Ethics commission takes Merritt to court

The State Ethics Commission is asking a Superior Court judge to prevent State Auditor Les Merritt from investigating a claim of preferential treatment for Lt. Gov. Beverly Perdue, the Democratic nominee for governor.

The suit claims that Merritt's office has a conflict of interest because its investigations chief, Frank Perry, left the ethics commission a year ago. The suit also claims that Merritt, a Republican seeking re-election, "denigrated" the commission in an hour-long interview with a radio station.

It is a rare case in which one state agency is suing another, reports Dan Kane.

"The commission welcomes an independent and impartial investigation by an appropriate entity that is free from actual and/or perceived conflicts of interest," the suit said.

More after the jump.

Spokesman's role

Auditor Les Merritt's spokesman played a key role in briefly halting a voting bill, according to e-mails received under a public records request.

At 10:12 a.m. on June 5, Chris Mears forwarded a Dome item on a bill to allow North Carolinians to register to vote the weekend before an election to Merritt, Chief Deputy Kris Bailey, Executive Assistant James Forte and legal counsel Tim Hoegemeyer.

"If we want to have an impact on voter registration legislation, we should get Sen. Berger information sooner rather than later," he wrote. "This is a significant opportunity to safeguard our democracy that I don't think we should pass-up."

Merritt agreed, saying that "time will pass us by." In a reply sent at 10:17, he wrote, "We may need to speak even if our audit is not complete."

At 2:34 p.m., Merritt e-mailed Sen. Dan Clodfelter to ask him to pull the bill. Senate leaders agreed, but they put the bill back up for a vote after a hearing with Merritt. It passed and is now back in the House.

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