Philip E. Berger

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Phil Berger
Phil Berger.jpg
President pro tempore of the North Carolina Senate
Assumed office
January 26, 2011
Preceded byMarc Basnight
Minority Leader of the North Carolina Senate
In office
January 1, 2005 – January 1, 2011
Preceded byPatrick Ballantine
Succeeded byMartin Nesbitt
Member of the North Carolina Senate
Assumed office
January 1, 2001
Preceded byDon East
Constituency12th District (2001-2003)
26th District (2003-2019)
30th District (2019-present)
Personal details
Born
Philip Edward Berger

(1952-08-08) August 8, 1952 (age 69)
New Rochelle, New York, U.S.
Political partyRepublican
Spouse(s)Patricia Hays
Children3
EducationDanville Community College
Averett University (BA)
Wake Forest University (JD)
WebsiteGovernment website

Philip Edward Berger (born August 8, 1952) is a Republican member of the North Carolina General Assembly representing the state's thirtieth Senate district, which includes Caswell, Rockingham, Stokes, and Surry counties.[1]

An attorney born in New York, Berger was first elected to the North Carolina Senate in 2000. He became minority (Republican) leader in 2004, and in 2010, he was selected by his fellow Republicans as their choice for the next Senate President Pro Tem.[1][2] Berger was officially elected president pro tem when the legislature opened on January 26, 2011.[3]

Berger supported voter ID legislation that a federal appeals court found to have targeted "African-Americans with almost surgical precision."[4] Berger has contested the decision as politically motivated.[5]

Early life and education[]

Berger was born in New Rochelle, New York; he graduated from George Washington High School in Danville, Virginia in 1970 and studied briefly at Danville Community College. Berger earned a bachelor's degree in sociology from Averett College[6] in 1980 and a J.D. degree from Wake Forest University School of Law[6] in 1982, after which he entered law practice.

Voting rights[]

Voter ID laws[]

In 2016, Berger supported voter ID legislation. The Fourth Circuit Court of Appeals deemed the laws to "target African Americans with almost surgical precision[7] in an opinion was written by Diana Motz. Berger criticized the ruling as a "decision by three partisan Democrats."[8] The three judges working on the case were appointed by Democratic Presidents; however, only two have been directly associated with the Democratic party.

In 2017, the Supreme Court chose not to take up the case, allowing the lower court's decision to stand.[9]

In 2018, a referendum for a Constitutional amendment was approved by a majority of voters.[10] Berger voted to pass legislation that would enroll the amendment later in the year during a lame-duck session.[11]

In 2019, a North Carolina judge offered an opinion that the General Assembly was illegally constituted and unable to make law.[12] However, the Governor did enroll the amendment and it remains a portion of the Constitution. Further court proceedings are underway.[13]

COVID-19 pandemic[]

During the COVID-19 pandemic, Berger led Republican opposition to North Carolina Board of Elections recommendations to make voting by mail easier.[14]

Personal life[]

He is married to Patricia Hays;[6] they have three children, Philip Jr., Kevin, and Ashley as well as four grandchildren.

Corruption allegation[]

In 2019, Berger was accused of exploiting a loophole in North Carolina campaign finance law to enrich himself personally. However, the arrangement has been approved on two separate occasions by the State Board of Elections, which found that it did not violate any ethical rules.[15] According to the complaint, Berger created a shell company through which he purchased a Raleigh townhouse for $250,000, and then used campaign funds to pay himself "rent" which went to pay the mortgage on the property. Four years later, Berger sold the property to a registered lobbyist with business before the Senate which Berger controls for an $80,000 profit.[16]

References[]

  1. ^ Jump up to: a b "Senator Phil Berger (Republican, 2009-2010 Session)". North Carolina General Assembly. Retrieved September 10, 2010.
  2. ^ News & Observer: Phil Berger picked by GOP for top NC Senate job Archived November 22, 2010, at the Wayback Machine
  3. ^ "WRAL.com/Associated Press: GOP-led legislature begins with budget, maps ahead". Wral.com. Retrieved December 20, 2012.
  4. ^ Blinder, Alan; Wines, Michael (February 22, 2019). "Republican Cries Against Voter Fraud Go Mostly Quiet After Scheme Tied to Party". The New York Times. ISSN 0362-4331. Retrieved February 23, 2019.
  5. ^ https://www.newsobserver.com/news/politics-government/state-politics/article92593512.html
  6. ^ Jump up to: a b c "Board of Visitors - Directory". University of North Carolina at Chapel Hill. Retrieved September 10, 2010.
  7. ^ http://electionlawblog.org/wp-content/uploads/nc-4th.pdf
  8. ^ https://www.newsobserver.com/news/politics-government/state-politics/article92593512.html
  9. ^ https://www.nytimes.com/2017/05/15/us/politics/voter-id-laws-supreme-court-north-carolina.html
  10. ^ "NC voters approve 4 constitutional amendments, including Voter ID".
  11. ^ https://www.citizen-times.com/story/news/local/2018/11/27/nc-voter-id-dominates-general-assembly-lame-duck-session/2133133002/
  12. ^ "North Carolina voter ID law struck down".
  13. ^ https://thehill.com/homenews/state-watch/431513-nc-republicans-appeal-judge-decision-tossing-mandatory-voter-id
  14. ^ Harrison, Steve. "Top NC Republican Dismisses Ideas To Make Mail Voting Easier". www.wunc.org. Retrieved April 4, 2020.
  15. ^ "Senate leader's housing deal exposes a big election law loophole. Let's close it".
  16. ^ "NC Senate leader Phil Berger made $80,000 selling his house to a lobbyist".
  1. http://www.charlotteobserver.com/news/politics-government/article68401147.html
  2. http://wunc.org/post/sifting-through-facts-house-bill-2#stream/0
  3. http://www.bizjournals.com/charlotte/blog/outside_the_loop/2016/04/red-ventures-reconsiders-staff-up-at-charlotte.html
  4. http://www.bizjournals.com/charlotte/blog/outside_the_loop/2016/04/red-ventures-reconsiders-staff-up-at-charlotte.html
  5. http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article68797392.html
  6. http://www.newsobserver.com/sports/spt-columns-blogs/luke-decock/article69320567.html NCAA basketball tournament
  7. https://web.archive.org/web/20160331095445/http://press.highpointmarket.org/market-press-releases/300 statement
  8. https://web.archive.org/web/20170207020036/http://www.cggc.duke.edu/pdfs/2013-09-30HighPointMarket-economic-impact-analysis-1.pdf
North Carolina Senate
Preceded by
Don East 		Member of the North Carolina Senate
from the 12th district
2001–2003 		Succeeded by
Fred Smith
Preceded by
Austin Allran 		Member of the North Carolina Senate
from the 26th district
2003–2019 		Succeeded by
Jerry Tillman
Preceded by
Shirley Randleman 		Member of the North Carolina Senate
from the 30th district
2019–present 		Incumbent
Preceded by
Patrick Ballantine 		Minority Leader of the North Carolina Senate
2005–2011 		Succeeded by
Martin Nesbitt
Preceded by
Marc Basnight 		President pro tempore of the North Carolina Senate
2011–present 		Incumbent
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