Gov. Bev Perdue hit an $88 million lottery jackpot last week, and all it cost was the state's integrity.
The governor had a compelling reason to move that much money from lottery accounts to the state's general fund. Nevertheless, her action contradicts the 2005 lottery law and breaks faith with the public.
The lottery was established to raise money for public education. It's written into law. Shifting proceeds to the general fund makes them available to spend for any purpose.
Perdue ordered the transfer of $50 million from the lottery reserve fund, leaving it empty. She took an additional $38 million intended for allocation to counties for school construction.
She claims constitutional authority to override the lottery law, and she may be correct. The state constitution requires a balanced budget and charges the governor to "continually survey the collection of the revenue and ... effect the necessary economies in state expenditures" to eliminate any deficit.
With state revenues plummeting, Perdue has ordered cuts in spending to balance the ledger by the end of the current fiscal year. She still has to find money to cover necessary expenditures. The lottery is an obvious source. Despite economic hard times, it seems many North Carolinians are still willing to gamble what little they have for the slightest chance of winning a fortune. Perdue's taking advantage of their bad luck to help close the state's deficit.
In doing so, however, she's stepped into an ethical thicket. The lottery was narrowly approved -- as lieutenant governor, Perdue cast the tie-breaking vote in the Senate -- with assurances from supporters that its proceeds would benefit public education exclusively. Its very name spells it out: The North Carolina Education Lottery. It was explicitly not meant to plug holes in the budget, no matter what the circumstances. Without the only-for-education guarantee, the lottery probably would not have been approved. But now, only four years later, the promise has been cast aside.
Certainly, Perdue must meet her constitutional responsibility to balance the budget. The recession makes that a very difficult task right now. But the governor can encounter a budget shortfall any year. All it requires is for the governor and legislature to propose too much spending or project too much tax revenue. So the governor and her successors can tap lottery funds from now on to help out every time there's a pinch. If one governor can do it, others will find it easy to follow.
Leading lottery supporters aren't even protesting. They must have known all along this was bound to happen.
Maybe no one should be surprised. With the lottery, it was always the intent to game the gullible.
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