North Carolina 2016 Primary Election March 15, 2016

The state legislature has established March 15, 2016 as the date for the presidential primary and for all other primaries for that election year. One effect of the changed primary date is that all candidates for federal, state and local office must file notice of candidacy in December of this year. Filing will start December 1, 2015 and end December 24, 2015.

If a second or runoff primary is needed, that runoff will be held either May 24, 2016 (if there is a runoff for US Senate or House of Representatives) or on May 3, 2016.

For this election only, a candidate is allowed to file for a party primary if he has been registered in that party for only 75 days instead of the 90 days otherwise required by statute.

The bill (House Bill 373) making these changes is attached below:

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
HOUSE BILL 373
RATIFIED BILL
*H373-v-2*
AN ACT TO ESTABLISH PROCEDURES FOR THE CONDUCT OF THE 2016 PRIMARIES, INCLUDING THE PRESIDENTIAL PREFERENCE PRIMARY, AND TO MAKE CHANGES TO THE CAMPAIGN FINANCE LAWS.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Conduct of 2016 Presidential Preference Primary Election. – Notwithstanding Article 18A of Chapter 163 of the General Statutes, the 2016 presidential preference primary election shall be conducted as provided in this act.
SECTION 1.(b) Primary Date. – On March 15, 2016, the voters of this State shall be given an opportunity to express the voters' preference for the person to be the presidential candidate of the voters' political party.
SECTION 1.(c) Qualifications and Registration of Voters. – Any person otherwise qualified who will become qualified by age to vote in the general election held in 2016 shall be entitled to register and vote in the 2016 presidential preference primary. Such persons may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-82.6 prior to the said primary. In addition, persons who will become qualified by age to register and vote in the 2016 general election who do not register during the special period may register to vote after such period as if the person was qualified on the basis of age, but until the person is qualified by age to vote, the person may vote only in primary elections.
SECTION 1.(d) Conduct of Election. – The 2016 presidential preference primary election shall be conducted and canvassed by the same authority and in the manner provided by law for the conduct and canvassing of the primary election for the office of Governor and all other offices enumerated in G.S. 163-182.4(b) and under the same provisions stipulated in G.S. 163-182.5(c). The State Board of Elections shall have authority to adopt rules and regulations, not inconsistent with provisions contained herein, pursuant to the administration of this act.
SECTION 1.(e) Nomination of Presidential Candidates by State Board of Elections. – No later than December 16, 2015, the chair of each political party shall submit to the State Board of Elections a list of its presidential candidates to be placed on the 2016 presidential preference primary ballot. The list must be comprised of candidates whose candidacy is generally advocated and recognized in the news media throughout the United States or in North Carolina, unless any such candidate executes and files with the chair of the political party an affidavit stating without qualification that the candidate is not and does not intend to become a candidate for nomination in the 2016 North Carolina presidential preference primary election. The State Board of Elections shall prepare and publish a list of the names of the presidential candidates submitted. The State Board of Elections shall convene in Raleigh on January 5, 2016. At the meeting required by this section, the State Board of Elections shall nominate as presidential primary candidates all candidates affiliated with a political party, recognized pursuant to the provisions of Article 9 of Chapter 163 of the General Statutes, who have been submitted to the State Board of Elections. Additionally, the State Board of Elections, by vote of at least three of its members in the affirmative, may nominate as a presidential primary candidate any other person affiliated with a political party that it finds is generally advocated and recognized in the news media throughout the United States or in North Carolina as candidates for the nomination by that party. Immediately upon completion of these requirements, the Board shall release to the news media all such nominees selected. Provided, however, nothing shall prohibit the partial selection of nominees prior to the meeting required by this section, if all provisions herein have been complied with.
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SECTION 1.(f) Nomination of Presidential Candidates by Petition. – Any person seeking the endorsement by the national political party for the office of President of the United States in 2016, or any group organized in this State on behalf of, and with the consent of, such person, may file with the State Board of Elections petitions signed by 10,000 persons who, at the time of the signing, are registered and qualified voters in this State and are affiliated, by such registration, with the same political party as the candidate for whom the petitions are filed. Such petitions shall be presented to the county board of elections 10 days before the filing deadline and shall be certified promptly by the chair of the board of elections of the county in which the signatures were obtained and shall be filed by the petitioners with the State Board of Elections no later than 5:00 P.M. on January 4, 2016.
The petitions must state the name of the candidate for nomination, along with a letter of approval signed by such candidate. Said petitions must also state the name and address of the chair of any such group organized to circulate petitions authorized under this section. The requirements of G.S. 163-221 prohibiting signing the name of another to a petition shall apply to any submitted petition. The requirement of the respective chair of county boards of elections shall be the same as now required under the provisions of G.S. 163-96 as those requirements relate to the chair of the county board of elections.
The State Board of Elections shall forthwith determine the sufficiency of petitions filed with it and shall immediately communicate its determination to the chair of such group organized to circulate petitions. The form and style of petition shall be as prescribed by the State Board of Elections.
SECTION 1.(g) Notification to Candidates. – The State Board of Elections shall forthwith contact each person who has been nominated by the Board or by petition and notify the candidate in writing that the candidate's name will be printed as a candidate of a specified political party on the 2016 North Carolina presidential preference primary ballot. A candidate who participates in the 2016 North Carolina presidential preference primary of a particular party shall have the candidate's name placed on the general election ballot only as a nominee of that political party. The State Board of Elections shall send a copy of this act to each candidate with the notice specified above.
SECTION 1.(h) Voting in Presidential Preference Primary. – The names of all candidates in the 2016 presidential preference primary shall appear at an appropriate place on the ballot or voting machine. In addition, the State Board of Elections shall provide a category on the ballot or voting machine allowing voters in each political party to vote an "uncommitted" or "no preference" status. The voter shall be able to cast the voter's ballot for one of the presidential candidates of a political party or for an "uncommitted" or "no preference" status but shall not be permitted to vote for candidates or "uncommitted" status of a political party different from the voter's registration. Persons registered as "Unaffiliated" shall not participate in the presidential primary except as provided in G.S. 163-119.
SECTION 1.(i) Allocation of Delegate Positions. – Upon completion and certification of the primary results by the State Board of Elections, the Secretary of State shall certify the results of the 2016 presidential preference primary to the State chair of each political party. The candidate receiving the highest number of votes in the presidential preference primary of each party shall be nominated. Each political party shall require the delegate positions appointed by that party to support the candidate certified as receiving the highest number of votes until one convention nominating ballot has been taken at the 2016 national party convention, unless that candidate has withdrawn from the race and has ceased to actively seek election to the office of President of the United States in more than one state at the time the first convention nominating ballot is taken at the 2016 national party convention.
SECTION 1.(j) Conflict With National Rules. – In case of conflict between the requirements of subsection (i) of this section and the national rules of a political party, the State executive committee of that party has the authority to resolve the conflict by adopting for that party the national rules, which shall then supersede any provision in subsection (i) of this section with which it conflicts, provided that the executive committee shall take only such action under this section necessary to resolve the conflict.
SECTION 1.(k) Notification of National Committee. – It shall be the responsibility of the State chair of each political party, qualified under the laws of this State, to notify his or her party's national committee no later than December 10, 2015, of the provisions contained under this act.
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SECTION 2.(a) General Primary Date. – Notwithstanding G.S. 163-1(b), the primary election in 2016 shall be conducted on the same date as the 2016 presidential preference primary, as established by subsection (b) of Section 1 of this act.
SECTION 2.(b) Filing Period. – Notwithstanding G.S. 163-106, the filing period for the 2016 primary shall open at 12:00 noon on Tuesday, December 1, 2015, and close at 12:00 noon on Monday, December 21, 2015.
SECTION 2.(c) Eligibility to File. – Notwithstanding G.S. 163-106, no person shall be permitted to file as a candidate in a party primary unless that person has been affiliated with that party for at least 75 days as of the date of that person filing such notice of candidacy. A person registered as "Unaffiliated" shall be ineligible to file as a candidate in a party primary election.
SECTION 2.(d) Second Primaries. – Notwithstanding G.S. 163-111(e), if a second primary is required under G.S. 163-111, the appropriate board of elections, State or county, shall order that it be held May 24, 2016, if any of the offices for which a second primary is required are for a candidate for the office of United States Senate or member of the United States House of Representatives. Otherwise, the second primary shall be held May 3, 2016.
There shall be no registration of voters between the dates of the first and second primaries. Persons whose qualifications to register and vote mature after the day of the first primary and before the day of the second primary may register on the day of the second primary and, when thus registered, shall be entitled to vote in the second primary. The second primary is a continuation of the first primary and any voter who files a proper and timely written affirmation of change of address within the county under the provisions of G.S. 163-82.15, in the first primary may vote in the second primary without having to refile that written affirmation if the voter is otherwise qualified to vote in the second primary. Subject to this provision for registration, the second primary shall be held under the laws, rules, and regulations provided for the first primary.
SECTION 2.(e) Special Elections. – Any special election authorized by statute or local act that is set for May 2016 shall be placed on the ballot at the time of the presidential preference primary, as established by subsection (b) of Section 1 of this act, unless the unit of government calling the special election affirmatively changes the date for the special election to another date in accordance with G.S. 163-287.
SECTION 2.(f) Statement of Economic Interest. – Notwithstanding G.S. 138A-22, the statement of economic interest required of any candidate for elective office subject to Article 2 of Chapter 138A of the General Statutes shall be filed with the State Ethics Commission on or before February 1, 2016.
SECTION 2.(g) Campaign Finance Reports. – Notwithstanding Article 22A of Chapter 163 of the General Statutes, the following changes shall be made to the required campaign finance reports:
(1) The report for the first quarter shall be due Monday, March 7, 2016, and shall cover the period through February 29, 2016.
(2) The report for the second quarter shall also cover March 2016.
SECTION 2.(h) Temporary Orders. – In order to accommodate the scheduling of the 2016 primary before the Tuesday after the first Monday in May, the State Board of Elections may issue temporary orders that may change, modify, delete, amend, or add to any statute contained in Chapter 163 of the General Statutes, any rules contained in Title 8 of the North Carolina Administrative Code, or any other election regulation or guideline that may affect the 2016 primary elections. These temporary orders shall only be effective for the 2016 primary elections.
SECTION 2.(i) Orders, Not Rules. – Orders issued under this section are not rules subject to the provisions of Chapter 150B of the General Statutes. Orders issued under this section shall be published in the North Carolina Register upon issuance.
SECTION 2.(j) Expiration of Orders. – Any orders issued under this section become void 10 days after the final certification of all 2016 primary elections. This section expires 10 days after the final certification of all 2016 primary elections.
SECTION 2.(k) Definition. – As used in this section, "order" also includes guidelines and directives.
SECTION 3.(a) Article 22A of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-278.8B. Affiliated party committees.
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(a) The leader of each political party caucus of the North Carolina House of Representatives and the Senate may establish a separate, affiliated party committee to support the election of candidates of that leader's political party. The affiliated party committee is deemed a political party for purposes of this Article.
(b) Each affiliated party committee shall:
(1) Adopt bylaws to include, at a minimum, the designation of a treasurer.
(2) Conduct campaigns for candidates who are members of the leader's political party or manage daily operations of the affiliated party committee.
(3) Establish a bank account.
(4) Raise and expend funds. Such funds may not be expended or committed to be expended except when authorized by the leader of the affiliated party committee.
(c) Notwithstanding any other provision of law to the contrary, an affiliated party committee shall be entitled to use the name, abbreviation, and symbol of the political party of its leader.
(d) For purposes of this section, the term "leader" shall mean the currently elected President Pro Tempore of the Senate, the currently elected Speaker of the House of Representatives, or the currently elected minority leader of either house of the General Assembly, until another person is designated by a political party caucus of members of either house to succeed to one of the aforesaid positions, at which time the newly designated designee becomes the leader for purposes of this section."
SECTION 3.(b) G.S. 163-278.6 reads as rewritten:
"§ 163-278.6. Definitions.
When used in this Article:
…
(6) The terms "contribute" or "contribution" mean any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, pledge or subscription of money or anything of value whatsoever, made to, or in coordination with, a candidate to support or oppose the nomination or election of one or more clearly identified candidates, to a political committee, to a political party, to an affiliated party committee, or to a referendum committee, whether or not made in an election year, and any contract, agreement, or other obligation to make a contribution. An expenditure forgiven by a person or entity to whom it is owed shall be reported as a contribution from that person or entity. These terms include, without limitation, such contributions as labor or personal services, postage, publication of campaign literature or materials, in-kind transfers, loans or use of any supplies, office machinery, vehicles, aircraft, office space, or similar or related services, goods, or personal or real property. These terms also include, without limitation, the proceeds of sale of services, campaign literature and materials, wearing apparel, tickets or admission prices to campaign events such as rallies or dinners, and the proceeds of sale of any campaign-related services or goods. Notwithstanding the foregoing meanings of "contribution," the word shall not be construed to include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate, political committee, or referendum committee. The term "contribution" does not include an "independent expenditure." If:
a. Any individual, person, committee, association, or any other organization or group of individuals, including but not limited to, a political organization (as defined in section 527(e)(1) of the Internal Revenue Code of 1986) makes, or contracts to make, any disbursement for any electioneering communication, as defined in this section; and
b. That disbursement is coordinated with a candidate, an authorized political committee of that candidate, a State or local political party or committee of that party, an affiliated party committee, or an agent or official of any such candidate, party, or committee
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that disbursement or contracting shall be treated as a contribution to the candidate supported by the electioneering communication or that candidate's party and as an expenditure by that candidate or that candidate's party.
…
(8k) The term "electioneering communication" does not include any of the following:
a. A communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless those facilities are owned or controlled by any political party, affiliated party committee, political committee, or candidate.
b. A communication that constitutes an expenditure or independent expenditure under this Article.
c. A communication that constitutes a candidate debate or forum conducted pursuant to rules adopted by the Board or that solely promotes that debate or forum and is made by or on behalf of the person sponsoring the debate or forum.
d. A communication made while the General Assembly is in session which, incidental to advocacy for or against a specific piece of legislation pending before the General Assembly, urges the audience to communicate with a member or members of the General Assembly concerning that piece of legislation or a solicitation of others as defined in G.S. 120C-100(a)(13) properly reported under Chapter 120C of the General Statutes.
e. A communication that meets all of the following criteria:
1. Does not mention any election, candidacy, political party, opposing candidate, or voting by the general public.
2. Does not take a position on the candidate's character or qualifications and fitness for office.
3. Proposes a commercial transaction.
f. A public opinion poll conducted by a news medium, as defined in G.S. 8-53.11(a)(3), conducted by an organization whose primary purpose is to conduct or publish public opinion polls, or contracted for by a person to be conducted by an organization whose primary purpose is to conduct or publish public opinion polls. This sub-subdivision shall not apply to a push poll. For the purpose of this sub-subdivision, "push poll" shall mean the political campaign technique in which an individual or organization attempts to influence or alter the view of respondents under the guise of conducting a public opinion poll.
g. A communication made by a news medium, as defined in G.S. 8-53.11(a)(3), if the communication is in print.
…
(14) The term "political committee" means a combination of two or more individuals, such as any person, committee, association, organization, or other entity that makes, or accepts anything of value to make, contributions or expenditures and has one or more of the following characteristics:
a. Is controlled by a candidate;
b. Is a political party or executive committee of a political party or is controlled by a political party or executive committee of a political party;
c. Is created by a corporation, business entity, insurance company, labor union, or professional association pursuant to G.S. 163-278.19(b); or
d. Has the major purpose to support or oppose the nomination or election of one or more clearly identified candidates.
e. Is an affiliated party committee.
Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party. If the entity qualifies as a "political committee" under sub-subdivision a., b., c., or d. of this subdivision, it continues to be a political committee if it
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receives contributions or makes expenditures or maintains assets or liabilities. A political committee ceases to exist when it winds up its operations, disposes of its assets, and files its final report.
The term "political committee" includes the campaign of a candidate who serves as his or her own treasurer.
Special definitions of "political action committee" and "candidate campaign committee" that apply only in Part 1A of this Article are set forth in G.S. 163-278.38Z.
(15) The term "political party" means any political party organized or operating in this State, whether or not that party is recognized under the provisions of G.S. 163-96. A special definition of "political party organization" that applies only in Part 1A of this Article is set forth in G.S. 163-278.38Z. An affiliated party committee is deemed a political party for this Article as set forth in G.S. 163-278.8B.
...."
SECTION 3.(c) G.S. 163-278.7(b) reads as rewritten:
"(b) Each appointed treasurer shall file with the Board at the time required by G.S. 163-278.9(a)(1) a statement of organization that includes:
(1) The Name, Address and Purpose of the Candidate, Political Committee, or Referendum Committee. – When the political committee or referendum committee is created pursuant to G.S. 163-278.19(b), the name shall be or include the name of the corporation, insurance company, business entity, labor union or professional association whose officials, employees, or members established the committee. When the political committee or referendum committee is not created pursuant to G.S. 163-278.19(b), the name shall be or include the economic interest, if identifiable, principally represented by the committee's organizers or intended to be advanced by use of the committee's receipts.
(2) The names, addresses, and relationships of affiliated or connected candidates, political committees, referendum committees, political parties, affiliated party committees, or similar organizations;
(3) The territorial area, scope, or jurisdiction of the candidate, political committee, or referendum committee;
(4) The name, address, and position with the candidate or political committee of the custodian of books and accounts;
(5) The name and party affiliation of the candidate(s) whom the committee is supporting or opposing, and the office(s) involved;
(5a) The name of the referendum(s) which the referendum committee is supporting or opposing, and whether the committee is supporting or opposing the referendum;
(6) The name of the political committee orcommittee, political party or affiliated party committee being supported or opposed if the committee is supporting the ticket of a particular political candidate or political party;
(7) A listing of all banks, safety deposit boxes, or other depositories used, including the names and numbers of all accounts maintained and the numbers of all such safety deposit boxes used, provided that the Board shall keep any account number included in any report filed after March 1, 2003, and required by this Article confidential except as necessary to conduct an audit or investigation, except as required by a court of competent jurisdiction, or unless confidentiality is waived by the treasurer. Disclosure of an account number in violation of this subdivision shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of account numbers in violation of this subdivision as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.
(8) The name or names and address or addresses of any assistant treasurers appointed by the treasurer. Such assistant treasurers shall be authorized to act in the name of the candidate, political committee, or referendum committee and shall be fully responsible for any act or acts committed by the
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assistant treasurer. The treasurer shall be fully liable for any violation of this Article committed by any assistant treasurer; and
(9) Any other information which might be requested by the Board that deals with the campaign organization of the candidate or referendum committee."
SECTION 3.(d) G.S. 163-278.8A reads as rewritten:
"§ 163-278.8A. (For effective date and applicability, see Editor's note) Campaign sales by political party executive committees.
(a) Exempt Purchase Price Not Treated as "Contribution." – Notwithstanding the provisions of G.S. 163-278.6(6), the purchase price of goods or services sold by a political party executive committee or affiliated party committee as provided in subsection (b) of this section shall not be treated as a "contribution" for purposes of account-keeping under G.S. 163-278.8, for purposes of the reporting of contributions under G.S. 163-278.11, or for the purpose of the limit on contributions under G.S. 163-278.13. The treasurer is not required to obtain, maintain, or report the name or other identifying information of the purchaser of the goods or services, as long as the requirements of subsection (b) of this section are satisfied. However, the proceeds from the sales of those goods and services shall be treated as contributions for other purposes, and expenditures of those proceeds shall be reported as expenditures under this Article.
(b) Exempt Purchase Price. – A purchase price for goods or services sold by a political party executive committee or affiliated party committee qualifies for the exemption provided in subsection (a) of this section as long as the sale of the goods or services adheres to a plan that the treasurer has submitted to and that has been approved in writing by the Executive Director of the State Board of Elections. The Executive Director shall approve the treasurer's plan upon and only upon finding that all the following requirements are satisfied:
(1) That the price to be charged for the goods or services is reasonably close to the market price for the goods or services.
(2) That the total amount to be raised from sales under all plans by the committee does not exceed ten thousand dollars ($10,000) per election cycle.
(3) That no purchaser makes total purchases under the plan that exceed fifty dollars ($50.00).
(4) That the treasurer include in the report under G.S. 163-278.11, covering the relevant time period, all of the following:
a. A description of the plan.
b. The amount raised from sales under the plan.
c. The number of purchases made.
(5) That the treasurer shall include in the appropriate report under G.S. 163-278.11 any in-kind contribution made to the political party executive committee in providing the goods or services sold under the plan and that no in-kind contribution accepted as part of the plan violates any provision of this Article.
The Executive Director may require a format for submission of a plan, but that format shall not place undue paperwork burdens upon the treasurer. As used in this subdivision, the term "election cycle" has the same meaning as in G.S. 163-278.6(7c)."
SECTION 3.(e) G.S. 163-278.9 reads as rewritten:
"§ 163-278.9. Statements filed with Board.
(a) Except as provided in G.S. 163-278.10A, the treasurer of each candidate and of each political committee shall file with the Board under certification of the treasurer as true and correct to the best of the knowledge of that officer the following reports:
(1) Organizational Report. – The appointment of the treasurer as required by G.S. 163-278.7(a), the statement of organization required by G.S. 163-278.7(b), and a report of all contributions and expenditures not previously reported shall be filed with the Board no later than the tenth day following the day the candidate files notice of candidacy or the tenth day following the organization of the political committee, whichever occurs first. Any candidate whose campaign is being conducted by a political committee which is handling all contributions and expenditures for his campaign shall file a statement with the Board stating such fact at the time required herein for the organizational report. Thereafter, the candidate's political committee shall be responsible for filing all reports required by law.
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(2) Repealed by Session Laws 1999-31, s. 7(a), effective January 1, 2000.
(3) (4) Repealed by Session Laws 1997-515, s. 1.
(4a) 48-Hour Report. – A political committee or committee, political party or affiliated party committee that receives a contribution or transfer of funds shall disclose within 48 hours of receipt a contribution or transfer of one thousand dollars ($1,000) or more received before an election but after the period covered by the last report due before that election. The disclosure shall be by report to the State Board of Elections identifying the source and amount of the funds. The State Board of Elections shall specify the form and manner of making the report, including the reporting of in-kind contributions.
(5) Repealed by Session Laws 1985, c. 164, s. 1.
(5a) Quarterly Reports. – During even-numbered years during which there is an election for that candidate or in which the campaign committee is supporting or opposing a candidate, the treasurer shall file a report by mailing or otherwise delivering it to the Board no later than seven working days after the end of each calendar quarter covering the prior calendar quarter, except that:
a. The report for the first quarter shall also cover the period in April through the seventeenth day before the primary, the first quarter report shall be due seven days after that date, and the second quarter report shall not include that period if a first quarter report was required to be filed; and
b. The report for the third quarter shall also cover the period in October through the seventeenth day before the election, the third quarter report shall be due seven days after that date, and the fourth quarter report shall not include that period if a third quarter report was required to be filed.
(6) Semiannual Reports. – If contributions are received or expenditures made for which no reports are otherwise required by this Article, any and all such contributions and expenditures shall be reported by the last Friday in July, covering the period through the last day of June, and shall be reported by the last Friday in January, covering the period through the last day of December.
(b) Except as otherwise provided in this Article, each report shall be current within seven days prior to the date the report is due and shall list all contributions received and expenditures made which have not been previously reported.
(c) Repealed by Session Laws 1985, c. 164, s. 6.1.
(d) Candidates and committees for municipal offices are not subject to subsections (a), (b) and (c) of this section, unless they make contributions or expenditures concerning elections covered by this Part. Reports for those candidates and committees are covered by Part 2 of this Article.
(e) Notwithstanding subsections (a) through (c) of this section, any political party (including a State, district, county, or precinct committee thereof) which is required to file reports under those subsections and under the Federal Election Campaign Act of 1971, as amended (2 U.S.C. 434), shall instead of filing the reports required by those subsections, file with the State Board of Elections:
(1) The organizational report required by subsection (a)(1) of this section, and
(2) A copy of each report required to be filed under 2 U.S.C. 434, such copy to be filed on the same day as the federal report is required to be filed.
(f) Any report filed under subsection (e) of this section may include matter required by the federal law but not required by this Article.
(g) Any report filed under subsection (e) of this section must contain all the information required by G.S. 163-278.11, notwithstanding that the federal law may set a higher reporting threshold.
(h) Any report filed under subsection (e) of this section may reflect the cumulative totals required by G.S. 163-278.11 in an attachment, if the federal law does not permit such information in the body of the report.
(i) Any report or attachment filed under subsection (e) of this section must be certified.
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(j) (Effective until January 1, 2017) Treasurers for the following entities shall electronically file each report required by this section that shows a cumulative total for the election cycle in excess of five thousand dollars ($5,000) in contributions, in expenditures, or in loans, according to rules adopted by the State Board of Elections:
(1) A candidate for statewide office;
(2) A State, district, county, or precinct executive committee of a political party, or an affiliated party committee, if the committee makes contributions or independent expenditures in excess of five thousand dollars ($5,000) that affect contests for statewide office;
(3) A political committee that makes contributions in excess of five thousand dollars ($5,000) to candidates for statewide office or makes independent expenditures in excess of five thousand dollars ($5,000) that affect contests for statewide office.
The State Board of Elections shall provide the software necessary to file an electronic report to a treasurer required to file an electronic report at no cost to the treasurer.
(j) (Effective January 1, 2017) Treasurers for each of the following entities shall electronically file each report required by this section that shows a cumulative total for the election cycle in excess of the stated amount in contributions, in expenditures, or in loans, according to rules adopted by the State Board of Elections:
(1) A candidate for statewide office, if more than five thousand dollars ($5,000).
(2) A State, district, county, or precinct executive committee of a political party, or an affiliated party committee, if the committee makes contributions or independent expenditures in excess of five thousand dollars ($5,000) that affect contests for statewide office.
(3) A political committee that makes contributions in excess of five thousand dollars ($5,000) to candidates for statewide office or makes independent expenditures in excess of five thousand dollars ($5,000) that affect contests for statewide office.
(4) All other political committees, if more than ten thousand dollars ($10,000).
The State Board of Elections shall provide the software necessary to file an electronic report to a treasurer required to file an electronic report at no cost to the treasurer.
(k) All reports under this section must be filed by a treasurer or assistant treasurer who has completed all training as to the duties of the office required by G.S. 163-278.7(f)."
SECTION 3.(f) G.S. 163-278.10A(b) reads as rewritten:
"(b) The exemption from reporting in subsection (a) of this section applies to political party committees and affiliated party committees under the same terms as for candidates, except that the term "to further the candidate's campaign" does not relate to a political party committee's or an affiliated party committee's exemption, and all contributions, expenditures, and loans during an election shall be counted against the threshold amount for a political party committee's threshold amount.committee or an affiliated committee."
SECTION 3.(g) G.S. 163-278.11(b) reads as rewritten:
"(b) Statements shall reflect anything of value paid for or contributed by any person or individual, both as a contribution and expenditure. A political party executive committee or affiliated party committee that makes an expenditure that benefits a candidate or group of candidates shall report the expenditure, including the date, amount, and purpose of the expenditure and the name of and office sought by the candidate or candidates on whose behalf the expenditure was made. A candidate who benefits from the expenditure shall report the expenditure or the proportionate share of the expenditure from which the candidate benefitted as an in-kind contribution if the candidate or the candidate's committee has coordinated with the political party executive committee or affiliated party committee concerning the expenditure."
SECTION 3.(h) G.S. 163-278.13(e) reads as rewritten:
"(e) This section shall not apply to any national, State, district or county executive committee of any political party.party or an affiliated party committee. For the purposes of this section only, the term "political party" means only those political parties officially recognized under G.S. 163-96."
SECTION 3.(i) G.S. 163-278.13B(c)(5) reads as rewritten:
"(5) No limited contributor shall solicit a contribution from any individual or political committee on behalf of a limited contributee. This subdivision does
Page 10 H373 [Ratified]
not apply to a limited contributor soliciting a contribution on behalf of a political party executive committee or an affiliated party committee if the solicitation is solely for a separate segregated fund kept by the political party or affiliated party committee limited to use for activities that are not candidate-specific, including generic voter registration and get-out-the-vote efforts, pollings, mailings, and other general activities and advertising that do not refer to a specific individual candidate."
SECTION 3.(j) G.S. 163-278.14(a) reads as rewritten:
"(a) No individual, political committee, or other entity shall make any contribution anonymously or in the name of another. No candidate, political committee, referendum committee, political party, affiliated party committee, or treasurer shall knowingly accept any contribution made by any individual or person in the name of another individual or person or made anonymously. If a candidate, political committee, referendum committee, political party, affiliated party committee, or treasurer receives anonymous contributions or contributions determined to have been made in the name of another, he shall pay the money over to the Board, by check, and all such moneys received by the Board shall be deposited in the Civil Penalty and Forfeiture Fund of the State of North Carolina. This subsection shall not apply to any contribution by an individual with the lawful authority to act on behalf of another individual, whether through power of attorney, trustee, or other lawful authority."
SECTION 3.(k) G.S. 163-278.14A(b)(1) reads as rewritten:
"(1) Appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, or magazine, unless those facilities are owned or controlled by any political party, affiliated party committee, or political committee;"
SECTION 3.(l) G.S. 163-278.15(a) reads as rewritten:
"(a) No candidate, political committee, political party, affiliated party committee, or treasurer shall accept any contribution made by any corporation, foreign or domestic, regardless of whether such corporation does business in the State of North Carolina, or made by any business entity, labor union, professional association, or insurance company. This section does not apply with regard to entities permitted to make contributions by G.S. 163-278.19(f)."
SECTION 3.(m) G.S. 163-278.16B(a)(4) reads as rewritten:
"(4) Contributions to a national, State, or district or county committee of a political party or a caucus of the political party.party or an affiliated party committee."
SECTION 3.(n) G.S. 163-278.18(a) reads as rewritten:
"(a) No media and no supplier of materials or services shall charge or require a candidate, treasurer, political party, affiliated party committee, or individual to pay a charge for advertising, materials, space, or services purchased for or in support of or in opposition to any candidate, political committee, or political party that is higher than the normal charge it requires other customers to pay for comparable advertising, materials, space, or services purchased for other purposes."
SECTION 3.(o) G.S. 163-278.19(a1) reads as rewritten:
"(a1) A transfer of funds shall be deemed to have been a contribution made indirectly if it is made to any committee committee, affiliated party committee, or political party account, whether inside or outside this State, with the intent or purpose of being exchanged in whole or in part for any other funds to be contributed or expended in an election for North Carolina office or to offset any other funds contributed or expended in an election for North Carolina office."
SECTION 3.(p) G.S. 163-278.19B reads as rewritten:
"§ 163-278.19B. Political party headquarters building funds.
Notwithstanding the provisions of G.S. 163-278.19, a person prohibited by that section from making a contribution may donate to political parties and affiliated party committees and political parties and affiliated party committees may accept from such a person money and other things of value donated to a political party headquarters building fund. Donations to the political party headquarters building fund shall be subject to all the following rules:
(1) The donations solicited and accepted are designated to the political party headquarters building fund.
(2) Potential donors to that fund are advised that all donations will be exclusively for the political party headquarters building fund.
H373 [Ratified] Page 11
(3) The political party or affiliated party committee establishes a separate segregated bank account into which shall be deposited only donations for the political party headquarters building fund from persons prohibited by G.S. 163-278.19 from making contributions.
(4) The donations deposited in the separate segregated bank account for the political party headquarters building fund will be spent only to purchase a principal headquarters building, to construct a principal headquarters building, to renovate a principal headquarters building, to pay a mortgage on a principal headquarters building, to repay donors if a principal headquarters building is not purchased, constructed, or renovated, or to pay building rent or monthly or bimonthly utility expenses incurred to operate the principal headquarters building. Donations deposited into that account shall be used solely for the purposes set forth in the preceding sentence, and specifically shall not be used for headquarters equipment other than fixtures, personnel compensation, or travel or fundraising expenses or requirements of any kind. Notwithstanding the above, personnel compensation and in-kind benefits may be paid to no more than three personnel whose functions are primarily administrative in nature, such as providing accounting, payroll, or campaign finance reporting services, for the party and whose job functions require no more than ten percent (10%) of work time to be spent on political advocacy each calendar year
(5) The political party executive committee or affiliated party committee shall report donations to and spending by a political party headquarters building fund on every report required to be made by G.S. 163-278.9. If a committee is excused from making general campaign finance reports under G.S. 163-278.10A, that committee shall nonetheless report donations in any amount to and spending in any amount by the political party headquarters building fund at the times required for reports in G.S. 163-278.9.
If all the criteria set forth in subdivisions (1) through (5) of this section are complied with, then donations to and spending by a political party headquarters building fund do not constitute contributions or expenditures as defined in G.S. 163-278.6. If those criteria are complied with, then donations may be made to a political party headquarters building fund."
SECTION 3.(q) G.S. 163-278.38Z reads as rewritten:
"§ 163-278.38Z. Definitions.
As used in this Part:
…
(5) "Political action committee" has the same meaning as "political committee" in G.S. 163-278.6(14), except that "political action committee" does not include any political party orparty, political party organization.organization, or affiliated party committee.
(6) "Political party organization" means any political party executive committee or any political committee that operates under the direction of a political party executive committee or political party chair.chair, or any affiliated party committee.
…."
Page 12 H373 [Ratified]
SECTION 4. Sections 1 and 2 of this act are effective when this act becomes law and apply only to the 2016 primary cycle. The remainder of this act is effective when it becomes law and applies to contributions and expenditures made on or after that date.
In the General Assembly read three times and ratified this the 24th day of September, 2015.
s/ David L. Curtis
Presiding Officer of the Senate
s/ David R. Lewis
Presiding Officer of the House of Representatives
_____________________________________
Pat McCrory
Governor
Approved __________.m. this ______________ day of ___________________, 2015

Disappeared Records Of Closed Sessions

I haven't written lately about the "disappeared" records.

To tell the truth, I am not quite sure where we stand on this.

A week ago, at the Town Board's "agenda" meeting, the Town Board unsealed some records. At least two of them seemed to have been cobbled together from notes kept by the Town Attorney and a newly-discovered draft of the 9 July 2012 meeting in the possession of former mayor Bill Sage.

The binder of closed session minutes which had been kept by the Town is still missing. It was last seen by the Town Manager around July 2d and was discovered missing around July 16.

I surmise that someone with access to Town Hall removed the binder to keep it out of my hands. What that person or persons hopes to conceal is a mystery.

The Town Manager and Mayor Johnson have done their best to reconstruct the missing records, and I applaud them for the effort.

The fact remains, however, that the binder containing closed session minutes is no longer within the possession, custody and control of The Town; the accuracy of reconstructed records can't be substantiated; and there is no chain of custody. This includes records of closed sessions concerning some very sensitive personnel matters. Anyone whose affairs were discussed in closed sessions should be concerned.

As for the records I requested: nothing I received so far records legal advice given to the Town, there is no explanation of the Town attorney's legal theories and no record of any questions asked by the Town Board concerning any of the many legal issues in the case.

What is not in the record reveals more than what is in the record about the lack of oversight by the Board over the effort by the Town's attorneys.

I will have a lot more questions about that.

Julian Bond: 1940-2015

Julian Bond was a smart, articulate, handsome leader of the American Civil Rights movement at a crucial juncture in our history. I was saddened today to learn of his passing. He served his country well.

Not all heroes are military ones.

Cuba: 1955 - 2015

Watching the news this evening reminded me of the first time I saw Cuba. It was 1955, I was aboard USS Iowa (BB-61) for a training cruise - it was early August, and we were sailing along the southern coast on the way to Guantanamo Bay.

We could see smoke from campfires in the Sierra Maestra mountains, which we were told was home to a guerrilla uprising. Nervous about the welfare of the midshipmen, Naval authorities didn't allow us off of the naval base at Guantanamo. Over the 60 years since then, I was to visit Gtmo about half a dozen times, but never set foot off the base.

Now that we have established diplomatic relations, I hope to visit Cuba someday soon.

An Old Saying About Deception Comes To Mind

Fool me once, shame on you. 

 

Fool me twice, shame on me.

Is It Just Me? Or Is It Something I Said?

In recent posts, I have raised the problem of missing records of closed sessions of the Town Board relating to South Avenue and Avenue A.

I knew that sounded familiar, and mentioned that I thought the same thing happened before.

It did.

As I reviewed old blog posts, I find that the LAST time I requested closed session records concerning South Avenue (Town of Oriental v. Henry), the binder of closed session records went missing. That was in 2009, 6 years ago, before that year's municipal elections.

The rule seems to be, that every time I ask for closed records concerning South Avenue, the records disappear.

After the 2009 election was over, the closed session minutes mysteriously reappeared.

Here is my blog entry concerning the prodigal documents.

Town Of Oriental Releases (Some) Records Of South Avenue Closed Meetings

Last night, a special meeting of the Town of Oriental Board of Commissioners voted to release some of the records of closed meetings concerning South Avenue that I requested in June and July.

There appear to be some anomalies. I will probably have more to say about them later. One anomaly was mentioned last night by Town Dock.

At least two of the records I requested have not been provided: 1) the record of the closed meeting of January 13, 2012, which was the first Board action revealing the idea of "sale or exchange" of real property; and 2) the closed meeting of July 9, 2012, which has never been explained. Not only that, the Town of Oriental web site does not include any minutes of the open portion of the special meeting held that date, recording the motion to go into closed session and the reasons therefore.

My own blog entries for July 9, 2012 record the only information ever provided to the public about that meeting, which lasted for an hour and a half. I do know that at the August meeting of the Board the Board approved minutes for the July 3 public hearing on South Avenue that falsify what went on at that meeting. I have the Town's own audio recording of the July 3 meeting.

http://mile181.blogspot.com/2012/07/south-avenue-special-meeting-july-9.html

http://mile181.blogspot.com/2012/07/thoughts-on-todays-south-avenue-meeting.html

Town Of Oriental Can't Produce Requested Documents

Interesting Town Board Meeting tonight.  Raised more questions than it answered.

1. Why was the Board in such a hurry that they appointed Warren Johnson as mayor during last Thursday's Agenda meeting rather than at today's monthly Town Board meeting where such business is normally conducted? Especially as Warren wasn't at tonight's meeting due to a previously planned vacation? Was it an effort to keep something from happening? I don't know.I certainly have no objection to Warren's appointment, but it might have made more sense to appoint Sally Belangia, who is running unopposed for the office in November.

2. Why is the Town unable or unwilling to provide the records of closed session meetings that I requested over the past two months? Unable in some cases because the requested records have mysteriously disappeared. Is this a case of deja vu all over again? Some may recall records mysteriously disappearing when Randy Cahoon was Town Manager a few years ago, apparently removed by someone with access to the manager's office. As I recall, the disappearances ceased after Randy changed the locks. Thoday's Board was unwilling to provide some records that are not missing, even though there is no apparent legal justification for continuing to withhold them. What is the Board trying to cover up? I seem to recall the previously missing records reappeared after that year's elections.

Here is what I asked for:

June 2, 2015:

Request for Records of Closed Meetings of Oriental Town Board-member

To: Town Manager

From: David R. Cox, 409 Academy Street, Oriental, NC 252 646 5543, cox.d.r@att.net

I hereby request copies of the minutes of all closed sessions in which the Town's agreement with Chris Fulcher or my suits against the Town of Oriental were discussed, as well as all “general account[s] of the closed session so that a person not in attendance would have a reasonable understanding of what transpired. Such accounts may be a written narrative. Or video or audio recording.” NCGS 143-318.10(e). Such minutes and accounts are public records under GS 132-1, provided that they may be withheld from public inspection so long as public inspection would frustrate the purpose of a closed session.

Attached is a copy of a Merorandum (sic) to me from Mayor Sage denying a previous request of mine for records of closed meetings. I note that his assertion that records of closed sessions “are to be kept sealed” until the Town Board of Commissioners votes to open them to the public is not supported by the plain language of the statute. There is no provision giving the Town Board discretionary authority to keep the records sealed.

My request includes but is not limited to the following closed sessions:

1. January 13, 2012

2. February 7, 2012

3. February 10, 2012

4. July 9, 2012

5. September 4, 2012

I am continuing to review the Town's published minutes to compile an additional list of closed sessions for which I want the records.

Sincerely,

David Cox

July 16, 2015:

 Article 33C.

Meetings of Public Bodies.

§ 143-318.9.  Public policy.

Whereas the public bodies that administer the legislative, policy-making, quasi-judicial, administrative, and advisory functions of North Carolina and its political subdivisions exist solely to conduct the people's business, it is the public policy of North Carolina that the hearings, deliberations, and actions of these bodies be conducted openly. (1979, c. 655, s. 1.)

§ 143-318.10.  All official meetings of public bodies open to the public.

(a)        Except as provided in G.S. 143-318.11, 143-318.14A, and 143-318.18, each official meeting of a public body shall be open to the public, and any person is entitled to attend such a meeting.

§ 143-318.11.  Closed sessions.

(a)        Permitted Purposes. - It is the policy of this State that closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when a closed session is required:

(1)        To prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes.

(2)        To prevent the premature disclosure of an honorary degree, scholarship, prize, or similar award.

(3)        To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. General policy matters may not be discussed in a closed session and nothing herein shall be construed to permit a public body to close a meeting that otherwise would be open merely because an attorney employed or retained by the public body is a participant. The public body may consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, mediation, arbitration, or administrative procedure. If the public body has approved or considered a settlement, other than a malpractice settlement by or on behalf of a hospital, in closed session, the terms of that settlement shall be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded.

(4)        To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations, or to discuss matters relating to military installation closure or realignment. Any action approving the signing of an economic development contract or commitment, or the action authorizing the payment of economic development expenditures, shall be taken in an open session.

(5)        To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract.

(6)        To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. General personnel policy issues may not be considered in a closed session. A public body may not consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the public body or another body and may not consider or fill a vacancy among its own membership except in an open meeting. Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting.

(7)        To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct.

(8)        To formulate plans by a local board of education relating to emergency response to incidents of school violence or to formulate and adopt the school safety components of school improvement plans by a local board of education or a school improvement team.

(9)        To discuss and take action regarding plans to protect public safety as it relates to existing or potential terrorist activity and to receive briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken or to be taken to respond to such activity.

(b)        Repealed by Session Laws 1991, c. 694, s. 4.

(c)        Calling a Closed Session. - A public body may hold a closed session only upon a motion duly made and adopted at an open meeting. Every motion to close a meeting shall cite one or more of the permissible purposes listed in subsection (a) of this section. A motion based on subdivision (a)(1) of this section shall also state the name or citation of the law that renders the information to be discussed privileged or confidential. A motion based on subdivision (a)(3) of this section shall identify the parties in each existing lawsuit concerning which the public body expects to receive advice during the closed session.

§ 143-318.10.  All official meetings of public bodies open to the public.

(e)        Every public body shall keep full and accurate minutes of all official meetings, including any closed sessions held pursuant to G.S. 143-318.11. Such minutes may be in written form or, at the option of the public body, may be in the form of sound or video and sound recordings. When a public body meets in closed session, it shall keep a general account of the closed session so that a person not in attendance would have a reasonable understanding of what transpired. Such accounts may be a written narrative, or video or audio recordings. Such minutes and accounts shall be public records within the meaning of the Public Records Law, G.S. 132-1 et seq.; provided, however, that minutes or an account of a closed session conducted in compliance with G.S. 143-318.11 may be withheld from public inspection so long as public inspection would frustrate the purpose of a closed session.  (1979, c. 655, s. 1; 1985 (Reg. Sess., 1986), c. 932, s. 4; 1991, c. 694, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 570, s. 1; 1995, c. 509, s. 135.2(p); 1997-290, s. 1; 1997-456, s. 27; 2011-326, s. 8.)

In accordance with the above provisions on North Carolina General Statutes, I hereby request the following public records:

A. The minutes and any general account of the following closed sessions of the Town of Oriental Town Board pursuant to NCGS 143-318.11, including both written records and accounts and any video or audio records such that a person not in attendance would have a reasonable understanding of what transpired. These records are required to be kept in compliance with NCGS 143-318.10(e).

The requested records relate to closed sessions concerning two complaints filed by me in the Pamlico County Superior Court against the Town. In view of the fact that these complaints have been settled, the withholding of these public records would no longer frustrate any purpose of the closed sessions in question. The request includes but is not necessarily limited to records of the following closed sessions:

1. February 20, 2013;

2. July 18, 2013;

3. August 6, 2013;

4. September 2, 2013;

5. December 2, 2014;

6. March 3, 2014.

7. In addition, I request a copy of the minutes of the Town Board of Commissioners to which the terms of the settlement have been entered as required by NCGS 143-318.10(3).

Republicans On Pamlico County Board Of Elections Abolish Three Voting Precincts

Yesterday at the monthly meeting of Pamlico County's Board of Elections, the two Republican members of the Board voted to abolish three voting precincts in Pamlico County: Alliance, Mesic and Stonewall. The only Democratic member of the Board voted against the measure. Since the vote was not unanimous, the resolution does not go into effect until the State Board of Elections, also with a Republican majority, approves it.

Members of the public opposed to closing the three precincts filled the room for the meeting and spoke against it, as was the case at the last previous Board meeting. At the previous meeting, then Republican Board member Gene Lupton, made a motion to table the proposal, which was adopted, against the wishes of the Board Chair. Since that meeting, the Republican party appointed a new member to the board, Russ Richards. At yesterday's meeting, Russ Richards voted with the Chair.

Jennifer Roe, Chair of the Board, explained that the purpose of doing away with the three precincts was to save money when purchasing new voting equipment as mandated by the Republican state legislature, but provided no figures for how much money, if any, would be saved. Democratic Board member Delcine Gibbs, explained that taking this measure now will save no money for this year's municipal elections, and no money for the 2016 statewide elections. In fact, she pointed out, the State Board has not yet certified any new equipment for purchase, and it is unlikely any will be certified before 2017.

This appears to be another Republican solution looking for a problem. In December 2009, long before the legislature mandated any change in voting equipment, newly appointed Republican Board member Judy Smith pressed for reduction in the number of precincts in the County. We don't know where the effort originated, but doing away with precincts, including Pamlico County's only African American precinct, has been on the Republican Party wish list for a long time.

The German Question

It is becoming pretty clear that the most urgent question facing today's Europe is the German question.

Paul Krugman sees Germany as killing the European project: http://krugman.blogs.nytimes.com/2015/07/12/killing-the-european-project/  I agree, and have been commenting on the looming disaster for about three years now. The biggest surprise to me is how patient the long-suffering public has been. I hope Greece uses whatever time they have gained by this weekend's deal to print bales of new drachma and prepare to exit the Euro. Spain and Italy should do so as well.

Roger Cohen of the New York Times  claims we thought we had solved the problem of Germany in 1945. I take issue with that, though I think we did believe we had solved it by embracing Germany within the stifling arms of NATO and the Western European Union. As NATO's first Secretary General explained, the purpose of NATO was to keep the Germans down, the Russians out, and the Americans here. To Europe, NATO was at least as much about Germany as it was about the Soviet Union. From 1945 for more than four decades, NATO publicly blamed the Soviet Union for a divided Germany and privately hoped the division would continue. It was Germany under Willy Brandt whose "Ostpolitik" began chipping away at the barriers between East and West for the purpose of making German reunification possible. In the United States, we studied what might happen after Tito died, but never examined the implications of a reunited Germany. Everyone knew that could never happen. Everyone was wrong.

The late George Kennan had some thoughts on Germany, which we should have considered, but of course no one did: http://www.nybooks.com/articles/archives/1998/dec/03/a-letter-on-germany/

More recently, the economic historian Brad Delong had some interesting thoughts in response to Simon Wren-Lewis' ruminations on the Euro: "And we are seriously considering, after reading him, whether the Euro project needs to be blown up--indeed, whether the fundamental flaw was in U.S. occupation authorities allowing the formation of the Bundesrepublik, because a European Union that now had five members named "Brandenburg", "Saxony", "Bavaria", "Rhineland", and "Hanover" would be likely to have a much healthier politics and economics than our current one, with one member named "Germany":"

That's a thought worth retrospective consideration. It is a much more creative idea than the quickly-abandoned "Morgenthau plan."

It's very hard to get toothpaste back in the tube.

Did we waste a whole war?

Iran Nuclear Negotiations

I hear a lot of hysterical hyperbole coming out about negotiations with Iran.

I am glad the negotiations are going on. The opponents seem to want war with Iran. Bad idea.

Most of the opponents are right wing neocons, who seem to be afraid of everything and everyone.

I want to share a link to an article by a retired Navy commander and Naval War College professor on the subject. I don't know Commander Dolan, but I think he is pretty close to the mark. There is more that could be said about Munich, but the main point is to analyze the events in the real historical context.

Here is Commander Dolan's article.

Cox v. Town Of Oriental: The Real Story

A lot of nonsense has been promulgated by Oriental Town Government about why I filed suit against the Town over closing of Avenue A and South Avenue.

It was about taking away public rights, but it was very much about defending private property rights.

I call it a swindle. It can also be called theft. Constitutionally, it was a "taking." Takings can be lawful, if taken for a public purpose. But this was neither an exercise of eminent domain nor an exercise of the state's "police power." The only other circumstance in which a street closing is clearly authorized by case law is if all the property owners in a subdivision agree to it.

The Town's attorney Clark Wright knows this. Mayor Bill Sage knows this. But they wanted to do what they did, and they didn't even want to protect public access to the "donated property" by a public dedication, a deed restriction, or any other measure that would protect the public in the future.

It changed the face of the Town forever, and since I have now withdrawn my suit, it can't be undone by the courts, even if it is unlawful.

It isn't really complicated, but the Town Board and its attorneys spent (they say) $80,000 to protect the deal by keeping it from the Court of Appeals.

Here's my story: http://compassnews360.com/former-commissioner-explains-why-he-sued-oriental-town-board/

Me And Joe Willy 1942

Here is a picture of me and my playmate Joe Willy taken at my grandparents' place about four miles East of Cruger MS (Holmes County) in about 1942.

Joe Willy was the son of my grandmother's maid, Evelyn. His father worked for my grandfather, who was a county road district superintendent.

I envied Joe Willy because he was allowed to chop wood with an axe and I wasn't.

My grandmother called Joe Willy "Sambo," as a term of affection. Joe Willy never complained, but I could tell he didn't like it.

I learned a lot from Joe Willy and from my visits to Cruger.

I learned, for example, that white people almost never did any actual work. If a white person needed something done, he got a black person to do it. I never saw any actual money change hands in return for work.

White people "supervised." So far as I could tell from watching my grandfather's road crews at work, they didn't need any actual supervising.

Tradition, Confederate Battle Flag, And Nonsense

Hotty Totty, goshamighty, who in the hell are we?
Hey! flim flam, bim bam, Ole Miss, by damn!

Does this make any sense?

It's tradition.

When I arrived at the University of Mississippi as a (barely) seventeen year old freshman in 1954, we had to learn many traditions.Hotty Totty was one of them.

Another was at half time in football games when a group of students carried an enormous Confederate battle flag held horizontally like a tent over the heads of the marching band. Somewhere in my memorabilia is a photograph of the scene. Students, alumni and cheerleaders all waved the Confederate battle flag.

Until Robert Khayat, a former star placekicker for Ole Miss and for the Washington Redskins became Chancellor of the University. (He had previously served for many years as Dean of the Law School).

Bob Khayat was handsome, athletic and smart. He sometimes attended our Methodist Church in company with a young woman who was attractive, intelligent and talented - Mary Ann Mobley, who eventually became Miss America and a professional actress.

By the time Bob Khayat became Chancellor, enrollment was falling, and coaches were having trouble recruiting athletes.

Bob decided to find out why. Here's the story.

Before long, the University discarded its mascot, "Col Rebel" and the Confederate Battle Flag.

Probably only a historic football hero could have pulled it off.

Now the Republican governor of South Carolina has called for the battle flag to be removed from the grounds of the state capitol.

I wish her well.

Mass Killing In Historic Black Church In Charleston SC

I was dismayed to learn this morning of the mass shooting in a historic black church in downtown Charleston, SC.

The suspect, a 21 year old white man from Lexington County named Dylann Storm Roof, reportedly entered the church and sat in wait for about an hour before standing up and shooting his victims. At least nine victims, including a state senator, have died.  http://www.abcnews4.com/story/29347455/charleston-police-responding-to-shooting-on-calhoun-street

The shooting is being investigated as a hate crime.

Duh!

US Heavy Weapons In Eastern Europe

Today's New York Times reports the US is planning to preposition heavy weapons in new NATO countries in Eastern Europe: http://www.nytimes.com/2015/06/14/world/europe/us-poised-to-put-heavy-weaponry-in-east-europe.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-news&WT.nav=top-news

The purpose is to send a message to our new allies and to Russia's Putin that the US is prepared to quickly come to the assistance of those countries closest to Russia. a half century ago, we would have called this an act of deterrence.

Deterrence was a much simpler concept when we thought we were living in a bipolar world. If we were talking about nuclear deterrence, we called it "mutual  assured destruction." But we no longer live in a bipolar world, if ever we did.

So how do we compel other states to do our bidding? Defense intellectuals spend their lives examining such questions. The answers aren't obvious. Failure is more common than success.

The situation can be very perilous when a stable system of international order falls apart, at least until a new system emerges. We have been in such a period since the late 1980's. It isn't over yet. 

I'll have a few thoughts over the next few weeks about the period's challenges and the historical setting. It isn't just about Russia. It is also about Germany.

Do ItYourself Legal Proceedings

I don't know, but I've been told that it was Mayor Bill Sage who wrote the Town of Oriental "Press Release" printed on the front page of the Pamlico News last March 17.

Mayor Sage did not explain, though he knows full well that the Court of Appeals decided that I could not be a "person aggrieved" in the case of Avenue A only because I did not claim personal injury. That's all. It was a rookie mistake in my brief. He also knows full well that the Court of Appeals explicitly explained (twice) that its decision on Avenue A does not apply to South Avenue. He also knows that my complaint concerning South Avenue does claim personal injury, thereby meeting the Court's criteria for being a "person aggrieved" and therefore having standing to bring the case and have it heard on its merits. To anyone paying attention, it could not have been "unimaginable" that I filed the second suit. In fact, Judge Nobles shook his finger at the Town's attorney and admonished him that "it is your fault that Mr.Cox had to file a second suit." That's a matter for a separate discussion.

In his diatribe, the mayor seemed specially annoyed that I represented myself pro se. He mentioned it twice. I do want to address that.

It is true that I am not an attorney. It is also true that I couldn't afford to retain an attorney. But I am not a complete stranger to legal proceedings. Or to legal standards concerning public officials. I am a naval officer. Law is a part of my profession.

I was seventeen years old learning to be a naval officer when it was impressed on me that public officials (including ship captains and admirals) have only those powers granted to them by law and regulation. My very first course in naval matters introduced me to US Navy Regulations 1948, the Uniform Code of Military Justice, the Judge Advocate General's Manual and the Manual for Courts Martial. This body of knowledge was expanded over the next four years to include International Law and Law of the Sea.

When I was commissioned in 1958, all of the Navy's routine legal matters were handled by seagoing officers. We had no specialized corps of lawyers until 1967. I was assigned to USS Cabildo (LSD-16) as navigator, but I was also the ship's legal officer, administrative officer and personnel officer. Those three collateral duties all involved dealing with law and regulation. In Court Martial proceedings, I normally was trial counsel, but also occasionally was asked to serve as a sailor's defense counsel.

Later in my career I served as president of courts-martial, acted as investigating officer in JAG investigations and was awarded advanced degrees in international law and diplomacy. As a specialist in politico-military policy, I worked closely over the years with military and civilian attorneys in the Office of The Chief of Naval Operations, the Office of the Secretary of Defense, the Department of State and the Judge Advocate General.s Office of International Law.

After I retired from the Navy and was a founder of an information technology company, I represented the company in a GAO bid protest hearing where the other party was represented by the biggest government contract law firm in DC. I prevailed.

I mention these things not to claim that I have skills as good as those of a licensed attorney, but only to suggest I am not a complete novice in legal affairs. My advice to the Town Board should not have been rejected out of hand.

Had I been able to afford to retain counsel, my case would still be going forward.

Proposed Voting Rules

The NC State Board Of Elections is holding a series of hearings on their proposed election rules. The draft rules are as follows:

ftp://alt.ncsbe.gov/Rulemaking/public_comment_notice_rr.pdf#page=1&zoom=auto,-99,798

These proposed rules are very important. Please look them over and either attend one of the hearings or submit comments to the State Board of Elections.

Paying Respects To Deceased Soldiers

From time to time I hear Americans complain about our ungrateful allies (usually the French) not paying sufficient respect to the Americans who saved them in the two world wars.

I have lived in France and Belgium and traveled widely in Holland and elsewhere in Europe. This image of ingratitude is just not true. I could give many examples. In fact, tributes to our soldiers who died in Europe put our own observances to shame.

To make the point,I want to share the following post forwarded by a former shipmate.

>
> 'IL  SILENZIO ' ...BEAUTIFUL & HAUNTING
>               
> About six miles from Maastricht, in the Netherlands, lie buried 8,301 American soldiers who died in "Operation Market Garden" in the battles to liberate Holland in the fall/winter of 1944.
> Every one of the men buried in the cemetery, as well as those in the  Canadian and British military cemeteries, has been adopted by a Dutch family who mind the grave, decorate it, and keep alive the memory of the soldier they have adopted.  It is even the custom to keep a portrait of "their" American soldier in a place of  honor in their home. 
>
>        Annually, on "Liberation Day," memorial services are held for "the  men who died to liberate Holland." The day concludes with a concert.  The final piece is always "Il Silenzio," a memorial piece commissioned by the Dutch and first played in 1965 on the 20th anniversary of Holland' s liberation. It has been the concluding piece of the memorial concert ever since.
>               
>  This year the soloist was a 13-year-old Dutch girl, Melissa Venema, backed by André Rieu and his orchestra (the Royal Orchestra of the Netherlands ).  This beautiful concert piece is based upon the original version of taps and was composed by Italian composer Nino Rossi.
>
>  http://www.flixxy.com/trumpet-solo-melissa-venema.htm
> 
> 
> 
> After you watch the above web site, check out the below.
> 
>    Our war heroes in alphabetical order:
>        1.  The American Cemetery at Aisne-Marne , France ... A total of  2289
>        2.  The American Cemetery at Ardennes , Belgium ... A total of  5329
>        3.  The American Cemetery at Brittany, France ... A total of  4410
>        4.  Brookwood , England - American Cemetery ... A total of 468
>        5.  Cambridge , England ... A total of 3812
>        6.  Epinal , France - American Cemetery ... A total of 5525
>        7.  Flanders Field , Belgium ... A total of 368
>        8.  Florence , Italy ... A total of 4402
>        9.  Henri-Chapelle , Belgium ... A total of 7992
>        10.  Lorraine , France ... A total of 10,489
>        11.  Luxembourg , Luxembourg ... A total of 5076
>        12.  Meuse-Argonne... A total of 14,246
>        13.  Netherlands , Netherlands ... A total of 8301
>        14.  Normandy , France ... A total of 9387
>        15.  Oise-Aisne , France ... A total of 6012
>        16.  Rhone , France ... A total of 861
>        17.  Sicily , Italy ... A total of 7861

Then stop and think about the Frenchmen who died in America fighting for our independence. More than two thousand of them. Where are they buried and how do we Americans remember them?

Responsibility

“Responsibility is a unique concept... You may share it with others, but your portion is not diminished. You may delegate it, but it is still with you... If responsibility is rightfully yours, no evasion, or ignorance or passing the blame can shift the burden to someone else. Unless you can point your finger at the man who is responsible when something goes wrong, then you have never had anyone really responsible.”
― Hyman G. Rickover

How Long Do Wars Last?

This month marks the 70th anniversary of the surrender of Germany and V-E (Victory in Europe) Day. WWII between the United States and Germany lasted from December 10, 1941 until the surrender on May 8, 1945. Almost exactly three years and five months.

This coming August 13 will be the 70th anniversary of Japan's surrender (V-J Day). Our war with Japan lasted from December 7, 1941 until August 13, 1945, or three years, eight months and six days.

March 8, 1965 - first American combat troops (Marines) landed at Danang. March 29, 1973 - last US combat troops leave Vietnam. Duration: eight years, three weeks.

More recent: Iraq? Afghanistan? Middle East? Who knows?

Words To Remember On Memorial Day

Tommy

I WENT into a public 'ouse to get a pint o'beer,

The publican 'e up an' sez, ``We serve no red-coats here.''

The girls be'ind the bar they laughed an' giggled fit to die,

I outs into the street again an' to myself sez I:

O it's Tommy this, an' Tommy that, an' ``Tommy, go away'';

But it's ``Thank you, Mister Atkins,'' when the band begins to play,

The band begins to play, my boys, the band begins to play,

O it's ``Thank you, Mr. Atkins,'' when the band begins to play.

I went into a theatre as sober as could be,

They gave a drunk civilian room, but 'adn't none for me;

They sent me to the gallery or round the music 'alls,

But when it comes to fightin', Lord! they'll shove me in the stalls!

For it's Tommy this, an' Tommy that, an' ``Tommy, wait outside'';

But it's ``Special train for Atkins'' when the trooper's on the tide,

The troopship's on the tide, my boys, the troopship's on the tide,

O it's ``Special train for Atkins'' when the trooper's on the tide.

Yes, makin' mock o' uniforms that guard you while you sleep

Is cheaper than them uniforms, an' they're starvation cheap;

An' hustlin' drunken soldiers when they're goin' large a bit

Is five times better business than paradin' in full kit.

Then it's Tommy this, an' Tommy that, an' ``Tommy how's yer soul?''

But it's ``Thin red line of 'eroes'' when the drums begin to roll,

The drums begin to roll, my boys, the drums begin to roll,

O it's ``Thin red line of 'eroes'' when the drums begin to roll.

We aren't no thin red 'eroes, nor we aren't no blackguards too,

But single men in barricks, most remarkable like you;

An' if sometimes our conduck isn't all your fancy paints:

Why, single men in barricks don't grow into plaster saints;

While it's Tommy this, an' Tommy that, an ``Tommy, fall be'ind,''

But it's ``Please to walk in front, sir,'' when there's trouble in the wind,

There's trouble in the wind, my boys, there's trouble in the wind,

O it's ``Please to walk in front, sir,'' when there's trouble in the wind.

You talk o' better food for us, an'schools, an' fires an' all:

We'll wait for extry rations if you treat us rational.

Don't mess about the cook-room slops, but prove it to our face

The Widow's Uniform is not the soldier-man's disgrace.

For it's Tommy this, an' Tommy that, an' ``Chuck him out, the brute!''

But it's ``Saviour of 'is country,'' when the guns begin to shoot;

Yes it's Tommy this, an' Tommy that, an' anything you please;

But Tommy ain't a bloomin' fool--you bet that Tommy sees!

Rudyard Kipling

Cox v Oriental Release and Settlement Agreement

• Scott Davis
• 
  
• Mar 27

To

• Benjamin Alford

CC

• David Cox
• Clark Wright
• Lynn Holton

Good morning Judge Alford -

We wanted to make you aware that the Town of Oriental and Mr. David Cox have resolved this matter with Mr. Cox agreeing to withdraw his appeal of your Orders.  Pursuant to the terms of the agreement, Mr. Cox filed his Notice of Withdrawal of Appeal yesterday.  Under the agreement, the Town agreed that it would waive its rights to pursue any claims against Mr. Cox for sanctions and damages, and further agreed to advise you by email notice that the Town does not desire that the Court, on its own motion, consider or hear any further motions for sanctions against Mr. Cox arising out of 12-CVS-121 or 13-CVS-67.

With each party now having satisfied its obligations under the settlement agreement, this matter is officially settled.

Scott
_______________________________________________________________________________

Is It About The Water?

In Oriental, it's all about the water!

At least, that's what it says on the Town's web site.

From 1899 until 2012, I would have agreed. But in 2012, the Town government held a hearing for the purpose of closing Avenue A and South Avenue, the latter the principal public access to the water of the Town's harbor. So maybe it isn't about the water any more. At least, for ordinary citizens.

What does it matter for ordinary people to stand at water's edge and look out at the water?  After all, rich folk already own the waterfront.

It mattered to Herman Melville - or at least to a young man named Ishmael:

CHAPTER 1. Loomings.

Call me Ishmael. Some years ago—never mind how long precisely—having little or no money in my purse, and nothing particular to interest me on shore, I thought I would sail about a little and see the watery part of the world. It is a way I have of driving off the spleen and regulating the circulation. Whenever I find myself growing grim about the mouth; whenever it is a damp, drizzly November in my soul; whenever I find myself involuntarily pausing before coffin warehouses, and bringing up the rear of every funeral I meet; and especially whenever my hypos get such an upper hand of me, that it requires a strong moral principle to prevent me from deliberately stepping into the street, and methodically knocking people’s hats off—then, I account it high time to get to sea as soon as I can. This is my substitute for pistol and ball. With a philosophical flourish Cato throws himself upon his sword; I quietly take to the ship. There is nothing surprising in this. If they but knew it, almost all men in their degree, some time or other, cherish very nearly the same feelings towards the ocean with me.

There now is your insular city of the Manhattoes, belted round by wharves as Indian isles by coral reefs—commerce surrounds it with her surf. Right and left, the streets take you waterward. Its extreme downtown is the battery, where that noble mole is washed by waves, and cooled by breezes, which a few hours previous were out of sight of land. Look at the crowds of water-gazers there.
Circumambulate the city of a dreamy Sabbath afternoon. Go from Corlears Hook to Coenties Slip, and from thence, by Whitehall, northward. What do you see?—Posted like silent sentinels all around the town, stand thousands upon thousands of mortal men fixed in ocean reveries. Some leaning against the spiles; some seated upon the pier-heads; some looking over the bulwarks of ships from China; some high aloft in the rigging, as if striving to get a still better seaward peep. But these are all landsmen; of week days pent up in lath and plaster—tied to counters, nailed to benches, clinched to desks. How then is this? Are the green fields gone? What do they here?

The transition is a keen one, I assure you, from a schoolmaster to a sailor, and requires a strong decoction of Seneca and the Stoics to enable you to grin and bear it.

But look! here come more crowds, pacing straight for the water, and seemingly bound for a dive. Strange! Nothing will content them but the extremest limit of the land; loitering under the shady lee of yonder warehouses will not suffice. No. They must get just as nigh the water as they possibly can without falling in. And there they stand—miles of them—leagues. Inlanders all, they come from lanes and alleys, streets and avenues—north, east, south, and west. Yet here they all unite. Tell me, does the magnetic virtue of the needles of the compasses of all those ships attract them thither?
Once more. Say you are in the country; in some high land of lakes. Take almost any path you please, and ten to one it carries you down in a dale, and leaves you there by a pool in the stream. There is magic in it. Let the most absent-minded of men be plunged in his deepest reveries—stand that man on his legs, set his feet a-going, and he will infallibly lead you to water, if water there be in all that region. Should you ever be athirst in the great American desert, try this experiment, if your caravan happen to be supplied with a metaphysical professor. Yes, as every one knows, meditation and water are wedded for ever.

But here is an artist. He desires to paint you the dreamiest, shadiest, quietest, most enchanting bit of romantic landscape in all the valley of the Saco. What is the chief element he employs? There stand his trees, each with a hollow trunk, as if a hermit and a crucifix were within; and here sleeps his meadow, and there sleep his cattle; and up from yonder cottage goes a sleepy smoke. Deep into distant woodlands winds a mazy way, reaching to overlapping spurs of mountains bathed in their hill-side blue. But though the picture lies thus tranced, and though this pine-tree shakes down its sighs like leaves upon this shepherd’s head, yet all were vain, unless the shepherd’s eye were fixed upon the magic stream before him. Go visit the Prairies in June, when for scores on scores of miles you wade knee-deep among Tiger-lilies—what is the one charm wanting?—Water—there is not a drop of water there! Were Niagara but a cataract of sand, would you travel your thousand miles to see it? Why did the poor poet of Tennessee, upon suddenly receiving two handfuls of silver, deliberate whether to buy him a coat, which he sadly needed, or invest his money in a pedestrian trip to Rockaway Beach? Why is almost every robust healthy boy with a robust healthy soul in him, at some time or other crazy to go to sea? Why upon your first voyage as a passenger, did you yourself feel such a mystical vibration, when first told that you and your ship were now out of sight of land? Why did the old Persians hold the sea holy? Why did the Greeks give it a separate deity, and own brother of Jove? Surely all this is not without meaning. And still deeper the meaning of that story of Narcissus, who because he could not grasp the tormenting, mild image he saw in the fountain, plunged into it and was drowned. But that same image, we ourselves see in all rivers and oceans. It is the image of the ungraspable phantom of life; and this is the key to it all.

Now, when I say that I am in the habit of going to sea whenever I begin to grow hazy about the eyes, and begin to be over conscious of my lungs, I do not mean to have it inferred that I ever go to sea as a passenger. For to go as a passenger you must needs have a purse, and a purse is but a rag unless you have something in it. Besides, passengers get sea-sick—grow quarrelsome—don’t sleep of nights—do not enjoy themselves much, as a general thing;—no, I never go as a passenger; nor, though I am something of a salt, do I ever go to sea as a Commodore, or a Captain, or a Cook. I abandon the glory and distinction of such offices to those who like them. For my part, I abominate all honourable respectable toils, trials, and tribulations of every kind whatsoever. It is quite as much as I can do to take care of myself, without taking care of ships, barques, brigs, schooners, and what not. And as for going as cook,—though I confess there is considerable glory in that, a cook being a sort of officer on ship-board—yet, somehow, I never fancied broiling fowls;—though once broiled, judiciously buttered, and judgmatically salted and peppered, there is no one who will speak more respectfully, not to say reverentially, of a broiled fowl than I will. It is out of the idolatrous dotings of the old Egyptians upon broiled ibis and roasted river horse, that you see the mummies of those creatures in their huge bake-houses the pyramids.

No, when I go to sea, I go as a simple sailor, right before the mast, plumb down into the forecastle, aloft there to the royal mast-head. True, they rather order me about some, and make me jump from spar to spar, like a grasshopper in a May meadow. And at first, this sort of thing is unpleasant enough. It touches one’s sense of honour, particularly if you come of an old established family in the land, the Van Rensselaers, or Randolphs, or Hardicanutes. And more than all, if just previous to putting your hand into the tar-pot, you have been lording it as a country schoolmaster, making the tallest boys stand in awe of you. The transition is a keen one, I assure you, from a schoolmaster to a sailor, and requires a strong decoction of Seneca and the Stoics to enable you to grin and bear it. But even this wears off in time.

What of it, if some old hunks of a sea-captain orders me to get a broom and sweep down the decks? What does that indignity amount to, weighed, I mean, in the scales of the New Testament? Do you think the archangel Gabriel thinks anything the less of me, because I promptly and respectfully obey that old hunks in that particular instance? Who ain’t a slave? Tell me that. Well, then, however the old sea-captains may order me about—however they may thump and punch me about, I have the satisfaction of knowing that it is all right; that everybody else is one way or other served in much the same way—either in a physical or metaphysical point of view, that is; and so the universal thump is passed round, and all hands should rub each other’s shoulder-blades, and be content.

Again, I always go to sea as a sailor, because they make a point of paying me for my trouble, whereas they never pay passengers a single penny that I ever heard of. On the contrary, passengers themselves must pay. And there is all the difference in the world between paying and being paid. The act of paying is perhaps the most uncomfortable infliction that the two orchard thieves entailed upon us. But BEING PAID,—what will compare with it? The urbane activity with which a man receives money is really marvellous, considering that we so earnestly believe money to be the root of all earthly ills, and that on no account can a monied man enter heaven. Ah! how cheerfully we consign ourselves to perdition!

Finally, I always go to sea as a sailor, because of the wholesome exercise and pure air of the fore-castle deck. For as in this world, head winds are far more prevalent than winds from astern (that is, if you never violate the Pythagorean maxim), so for the most part the Commodore on the quarter-deck gets his atmosphere at second hand from the sailors on the forecastle. He thinks he breathes it first; but not so. In much the same way do the commonalty lead their leaders in many other things, at the same time that the leaders little suspect it. But wherefore it was that after having repeatedly smelt the sea as a merchant sailor, I should now take it into my head to go on a whaling voyage; this the invisible police officer of the Fates, who has the constant surveillance of me, and secretly dogs me, and influences me in some unaccountable way—he can better answer than any one else. And, doubtless, my going on this whaling voyage, formed part of the grand programme of Providence that was drawn up a long time ago. It came in as a sort of brief interlude and solo between more extensive performances. I take it that this part of the bill must have run something like this:
“GRAND CONTESTED ELECTION FOR THE PRESIDENCY OF THE UNITED STATES. “WHALING VOYAGE BY ONE ISHMAEL. “BLOODY BATTLE IN AFFGHANISTAN.”
Though I cannot tell why it was exactly that those stage managers, the Fates, put me down for this shabby part of a whaling voyage, when others were set down for magnificent parts in high tragedies, and short and easy parts in genteel comedies, and jolly parts in farces—though I cannot tell why this was exactly; yet, now that I recall all the circumstances, I think I can see a little into the springs and motives which being cunningly presented to me under various disguises, induced me to set about performing the part I did, besides cajoling me into the delusion that it was a choice resulting from my own unbiased freewill and discriminating judgment.

Chief among these motives was the overwhelming idea of the great whale himself. Such a portentous and mysterious monster roused all my curiosity. Then the wild and distant seas where he rolled his island bulk; the undeliverable, nameless perils of the whale; these, with all the attending marvels of a thousand Patagonian sights and sounds, helped to sway me to my wish. With other men, perhaps, such things would not have been inducements; but as for me, I am tormented with an everlasting itch for things remote. I love to sail forbidden seas, and land on barbarous coasts. Not ignoring what is good, I am quick to perceive a horror, and could still be social with it—would they let me—since it is but well to be on friendly terms with all the inmates of the place one lodges in.
By reason of these things, then, the whaling voyage was welcome; the great flood-gates of the wonder-world swung open, and in the wild conceits that swayed me to my purpose, two and two there floated into my inmost soul, endless processions of the whale, and, mid most of them all, one grand hooded phantom, like a snow hill in the air.

____