A partisan state committee is empowered to seize “any document or system of record” from anyone who works in or with state and local government. Oh, and they can enter your home without a warrant.
October 2, 2023

North Carolina’s new state budget contains a provision that gives extraordinary investigative powers to a partisan oversight committee co-chaired by Senate Leader Phil Berger and House Speaker Tim Moore. Via Popular Information:

The Joint Legislative Committee on Government Operations — or Gov Ops for short — is empowered to seize “any document or system of record” from anyone who works in or with state and local government during its investigations. The rule applies to contractors, subcontractors, and any other non-state entity “receiving, directly and indirectly, public funds,” including charities and state universities.

Moreover, Gov Ops staff will be authorized to enter “any building or facility” owned or leased by a state or non-state entity without a judicial warrant. This includes the private residences of subcontractors and contractors who run businesses out of their homes, lawmakers say.

Alarmingly, public employees under investigation will be required to keep all communication and requests “confidential.” They cannot alert their supervisor of the investigation nor consult with legal counsel. Violating this rule “shall be grounds for disciplinary action, including dismissal,” the law reads. Those who refuse to cooperate face jail time and fines of up to $1,000. In the event that Gov Ops searches a person’s home, these rules mean that the person 1) must keep the entry a secret, 2) cannot seek outside help (unless necessary for fulfilling the request, the law says), and 3) could face criminal charges if Gov Ops deems them uncooperative.

Every day, it becomes even more obvious that Republicans don't believe in democracy or accountability.

The Republican leaders who pushed to dramatically expand Gov Ops' power say it will enhance government accountability. The same leaders, however, pushed through several provisions in the budget that restrict access to legislative public records, eliminating a critical tool for accountability — including for Gov Ops itself.

One provision repeals a law that required “communications regarding redistricting” be made publicly available when new legislative maps were adopted. As one of the most gerrymandered states in the nation, public records have been instrumental in challenging North Carolina’s redistricting maps. In 2022, a gerrymandering trial exposed a top Republican redistricting official for using “secret maps to help draft the state’s redistricting plan.”

This fall, Republican lawmakers are set to redraw voting maps after the new conservative majority on the state’s Supreme Court overturned a ruling and legalized partisan gerrymandering. Under the new budget, "lawmakers responding to public records requests will have no obligation to share any drafts or materials that guided their redistricting decisions."

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