Commentary

Editorial: Did Richard Burr campaign violate federal law?

Sen. Richard Burr

In case you missed it, be sure to check out a new editorial posted in the Charlotte Observer entitled “Burr, NRA appear to be even tighter than we thought.” In it, the authors explore the evidence of illegal coordination between Richard Burr’s 2016 reelection campaign and the National Rifle Association.

This is from the editorial:

We already knew North Carolina’s senior U.S. senator, Richard Burr, was awash in NRA cash. We already knew the pro-gun group spent $5.6 million in 2016 against his Democratic opponent, Deborah Ross — twice as much as it spent on any other House or Senate candidate.

But only now do we know that Burr and the National Rifle Association may have broken the law by coordinating their advertising campaigns. Documents from the Federal Communications Commission show that the NRA’s ads in Burr’s race were authorized by the same media consultant working for Burr’s campaign, Mother Jones and The Trace reported on Friday.

That would appear to break federal law that requires candidates and outside groups to be independent of each other. Outside groups can make “independent expenditures” on so-called “issue ads,” which typically back or attack one candidate or the other. But the spending can’t be coordinated with an individual’s campaign. That law is designed in part to keep advocacy groups from exceeding contribution limits to individual candidates.

In a series of TV ads in 2016, the NRA attacked Ross for her record as a state legislator on gun control, saying she voted against gun rights and “personal liberty.” It was part of an avalanche of outside money dumped into the swing-state race with control of the U.S. Senate at stake.

Mother Jones and The Trace report that Jon Ferrell, CFO of a company called National Media Research, Planning and Placement, authorized ad purchases both for Burr’s campaign and for NRA ads in Burr’s race. He placed some TV ads in the closing weeks of the campaign as an “agent for Richard Burr Committee” and others at around the same time for the NRA against Ross. Mother Jones found similar activity in 2018 Senate races in Missouri and Montana.

Campaigns and outside groups can hire the same vendors but those vendors must have strict firewalls to prevent collaboration. A Burr campaign official suggested to the Observer editorial board that such a firewall was in place. But it’s hard to see how that’s so since Ferrell was involved with both sets of ads.

The editorial concludes by calling on the Federal Elections Commission, which has a record of being pretty slack in its enforcement of the coordination ban, to get moving and enforce it strictly in 2020 — especially given the flood of cash the NRA seems likely to dump on Thom Tillis’ campaign.

2 Comments


  1. Larry Cowan

    January 14, 2019 at 10:43 am

    Lock him up.

  2. Donna phelps

    January 14, 2019 at 6:01 pm

    Senator Burr…Did u know that Billie Shelton that ran your first campaign has passed away? I attended your 60th Birthday celebration with her in WS. She was a very well known lady from her dedication to the Republican party. She was like a 2nd Mother to me.

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