The North Carolina State Board of Elections is weighing a set of new rules that could make it harder for the public to learn about campaign finance complaints.
The proposed rules will have a long road ahead if the board votes to advance them for public comment at a meeting on Wednesday. Some transparency advocates said they worry that if the rules are finalized, they could hinder the public’s access to timely information about allegations of illegal political donations and lobbying activities.
Under one of the proposals, “Complaints and any other documents gathered by the State Board during an investigation are confidential and shall not be made available for public inspection or copying until the investigation is concluded.”
The NCSBE typically levies civil fines or penalties in open meetings, but doesn’t have a set timetable in which investigations need to be completed. The board has, however, posted some complaints on its website before holding public votes to dismiss them, including a case last month involving an alleged conflict of interest by Linda Devore, the GOP chair of the Cumberland County Board of Elections.
Bob Hall, a campaign finance watchdog, has long lodged campaign finance complaints, including one last year about a lobbyist giving to state Supreme Court candidate and state Rep. Sarah Stevens. Hall often shares his complaints with news reporters before state election officials launch an investigation. The proposed rule suggests that might not be allowed if complaints are confidential.
Lindsey Wakely, director of campaign finance for the State Board of Elections, said the rule aims to codify the board’s longstanding approach to preserving the integrity of its internal investigations. She said the rules aren’t intended to prevent someone who is making a complaint or subject to one from sharing it with the public. Rather, it’s designed to establish a clearer process for the state to address campaign finance concerns.
“[The proposed rule] speaks to what we will do with the records in our possession,” Wakely said. “It does not say anything about what members of the public may do with those records that they submit to us.”
If the rules are implemented, the State Board of Elections wouldn’t be able to release a copy of any complaint or any related documents until it has completed an investigation. Staff would have 15 days from the time the board receives a complaint to contact the parties accused of violating campaign finance laws. Staff would have 120 days to perform a preliminary review, though NCSBE Executive Director Sam Hayes could extend the timetable.
“The rules allow the State Board to bury valid complaints in bureaucracy,” said Brooks Fuller, policy director for Common Cause North Carolina. “They owe it to the public and to the parties involved to handle complaints efficiently and fairly, and not let them drag on for many months.”
If the preliminary review shows someone may have engaged in conduct that could result in civil or criminal penalties, staff would open a case and launch a formal investigation. The rules don’t set out a timetable for how long a formal investigation would last.
If the investigation doesn’t uncover evidence warranting further review, staff will send a report to NCSBE members. Multiple members on the board would have five business days to request a full briefing on the matter.
If an investigation results in a civil or criminal penalty, it would be subject to public record laws, though the rules don’t lay out a timeline for disclosure.