Richard Burr's brush with the FEC

In light of the recent Supreme Court decision empowering corporations to engage in wholesale electioneering in favor of specific candidates, I decided to revisit a story Greg Flynn covered back in 2008. Since it involves both state and national realty ticks, be prepared to roll down your socks and check your head after reading, to avoid any exposure to lyme disease or Rocky Mountain Spotted Fever.

Back in the 2004 general election, voters across the state were bombarded with direct-mail pamphlets praising the virtues of then Representative Richard Burr which, combined with television ads I've mentioned in previous diaries, propelled him to victory over Erskine Bowles. The pamphlets in question were paid for by the Chicago-based National Association of Realtors' (NAR) 527, in violation of Federal election laws (pdf):

9. NAR 527 is organized under Section 527 of the Internal Revenue Code,
and is associated With the National Association of Realtors (NAR”), a Section 501 (c)(6)
corporation based in Chicago, Illinois. NAR 527 is not registered with the Commission as a political committee.

13. The Commission concludes that certain communications disseminated by NAR 527 before the 2004 general election expressly advocated that recipients vote for a clearly identified federal candidate within the meaning of 1 1 C.F.R. 39 100.22(a) h d (b).

14. For example, in September and October2004, NAR 527 mailed a four page pamphlet to independent voters in selected areas throughout North Carolina at a cost of $70,718.75 that the Commission concludes expressly advocated the election of Richard Burr for Senate.

15. The first page of one four-page pamphlet contains the slogan ‘‘Richard Burr - Building a Stronger North Carolina . . . One Neighborhood at a Time” superimposed on a photo of a house. The second page has photos of a porch railing and an American flag waving from a house. The third page repeats the phrase “Richard Burr - Building a Stronger North Carolina . . . One Neighborhood at a Time” in large type at the top of the page next to a photo of Burr and above smaller photos of a family, a physician examining a child, money, and a person working at a computer.

Here's the Burr Committee's response to the FEC charges:

On November 1,2004, The Richard Burr Committee and its treasurer, Timothy W. Gupton (collectively, the "Committee") mived notice from the Federal Election Commission ("Commission") of a complaint filed by one Thomas J. Strini of Mint Hill, North Carolina ("complainant"). Because the complaint fails to state a claim against the Committee, the Commission should find no reason to believe that a violation of the Federal Election Campaign Act of 1971, as amended (the "Act") has occurred, and should take no action against the Committee.

Talk about weasely language. Basically, Gupton's saying that the FEC shouldn't believe or pursue something unless it's specifically listed in a (citizen's) complaint. It takes a special kind of arrogance to "instruct" the FEC to not pursue its own line of inquiry.

The FEC did drop the Burr Committee from its list of bad boys though, but it wasn't because of that flawed argument. It was due to a "we didn't know" deposition by campaign manager Dean Myers:

2. After receiving a complaint against the Committee filed with the Federal Election Commission, I understand that the National Association of Realtors ("NAR") paid for and distributed print mailers that advocated the election of Richard Burr to the U.S. Senate.

Right. You didn't know about the mailers until the FEC told you. Roll up your pantlegs, folks, the shit's gettin' deep.

5. No communication was made by NAR in cooperation or in consultation with the Committee, or its agents, and there was never any request or suggestion to do so.

The above is true and correct to the best of my knowledge.

So: Not only does the organization and individual who most benefited from said illegal activities get off scot-free, he ends up in a position to create and alter the very laws that govern all of us. To the best of my knowledge.

I would be impressed if I weren't so disgusted.