For years now, Pope Republicans and Morgan Republicans have fought a civil war.  It’s like the Shiites and Sunnis without the bombings.

Pope has targeted Morgan and his allies in this year’s primaries. Morgan is fighting back – not just politically, but also legally.

Morgan has filed a complaint with the State Board of Elections.  He claims that Pope’s Republican Legislative Majority of North Carolina, a 527, is illegally using Pope’s corporate millions to target candidates.

I believe Morgan will win: The board will rule that Pope’s war against other Republicans is not constitutionally protected “issue advocacy.”  The Board will rule that it is an illegal use of corporate money in elections.

But the federal courts may take a different view. 

Pope wrote a letter to The News & Observer other day.  He seemed to dig himself into a deeper hole with the Board of Elections.

He wrote:

“Republican state Reps. Richard Morgan and Rick Eddins voted for and supported the politically corrupt Democrat Jim Black for House speaker. Morgan is using Mike Weisel, the former Wake County Democratic Party chairman, as his attorney in filing a complaint….”

In effect, he admits his jihad is about partisan politics.

He goes on to make a point I’d like to agree with:

“If disclosing and debating an incumbent legislator's voting record is not issue advocacy and free speech, then what is? Should incumbents be able to shield themselves from criticism because they are also candidates?”

He’s right.  And if that is what Pope is doing, fine.

If you look at his mailings, Pope has slammed his rivals on issues.  But he has never crossed the “bright line” the federal courts have drawn: He has never urged anyone to vote for or against his targets.

But Morgan’s complaint is not based on what Pope said.  It’s based on why he said it.  Morgan’s point is simple.  He argues that Pope has only one motive: beat Morgan.

I think the State Board will rule with Morgan.  I base that in part on how the board has dealt with Speaker Jim Black.  The board is focused on rooting out illegal corporate contributions that it believes taint the political process. 

But the federal courts may be more concerned with protecting free speech. 

So Pope might be wise to get his lawyers working on an appeal to the federal courts.

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