As North Carolina's secretary of state, Elaine Marshall oversees lobbyists and brags about taking "the power of money out of politics."
As a candidate for U.S. Senate, however, Marshall has sought the financial support of the same powerbrokers she currently regulates.
Marshall has raised at least $2,500 from five registered North Carolina lobbyists, according to an Associated Press review of donation records. It's a fraction of both the number of donations and $440,000 she has raised during her campaign for the Democratic nomination, and the money is also perfectly legal despite the state's strict limits on lobbyist donations that she helped craft.
Colleen Kocahnek, who lobbies for a number of groups including the N.C. Coalition Against Domestic Violence, acknowledged that she probably should have been more careful with her $250 donation to the Marshall campaign. Kochanek provided the money at an April fundraiser organized by a friend, thinking that she should support a candidate that she has known long before Marshall became secretary of state in 1997.
"I guess I should have thought of that, but I don't think of her in that role because I've known her so much longer than that," Kochanek said. "I'll probably be more careful next time because I always want to avoid any appearance of impropriety."
Frank Gray, who is registered to lobby for groups such as the N.C. Restaurant and Lodging Association and donated $1,000, said that Marshall approached him and said she could use his help. Gray has known Marshall for more than 25 years, since she was a practicing attorney.
"I've just had a long history with her, and that was my basis for contributing," he said. Gray said he didn't feel that his donation was inappropriate, given that the donation is part of the public record.
Thomas Mills, a spokesman for Marshall, pointed to the small number of donations she has received from lobbyists. He said that Marshall is largely raising money from friends and people she knows.
"We're by no means targeting lobbyists for contributions," he said.
Under a 2007 law that Marshall helped pass, lobbyist donations would be illegal if she were running for re-election in her current position. In that job, she oversees registration and expense reports that lobbyists must file. She can impose penalties on lobbyists for violations, and recently fined one $111,000 for bypassing rules about identifying his employer.
Bob Phillips, the executive director of Common Cause North Carolina, praised Marshall for her role in strengthening laws on lobbyist contributions, but said that her current donations raise a perception of impropriety for someone working as a regulator and a candidate. He suggested that state legislators consider extending the ban on lobbyist donations to also apply to current officeholders who may go on to run for federal office.
"It's a small example, but it's an important example of why we need to look at continuing to make changes to eliminate these perceptions and these conflicts," Phillips said. "We don't think that officeholders should necessarily be seeking money from folks they are regulating."
As of mid-April, Marshall had raised more than $320,000 from 538 individual contributors who donated more than $200 each -- funds that have to be detailed in federal disclosure reports. Names of donors who give in smaller amounts are not detailed.
Along with Kochanek and Gray, records show that Marshall has received $500 from Al Adams, $250 from Ed Turlington, and $500 from Charles Wilkins. There are 700 registered lobbyists in North Carolina.
Marshall has touted her experience as secretary of state and has cast herself as someone who fights against lobbyist influence.
"I've taken on special interests to help take the power of money out of politics," she said during her closing arguments during a televised primary debate in April. She went on to win the May primary vote but will face rival Cal Cunningham in a runoff June 22.
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