $14,000, the N.C. Judicial Coalition has spent almost $700,000 in support of Newby and has more than $24,000 in cash on hand.

Overall, Newby’s campaign and outside groups have spent more than $1.35 million in this election cycle — compared to almost $640,000 for Ervin, according to the N.C. Board of Elections.

But both candidates have stressed their support for a nonpartisan race.

“Looking at what I’ve done, people will find I don’t have a political or ideological past,” Ervin said in an interview.

Newby said in an interview, that, as required by the Citizens United ruling, his campaign has not coordinated with outside political groups. He views maintaining the separation of powers in state government as integral to his judicial philosophy, he said.

“Partisanship has no role in the courts. Period. Judicial philosophy is very important, but there’s not always a direct correlation between judicial philosophy and partisanship,” Newby said.

Some pre-election discussions have featured the possibility of reforming the court election process, such as allowing the governor to appoint interim judges. But neither gubernatorial candidate has expressed support for reforming the process.

Ervin said outside money can undermine nonpartisan elections, but residents must ultimately decide how they want judicial elections run.

“It creates the appearance of a lack of fairness and a lack of political efficiency.” he said. “It’s constitutionally legal, but voters need to keep in mind that the way to prevent this from becoming the norm is to cast a vote against this type of activity.”

Contact the desk editor at state@dailytarheel.com.