NC Democrats have a plan to prevent the next Tricia Cotham | Opinion
North Carolina Democrats filed a bill Tuesday called the “Voter Fraud Prevention Act,” but it might as well be called the Tricia Cotham bill.
Their proposal is only one page long, and it’s fairly straightforward. It would trigger a special election if a state legislator changes parties with more than six months remaining in their term, as well as require that legislator to refund campaign contributions upon the request of a donor. The bill’s sponsors say it’s intended to restore the confidence of voters by giving them a way to hold their representatives accountable.
At a press conference Tuesday, Democrats were joined by some of Cotham’s constituents, who expressed the anger and frustration they felt when Cotham switched her party affiliation to Republican just a few months into her term.
And who could blame them? It’s not just that Cotham marketed herself as a Democrat — she explicitly marketed herself as a person who supported causes she has since abandoned. Despite campaigning on her support for Roe v. Wade, she voted for a 12-week abortion ban, and she supported a bill that prohibits transgender athletes from participating in girls’ sports after promising to be a “champion” of LGBTQ+ rights in the legislature.
Cotham is not the first elected official to abruptly switch parties, which is why Democrats are pushing for legislation to address it in the future. But the bill’s sponsors acknowledge that the bill has little chance of becoming law in the GOP-controlled legislature, much like other bills Democrats have introduced this session addressing gun reform and education funding.
“If that was the standard by which we decided to file legislation, we would barely file any bills,” Sen. Natasha Marcus, a Mecklenburg County Democrat and one of the bill’s sponsors, told the Editorial Board. “I think this is worth having a debate about here in the General Assembly.”
Some conservatives were quick to dismiss the bill as a “stunt,” but symbolic action isn’t necessarily a bad thing. Democratic lawmakers don’t have much besides the power of their platform, and they’re using it. It’s a similar strategy to that of Gov. Roy Cooper, who is leaning on his pulpit more than ever now that his veto power doesn’t have the strength it once did.
Cotham’s actions, Democrats said, represent “voter fraud of the highest order.” But unlike other states, North Carolina does not permit recall elections, giving voters little choice but to wait until the next election cycle rolls around.
That may not seem fair. Republicans have already used their newfound power to pass sweeping abortion restrictions that affect millions of people, and the next election is still a year and a half away.
Still, a solution may not be as simple as it sounds. What if a legislator chooses to become an independent? What if they decide to caucus with the other party, or vote alongside them? Should that trigger a special election?
We understand the sentiment of those who think politicians shouldn’t be able to deceive voters seemingly without consequence, especially when the stakes are so high. It’s the same sentiment that New Yorkers are feeling in response to George Santos, and Arizonans about Kyrsten Sinema. But if those politicians choose not to resign, voters may just have to wait to vote them out.
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The Charlotte Observer and Raleigh News & Observer editorial boards combined in 2019 to provide fuller and more diverse North Carolina opinion content to our readers. The editorial board operates independently from the newsrooms in Charlotte and Raleigh and does not influence the work of the reporting and editing staffs. The combined board is led by N.C. Opinion Editor Peter St. Onge, who is joined in Raleigh by deputy Opinion editor Ned Barnett and in Charlotte by deputy Opinion editor Paige Masten. Board members also include Observer editor Rana Cash and News & Observer editor Nicole Stockdale. For questions about the board or our editorials, email pstonge@charlotteobserver.com.