Poll: Marshall, Cunningham lead Democratic U.S. Senate race

Secretary of State Elaine Marshall holds a narrow lead over former state Sen. Cal Cunningham a week before the Democratic U.S. Senate primary, a new poll shows.

The survey by Public Policy Polling shows Marshall with 26 percent to Cunningham's 23 percent, with none of the other four Democrats in double digits. The margin of error is 4.6 percentage points, suggesting the race could be a dead heat.

PPP also found that 34 percent of likely primary voters remain undecided and 40 percent
say they could change their minds between now and Tuesday.

With help from national Democrats, Cunningham has out-raised his opponents, allowing him to be the first up on television. Marshall is now up as well. Chapel Hill attorney Ken Lewis has begin radio ads.

For a look at who's giving to the candidates, check out Rob Christensen's story today.

Ex-sheriff's email riles sheriff candidate

Former Mecklenburg Sheriff Jim Pendergraph’s four-word description of a candidate who wants his old job has prompted that candidate to blast the comment as untrue, inappropriate and unprofessional.

In an email, Pendergraph called Democrat Antoine Ensley “a Nick Mackey clone.”

“The fact is former Sheriff Pendergraph knows very little if anything tangible about me to make such a remark linking me to Mr. Mackey in such a negative manner,” Ensley emailed Democratic activists in response.

Ensley faces Sheriff Chipp Bailey in next week’s Democratic primary. Pendergraph, a former Democrat, is running for nomination as a Republican to the board of county commissioners.

The spat revives the controversy that ensued when Pendergraph stepped down in 2007.

He supported longtime colleague Bailey for the job. Mackey beat Bailey in a special local party election, later thrown out by the state party for irregularities. County commissioners went on to appoint Bailey.

The drawn-out controversy split the party and the community, often along racial lines.
Pendergraph says he sent the email to one person “because somebody was asking me who to vote for.”

“I don’t deny sending that but I don’t remember who I sent it to,” he said today.

Ensley says it doesn’t matter.

“Whether it went to one person or 5,000 people, to make a comment about a candidate that you don’t know and to suggest that he’s linked to somebody … is totally inappropriate and unprofessional,” he says. “I was just offended by it.”

Ensley and Mackey, now a state legislator, worked together at the Charlotte-Mecklenburg police department. But he says Mackey neither recruited nor encouraged him to run for office.

“It’s intended to distract people,” he said of Pendergraph’s email. “I would expect a lot better from somebody who served this community in such a leadership way.”

Fact-checking a Tea Party group

A blog posted on the Web site of the Fayetteville-based "We The People of the Sandhills" carries this headline: "HAROLD JOHNSON--TAX CHEAT AND NON-RESIDENT RUNNING FOR 8TH CONGRESSIONAL DISTRICT SEAT."

Blogger Michael Hyers posted federal court documents showing a judgment against Johnson for failing to pay federal taxes. I got two e-mails from people who passed the documents along.

One small problem -- it's the wrong Harold Johnson.

A check by our researcher Marion Paynter showed that the tax-owing Harold Johnson lives in Pennsylvania, not North Carolina. He's not the Harold Johnson running for Congress in the 8th District.

It is true that Pennsylvania is outside the district.

Hyers, who appears to have an unlisted number, could not be reached.

"If anybody has questions they want me to answer, before looking foolish writing stuff, give me a call," Johnson says.

Hyers' blog wasn't the only questionable post on the WTP Sandhills site.

A Sunday post announcing its endorsements in congressional races -- including that of Johnson rival Tim D'Annunzio -- described the group as a "non-partisan group of American Patriots" that includes "such notable members" as Cumberland County GOP Chair Suzanne Rucker.

Rucker says she's not even aware she's a "member" of the group and, as party chair, isn't endorsing anyone.

"This is the kind of group I fear that can give a bad name to the Tea Party movement," she said. "The misuse of my name ... is an example of the bad things that can happen."

D'Annunzio, by the way, will rack up his second endorsement in as many days from a Tea Party group. Concord-based "We The People NC" plans to announce its endorsement tonight.

Ric Starnes, spokesman for We The People NC, said his group based its decision on a straw poll among members following a forum last week.

Poll shows 8th District Republicans split

UPDATED BELOW

A new poll in the 8th District Republican primary shows no candidate close to the 40 percent needed to avoid a runoff.

The poll of 400 likely GOP voters by Diversified Research was commissioned by Harold Johnson, the longtime Charlotte TV sportscaster who now lives in Concord.

Taken April 6-7, it showed Hoke County businessman Tim D'Annunzio at 20 percent, Johnson at 14, Hal Jordan of Charlotte at 9 and retired Army Col. Lou Huddleston at 6 percent. The margin of error is nearly 5 percentage points.

Results for the other two candidates, Lee Cornelison of Charlotte and Darrell Day of Hamlet, were not available. Both have trailed their rivals in fundraising and organization.

Campaign reports due out Thursday are expected to show D'Annunzio, who made millions selling his body armor company, has spent more than $800,000 of his own money in the race.

If no candidate gets 40 percent, the top two finishers would face off in a June 22 runoff.

UPDATE: D'Annunzio has released numbers from a poll he commissioned in late March. That survey, by Pulse Opinion Research, puts him at 26 percent, Johnson at 12, Jordan at 11 and Huddleston at 6. The margin of error is 4.5 percentage points.

"The last thing I want is a runoff," D'Annunzio said today. "I think we're going to win it going away."

Playing nice in the sandbox

With three weeks before the May 4 primary, it's not clear whether voters will get to see N.C. Rep. Nick Mackey side-by-side with Democratic opponent Rodney Moore any more. He missed another chance this morning.

The two were scheduled to answer questions from the Tuesday Morning Breakfast Forum, but Mackey phoned chairwoman Sarah Stevenson and told her he'd been called out of town. On Saturday, he was invoted to a debate at the Mecklenburg Democratic convention. And he won't be at the League of Women Voters' televised debate tomorrow.

Reached by phone, Mackey said he had to cancel Tuesday morning's appearance when an emergency arose. He said he had conflicts for the convention and the League debates. He said he and Moore have already met, including a joint radio interview and a Black Caucus forum that featured several candidates on stage together.

"We have had numerous debates already, and I don't think you could classify that as ducking," he said.

For his part, Moore avoided direct criticism of his opponent, but alluded to recent effectiveness rankings that showed Mackey last among House Democrats. "We need people who are going to be effective, collaborate well with our delegation," he told the group. "In other words, we need people who will play nice in the sandbox."

Mackey declined to respond. "You know I don't get into mud-slinging," he said.

One member of the Tuesday morning group asked Moore if he had anything to do with a Web site critical of Mackey called nickmackey.com, Moore said no. But the man who did was also at Tuesday's forum.

Bolyn McClung said he started the site three years ago when Mackey was running for sheriff. It has details of a complaint against Mackey by the state bar and headlines such as "Mr. Perfectly Ineffective."

"I'm not obsessive about it," McClung said. "He's just the one sore spot in the county."

Mackey said he hasn't been to the site lately.

New liberal party trying to get on N.C. ballot

Come November, N.C. voters may have another choice on their ballot: Democrats, Republicans, Libertarians -- and the North Carolina First party.

North Carolina First is billed as a progressive alternative for voters upset with the status quo in Washington. About 100 canvassers are circulating petitions to get the party on the ballot.

Spokesman Greg Rideout said they have about 10,000 of the 80,000 or so required signatures. He described the effort as an alternative for disgruntled progressives.

"We're going to have a place to go if they don't think they're getting their voice heard by either major party," he said. "(Washington) seems to only work for lobbyists and special interests, and in the meantime folks who want to be heard are not being heard."

The effort is backed by labor groups including the State Employees Association of North Carolina (SEANC) and the Service Employees International Union (SEIU).

Rideout, a former aide in the N.C. Justice Department, said the movement isn't aimed at any particular person or party. But if the effort does manage to get on the ballot, expect candidates in U.S. House races in Districts 7, 8 and 11. They're the homes of the three Democratic members of Congress who voted against their party's health care bill.

"It's a possibility that a North Carolina First candidate will show up there," Rideout said.

Legislative rankings become campaign fodder

The ink was barely dry on new legislative effectiveness ratings when they became a weapon in at least one Mecklenburg County race.

Democrat Rodney Moore blasted his Democratic primary opponent in House District 99, Rep. Nick Mackey. The bi-annual rankings by the N.C. Center for Public Policy Research put Mackey at 115th in the 120-member House. He was the lowest-ranking of all 68 Democrats.

“Rep. Mackey should be embarrassed by his ineffectiveness as a legislator," Moore said in a statement. "His lack of performance is a disservice to the people of NC House District 99 and Mecklenburg County.”

Mackey could not be reached. [UPDATE 5:47: Mackey said the survey “is based on people’s opinions, not based on any facts.” “When you look at it scientifically, you come up with a different result,” he said. “I’ll put my record up against anyone, freshme or other people, in our delegation or any delegation.” He said voters should check records on the General Assembly Web site.]

The effectiveness rankings are based on surveys of legislators, lobbyists and capitol reporters.

Mackey was one of 21 House members tied for a 100 percent attendance record.

While Mackey was the lowest ranked Democrat, he wasn't the lowest-ranked Mecklenburg legislator. That honor went to Republican Rep. Jim Gulley of Matthews, who is retiring. He ranked 118th.

McHenry hits back at conservative census critics

On Census Day, U.S. Rep. Patrick McHenry has shot back at fellow conservatives who have urged people not to send back their census forms.

"I’m worried about this year’s census," he said in a news release. "I’m not
worried about ACORN rigging the count – we already succeeded in kicking them out
of the census. I’m not worried about the President’s attempt to run the census
out of the White House – we beat that power grab back last year. I’m not even
worried about privacy – this year’s 10-question census form is the shortest in
memory. No, what worries me is blatant misinformation coming from otherwise
well-meaning conservatives. They are trying to do the right thing, but instead
they are helping big government liberals by discouraging fellow conservatives
from filling out their census forms."

McHenry, ranking Republican on the census subcommittee, was responding to reports like one in the Houston Chronicle this week about a partisan "enthusiasm gap" in completing the census. Some prominent conservatives including Texas Rep.on Paul and TV host Glenn Beck have questioned the census. Rep. Michele Bachmann of Minnesota has said it could make it easier for the government to round up people and them in internment camps.

"Boycotting the census also offends me as an American patriot," McHenry wrote. "Our society spends too much time talking about what government owes us; and not enough on the duties of citizenship and the hard work required to keep our freedom.
Filling out the census is one of the few things our Constitution specifically
asks of U.S. citizens and it is our duty as Americans to take that
responsibility seriously.Anyone who tells you that this year’s census is
unconstitutional and that you are not required to fill out the form completely
is flat out wrong. ...

"We have been largely successful in keeping this count apolitical and it
would be a tragedy if some of our ill-informed friends handed Democrats a
victory at the last minute."

Spend 'An Evening with Sarah Palin" -- in Charlotte

Former Alaska Gov. Sarah Palin will make her first Charlotte appearance June 4 with a red, white and blue dinner with a main-course theme of "America the Greatest Nation."

Organizers say the $300-a-plate dinner, billed as "An Evening with Sarah Palin," could bring 5,000 people to the Charlotte Convention Center.

"It's going to be a night about America," says Eric Jones, director of the Blue Ridge Educational Resource Group. "We're going to talk about what makes America great, our Constitution, our Bill of Rights. She seems to have the heartbeat of a lot of people in our nation right now. We're not seeking to make this a political event. It's just about America."

The next day, Palin -- along with former First Lady Laura Bush -- is scheduled to headline a Blue Ridge-sponsored Women's Expo at Wilkes Community College in Wilkesboro. About 2,500 women from as far as Michigan and New Jersey are expected for the free event.

Blue Ridge is a year-old non-profit that works to fight drug abuse and teen pregnancy in the Wilkes County area. Jone says the group hopes to build a residential drug rehab center and a home for pregnant teens.

He declined to say how much his group is paying Palin or Bush. "There's nothing free," he says.

A portion of dinner proceeds go to Victory Junction camp in Randleman.

UPDATE 3:18 p.m. The June appearance will actually be Palin's SECOND visit to Charlotte. She's also scheduled to address the NRA annual meeting at the convention center on May 14.

A first: Every eligible N.C. judicial candidate opts for public funding

For the first time, every candidate for North Carolina's appellate courts have filed their intent to use public money for their campaigns.

Participating candidates for the Supreme Court and Court of Appeals can qualify for grants from the Public Campaign Fund. They have to agree to spending limits and raise a specified number of small donations from N.C. voters.

"It shows the success of the program it means that the courts are more accountable to the public than the system of private donors," says Bob Hall, director of Democracy North Carolina and an advocate of publicly financed elections.

Since the program started in 2004, Hall says 31 of 40 candidates in contested general election races have taken part. The Public Campaign Fund has been funded by voluntary tax checkoffs and a $50 annual fee from attorneys.

Proponents say the law prevents conflicts that might arise from donors or groups with interests before the court gaining undue influence.

In West Virginia, for example, the chief executive of a large coal company spent $3 million to help elect a judge in 2004. This year the state legislature has approved legislation modeled on North Carolina's that will create a pilot public financing program for Supreme Court races in 2012.

"North Carolina is rightly setting a national standard that other states are following and looking to," says Hall. "And I think it's a lesson in success in addressing a perceived problem of special interest money in elections that can be adopted for other offices in North Carolina.

SarahPAC targets South Carolina's Spratt

John Spratt is in Sarah Palin's cross-hairs.

The S.C. Democrat is one of 20 congressmen -- and the only one from the Carolinas -- whose seats Palin's SarahPAC is targeting after Sunday's health care vote.

Spratt, of York, has survived 14 terms in a district that's consistently gone Republican in presidential races. Two years ago he got 62 percent of the vote while John McCain was getting 53 percent.

"We’re paying particular attention to those House members who voted in favor of Obamacare and represent districts that Senator John McCain and I carried during the 2008 election," Palin wrote on a Facebook page with the 20 seats literally targeted on a U.S. map.

SarahPAC could mean an infusion of money to the campaign of Spratt's only declared GOP challenger, state Rep. Mick Mulvaney. Spratt had a 6-1 financial advantage over Mulvaney at the end of December.

In Sunday's health care vote, Spratt found himself in the spotlight and at the microphone as he managed speaking time for Democrats, and introduced Sspeaker Nancy Pelosi.

According to Rock Hill's Herald newspaper, Mulvaney began circulating an e-mail petition minutes after the House approved the health care bill. He asked 5th District voters to "formally reprimand" Spratt by voting against him in November.

Huddleston to D'Annunzio: Time to bow out

Republican Lou Huddleston today called on 8th Congressional District rival Tim D'Annunzio to leave the race, saying "he hasn't shown the disposition and the temperament that I believe voters would expect from someone who wants to be their congressman."

"If Tim can't change the way he is he ought to bow out of the race," Huddleston told the Observer.

D'Annunzio spokeswoman Lauren Slepian says her candidate has no intention of doing so.

"Americans are looking for a representative who will fight for them in Washington," she said, "and Tim's not going to back down."

Huddleston's comments were the most pointed public criticism yet by any of the six Republicans in the May 4 primary. It comes on the heels of a flap at a weekend candidate forum in Fayetteville.

Candidates drew cards with random questions. When Huddleston of Fayetteville was asked if he supports eliminating several federal agencies (as D'Annunzio does), he replied without mentioning D'Annunzio. When D'Annunzio tried to respond, organizers told him that according to their ground rules, he couldn't. The party chair grabbed his microphone. He walked off the stage.
"When you walk off of a stage because you're not happy about something ... you're walking away from voters, you're disrespecting voters," Huddleston said.

Slepian pointed to a D'Annunzio campaign poll that shows Huddleston's support in the low single digits.

Rivals blast McHenry in flap over census

As ranking Republican on the House subcommittee that oversees the census, U.S. Rep. Patrick McHenry of Cherryville hasn't missed many opportunities to encourage people to take part. But two GOP rivals are crying foul over his latest attempt.

McHenry sent a letter to 100,000 district households urging them to fill out census questionnaires that start arriving next week.

Republican candidate Vance Patterson of Morganton called the mailer "outrageous and inexcusable" and called for McHenry to resign his committee position.

And GOP rival Scott Keadle of Mooresville said McHenry used the mailing "for political purposes." In today's Morganton News Herald, he calls the mailings "an abuse of the franking privilege" that will "add to the mountain of bills that McHenry and the Washington politicians have piled on the struggling taxpayers in this district."

Parker Poling, McHenry's chief of staff, called the charges "ridiculous." She said her office sent them to district voters regardless of party affiliation.

"Our office sent a reminder to our constituents to participate in the constitutionally-mandated census," she says. "Each person who responds to the census by mail saves the government hundreds of dollars in follow-up costs. We're going to continue to communicate with citizens of the 10th District, regardless of political games by others."

Burr's vote on unemployment draws fire

Republican Sen. Jim Bunning of Kentucky set off a firestorm this week when he single-handedly blocked a vote to extend unemployment benefits. His filibuster also led to the furloughs of 2,000 federal transportation workers and cut Medicare payments to doctors.

When Bunning finally relented after five days, the Senate passed the $10 billion extension Tuesday night by a vote of 78-19.

Among those voting 'No' with Bunning: Republican Richard Burr of North Carolina.

Extension affected many of the 250,000 North Carolinians collecting unemployment, according to the state Employment Security Commission.

Burr spokesman David Ward said the senator objected to passing the spending bill without including a way to pay for it. He voted for Bunning's amendment that would have paid for the bill by closing a tax loophole. It was shot down.

“Sen. Burr supports extending unemployment insurance, COBRA, and other important programs, but he believes we ought to pay for these spending increases rather than just add them to the debt," Ward said. Burr "opposed final passage because this spending was not offset by cuts elsewhere in the budget. After all the hype about PAY-GO, the Democrats cannot live up to even their own standards.”

But Burr's vote gave ammunition to Democratic rivals.

“For many of these people and their families, the extension was a lifeline," Secretary of State Elaine Marshall said in a statement. "Sen. Burr has shown a disturbing lack of compassion for his fellow citizens. He is clearly out of touch with the people he represents.”

Chapel Hill attorney Ken Lewis said "Richard Burr showed once again that he is alarmingly out of touch with the interests of the people."

UPDATE: 1:53.... A spokesman for the N.C. Employment Security Commission said 6,500 of the 250,000 people collecting unemployment in the state would have seen their benefits expire without the extension.

UPDATE: 4:47... Cal Cunningham, the third major Democratic Senate candidate, also weighed in on Burr's vote. He said the vote "hurts North Carolinians who need emergency support in the toughest economy in generations. "

Ulysses S. Grant: A 10th District issue?

Even Ronald Reagan is controversial in the 10th District Republican primary.

U.S. Rep. Patrick McHenry proposed putting the former president's picture on the $50 bill, bumping that of Ullyses S. Grant after more than 80 years.

“President Reagan was a modern day statesman, whose presidency transformed our nation’s political and economic thinking,” McHenry said in a statement. "In polls of presidential scholars, President Reagan consistently outranks President Grant.... one such poll of bipartisan scholars which ranked President Reagan 6th and President Grant 29th."

McHenry's idea got some media attention. But at least one of his opponents doesn't think much of it.

“As much as we all admire President Reagan, I seriously question why Mr. McHenry thinks this is a priority when nearly one in five people are out of work,” says Mooresville Republican Scott Keadle. “... McHenry should focus on the economy and the unemployment rate instead of pandering to voters.”

Wrangling over Rangel's money

Add Democratic Rep. Larry Kissell to the list of Democratic congressmen unloading campaign donations from fellow Democrat Charlie Rangel.

Last week the House ethics committee admonished Rangel for violating gift rules by accepting reimbursement for trips to the Caribbean in 2007 and 2008. Since then Republicans across the country have called on Democratic lawmakers to return any money they got from Rangel.

Republican Tim D'Annunzio was apparently the first 8th District GOP challenger to ask Kissell to do the same. He says that since 2006, Kissell has accepted $8,000 from Rangel.

"Other Members of Congress that accepted contributions from Charlie Rangel are quickly distancing themselves from him, and returning the money or donating it to charity," D'Annunzio said in a release. "Why isn't Larry Kissell following their lead?"

According to a spokeswoman, Kissell already had.

Haven Kerchner said Kissell decided Friday to give to charity $4,000 he got from Rangel and $10,000 he got from Rangel's political action committee.

Records also show that Rangel's PAC -- The National leadership PAC -- gave Kissell's 2006 campaign committee another $5,000. Kerchner said because that committee is closed, "those funds are no longer available."

D'Annunzio: Abolish much of the government

Republican Tim D'Annunzio, whose own poll shows him leading the GOP race in the 8th Congressional District, has laid out a platform that calls for abolishing much of the federal government.

D'Annunzio outlined his plan in a posting today on his personal blog called "Christ's War." It's headlined "The Shaking, continued (Isaiah 9:5)." He calls it a "four year plan for the revitalization" of the federal government.

"Abolish the Departments of Education, Health and Human Services,
Agriculture, Energy, Labor, Housing and Urban Development, Interior,
Transportation, Treasury, and Home Land Security. Any duties remaining that are Constitutional should be rolled into other Departments.

"Social Security and Medicare should be cut into fifty proportionate parts and given to the control of the states. All promises should be kept at a percentage proportionate to the individual’s age compared to the retirement age. The new System should be based on individuals preparing for and providing for their own retirement and health care.

"A private safety net system should be encouraged for those
who fall through any possible cracks in this system. (Church)Implement the FairTax, repeal the Sixteenth Amendment and abolish the IRS. The original rate to be revenue neutral is 23% but the goal should be to reach a limit of 10% within ten years. Any future revisions that result in tax increases must be passed with a super Majority in both the House and Senate."

Liberal or conservative: Where N.C. members of Congress rank

Just in time for the election, the National Journal has issued its voting analysis of members of Congress.

How do Carolina lawmakers rank?

Republican Richard Burr is the 9th most conservative member of the Senate, according to the analysis. He gets his highest conservative score on economic issues.

Democrat Kay Hagan ranks in the middle. She's got the 42nd most liberal voting record, or the 55th most conservative of the 100 senators.

In the House the magazine ranks North Carolina's House delegation among the "centrist" delegations, and South Carolina's as conservative.

Here are the rankings for Charlotte-area House members:

-- Republican Patrick McHenry: Tied for 17th most conservative in the 435-member House.
-- Democrat Larry Kissell: 214th most liberal; 217th most conservative.
-- Democrat Mel Watt: Tied for most liberal.
-- Republican Sue Myrick: 34th most conservative.
-- Democrat John Spratt of York: 165th most liberal; 266th most conservative.

How did a candidate from the N.C. coast end up running in the 12th District?

Republican Greg Dority was a candidate in search of a district.

The 51-year-old businessman lives in in coastal Beaufort County in the 3rd Congressional District. But that's been represented for years by fellow Republican Walter Jones Jr.

Since there's no residency requirement for congressional candidates, Dority ran in the Democratic-held 1st District in 2002 and again in 2004. This year, he saw that a Republican he considered stronger already had signed up to run.

So he looked at the 4th District, centered around Raleigh and Durham and represented by Democratic Rep. David Price. Again he saw that a stronger GOP candidate was in.

Finally he turned to the 12th District, which runs from Charlotte to Greensboro. And last week he filed, hoping to run against Democratic Rep. Mel Watt of Charlotte, which is 270 miles, or about 4 and a half hours, from his home in Little Washington.

"The 12th District is really being hurt hard," he says. "That's why I'm in this race, to talk a message of fiscal conservatism and what I think needs to be done to get people back to work."

Dority faces William "Doc" Gillenwater of Greensboro in the GOP primary. But he's already looking beyond that.

"I probably will not overwhelm it before the primary," he says, "but once the weather gets warm and the campaign season starts to crank up .... I’m going to be in that district a lot. And post- Labor Day, once we get into the sprint to the wire, I'll be there full time.”

Dority says he hopes to ride the wave of what he sees as a GOP year.

"I believe there is going to be a Republican tsunami that is going to be greater than '94 by a magnitude of, well a magnitude,” he says.

Bowles starts job on deficit

Erskine Bowles, president of the University of North Carolina System, was at the White House today as President Obama signed an executive order creating a deficit reduction panel that Bowles will co-chair.

The former Charlotte businessman and former Republican U.S. Sen. Alan Simpson stood behind Obama for the ceremony in the Diplomatic Reception Room.

"Erskine Bowles understands the importance of managing money responsibly in the public sector, where he ran the Small Business Administration and served as President Clinton's chief of staff," Obama said. "In that capacity, he brokered the 1997 budget agreement with Republicans that helped produce the first balanced budget in nearly 30 years."

Obama said Simpson, known for his candor and humor, as a "flinty Wyoming truth-teller."

"If you look in the dictionary it says "flinty," and then it's got Simpson's picture," the president said to laughter.

When the ceremony was over, someone asked another question.

"What's 'Erskine' in the dictionary?"