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Outside Spending Enters Judicial Elections

The Republican State Leadership Committee in Washington, which pools donations from corporations and individuals to promote conservatives in state politics, is now broadening its scope to target judicial races.

The ad first appeared on television the Friday before last, a black-and-white spot charging that Justice Robin Hudson coddled child molesters and “sided with the predators” in a North Carolina Supreme Court dissent. It has run constantly since.

As notable as the ad’s content and frequency, though, is its source. It was created and aired not by one of Justice Hudson’s two opponents in Tuesday’s primary election, but by a group that had just received $650,000 from the Republican State Leadership Committee in Washington, which pools donations from corporations and individuals to promote conservatives in state politics and is now broadening its scope to target judicial races.

The sums have been unusual for such elections. The primary race for Justice Hudson’s Supreme Court seat alone has drawn more than $1 million — the bulk of it by independent groups including the Republican committee and an arm of the state Chamber of Commerce, which has spent $250,000 to promote both of her opponents with money from companies including Reynolds American, Blue Cross Blue Shield and Koch Industries.

The costly and fierce primary shows how the revolution in financing political campaigns, with the surging role of “super PACs” and other groups financed by corporations, unions and other interests, has entered what was the quieter arena of judicial elections.

In formal recognition of what it sees as new opportunities, last week the Republican State Leadership Committee, which had focused on state legislatures and governors’ races, announced a Judicial Fairness Initiative. The grant program will spend millions to “focus on educating voters to better understand the ideology of candidates up for judicial branch elections,” said the committee’s president, Matt Walter.

Caroline Cournoyer is GOVERNING's senior web editor.