Lawsuit filed against Sect. of State

The basis of the lawsuit is simple. The plaintiffs claim the secretary of state's office should turn over documents relating to lobbyist activity on behalf of Spirit Aero. The timing of this request is not so clear to some.

“Isn't it interesting that that was announced right before the primary?” asked Sect. Of State Elaine Marshall.

In addition to her current roll, Marshall is running for U.S. Senate. The run-off election for that race is Tuesday. Which means polls open less than 24 hours after this suit was filed.

“It certainly had nothing to do with it,” says N.C. Institute for Constitutional Law Executive Director Robert Orr. “In fact, I had forgotten when we decided to file it today, that in fact the primary was tomorrow. “

Orr says the decision to file paperwork on Monday is just simply when it made sense to do it. Plus, this wasn't an issue he wanted to delay any longer.

“Our concern about putting it off any longer, and we have put it off a good long time, was that the general assembly might simply do nothing and not even address it,” he says.

Political analysts say with the little attention that this run-off between Marshall and Cal Cunningham is getting, this suit is unlikely to sway any voters.

“This will have marginal impact,” says political analyst David McLennan. “Now, where it might play out is if Elaine Marshall wins and is against Richard Burr in the general election. But it depends on how the lawsuit plays out.”

Orr says bad timing or not, this filing does open the door for candidates to take a stand.

“It certainly gives Secretary Marshall, or Cal Cunningham, or Senator Burr, or anybody else, an opportunity to say transparency and open government is a critical component of good government, and the lawsuit that's been filed here has merit. We change the law,” says Orr.

The N.C. Institute for Constitutional Law says they are hopeful this lawsuit will be heard before the end of the summer.