Berger may not be dead, but he is seriously wounded

Who would have thought the most powerful politician in the state would lose his Senate re-election? That he would lose in a district he has represented for 25 years? That his home county would vote against him by almost a two to one margin? Or that even though an estimated $10 million dollars was spent by him, his corporate supporters or independent expenditure groups on his behalf, he still lost. 

Voters in NC Senate District 26 sent a loud message on March 3^rd. The outcome raises interesting points and many questions.

One clear message is that voters in the district think Phil Berger has stayed too long. He tried (unsuccessfully) to put a gambling casino in his home county. He has held up the approval of a state budget, preventing teachers and state employees from getting pay raises. Berger’s was one of the loudest voices in dismantling traditional public education and giving of hundreds of millions of tax dollars to largely wealthy, white kids for private school vouchers. For years, Berger impeded the approval of Medicaid expansion that gave health insurance benefits to some 600,000 older and lower income residents in the state.

I know the fat lady hasn’t sung yet, but she is warming up. There are still a few votes to be counted from military and overseas voters, votes that must be received by March 12^th. Few believe those votes will change the ultimate outcome and Sheriff Sam Page’s lead will hold.

Republicans, who have screamed for years about election integrity, are now going to have to show whether this was all talk or that they believe in the concept. The first test will come on March 25^th when the State Board of Elections, a board that Berger led the charge in removing from the control of the governor to one of his favorite cronies, Auditor David Boliek, meets to certify the winner.

Page is demanding that Boliek recuse himself from this election because Boliek campaigned for Berger. Boliek refused, saying that HE isn’t counting the votes. That’s lame! It is the board Boliek appointed that is going to be asked to certify the outcome and we deserve to know that the State Auditor will not have any contact with the board deciding whether to certify the winner. It will test their credibility in whether they name Page the winner…or defer.

The Senator has every right to call for a recount, however, seldom does the outcome change from such recounts, reassurance to the voters of our state that our election officials do their jobs well, honestly and accurately.

If the board surprises us and does certify Page the winner, expect Senator Berger to challenge the certification, although it is difficult to envision on what grounds. Berger must make a case why the outcome should be overturned.

The court of public opinion has already spoken, but it will surprise no one when lawsuits ensue, similar to the futile efforts of Jefferson Griffin to overturn the Supreme Court election by Alison Riggs. The case will likely go to the NC Supreme Court, opening more cans of worms.

Will Justice Phil Berger, Jr., the Senator’s son, recuse himself from rendering a verdict in the case? If this isn’t a blatant conflict of interest, will one ever materialize? And Chief Justice Newby’s Supreme Court has been the most politically partisan yet seen; some are already predicting the court’s verdict is preordained. The outcome may be months of even a year of more in coming.

Senator Berger has said he intends to fulfill his current Senate term that ends in January.

Has his power been diminished to the point where he can still control Senate Republicans or has Emperor Berger been sufficiently wounded to have lost control? And how might that impact the upcoming short session of the legislature?

House Speaker Destin Hall, unwilling to bend the knee to Berger’s will, is more likely to assert his House caucus’ stands on the budget, perhaps further stalling its passage. No Republican legislator needs reminding that the current winds are not favoring Republicans and further delays will only play into the hands of Democrats come November, maybe even to the point of impacting which party controls the House or Senate in January 2027.

Even stalwart Republican must acknowledge that Phil Berger’s authority and power have been damaged. We won’t know just how much until this drama unfolds further. After a 15-year tight-fisted hold on power, Berger may not be dead, but he is seriously wounded.

This primary election will be remembered for years to come.

Tom Campbell is a Hall of Fame North Carolina broadcaster and columnist who has covered North Carolina public policy issues since 1965.  Contact him at tomcamp@ncspin.com