NC Democrat Jessica Bichler Lying TV Ads Create Legal Liabilities

North Carolina Democrat Jessica Bichler and groups supporting her are running a series of TV ads claiming that North Carolina State Senator Michael Lee supported legislation that allowed pollution into the Cape Fear River. But the legislation cited in these ads did the exact opposite; the 2018 Water Safety Act, authored by Sen. Lee, established a statewide PFAS Testing network and required polluters to replace contaminated private wells. Back in 2022, Lee’s Democrat opponent, Marcia Morgan, later had to settle a lawsuit over “my accusations were not based in actual facts.”  Senate District Seven is one of the most competitive districts in North Carolina, playing a key role in determining which party controls the legislature.

The Blue Ridge Times learned that takedown notices have been sent to various television stations warning of the legal liabilities of running completely false ads. This is the first step in the process toward litigation to remedy the consequences of the false allegations.  

Here is a reality check for these ads:  

Claim One: Bichler’s campaign claims “Lee sponsored the bill to roll back water contamination and testing.”  

Reality: The bill cited is the 2018 Water Safety Act (S.L. 2018-5, sec. 13.1), which Sen. Lee authored to address concerns about PFAS contamination. The legislation created and funded a statewide PFAS Testing Network, funded a PFAS mass spectrometer and staff for DEQ, and required polluters to replace contaminated private wells. Sen. Lee has never sponsored legislation to limit testing. Since 2017, Lee has sponsored several bills to expand and fund testing, and the 2026 act orders sampling of every wastewater plant and permitted industrial discharger in the state.  

Claim Two: Bichler’s campaign claims “Lee shielded Chemours from accountability”  

Reality: This is a vague reference to an agreement in the 2026 settlement between the federal government and West Virginia. North Carolina was not a party to lawsuit. Additionally, a state senator has no role in litigation in a consent decree in a different state with the federal government.  

Claim Three: Her campaign claims “Lee voted to let Duke raise our rates.”  

Reality: In North Carolina, electric rates are set by the N.C. Utilities Commission, not by legislative vote. In fact, Lee voted to remove the 2030 carbon target, relieving pressure on electric rates by allowing a greater energy mix. In contrast, Bichler is endorsed by the North Carolina League of Conservation Voters, a clear sign that she supports the green energy economy that is pushing up electric rates across the country.  

Tim’s Take: PFAS contamination is a volatile issue in New Hanover County, which is why Lee led the way in addressing the issues. If there was any merit to these claims, Lee’s Democrat opponents in 2018, 2020, 2022, and 2024 would have used these lines of attack. These ads directly contradict reality, since Lee has led on cleaning up and mitigating PFAS contamination. This story follows the trail blazed by Lee’s previous opponent. Sometime after the election, there is a chance that we’ll be covering the settlement in which Bichler apologizes for lying to voters.