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North Carolina Judges Hear Arguments on Election Board Control Changes

RALEIGH, N.C. — In a significant legal battle, North Carolina trial judges heard arguments from attorneys representing Republican legislative leaders, who are defending their latest efforts to shift control of the State Board of Elections from a Democratic governor. This iteration of legislative action proposes that the power to appoint board members be transferred to the Republican state auditor.

Democratic Governor Josh Stein, who has filed a lawsuit against these changes, argues that the new law, approved by the General Assembly in late 2023 and set to take effect next month, contains constitutional flaws that echo those in previous attempts that courts have struck down. “The General Assembly is on a mission to both enact and execute the state’s elections,” Stein’s attorney, Jim Phillips, stated while urging the judges—Edwin Wilson, Andrew Womble, and Lori Hamilton—to invalidate this latest law. The court did not issue an immediate ruling after the 2.5-hour hearing, but indications suggest a decision will come before the law’s major provisions begin on May 1.

For nearly a decade, the Republican-controlled legislature has aimed to diminish the authority of the governor concerning the electoral board, a position established in North Carolina law over a hundred years ago. Traditionally, this model allows the governor’s party to appoint three of the five board members, with candidates drawn from both major political parties.

Republicans argue that a governor’s extensive control over elections compromises voter confidence and fosters one-party governance. Conversely, Democrats view these legislative maneuvers as a blatant power grab designed to advantage Republicans in the crucial battleground state. The ongoing uncertainties surrounding elections, exemplified by unresolved contests for a state Supreme Court seat, underscore the importance of the board.

Judicial intervention has previously thwarted at least four attempts since 2016 to alter the board’s makeup through laws endorsed by Republican lawmakers, all of which were challenged successfully by Stein’s predecessor, Roy Cooper. Furthermore, in 2018, voters rejected a proposed constitutional amendment that would have mandated appointment recommendations from legislative leaders for board positions.

In a March 2024 ruling, the same trio of judges, which includes two Republicans and one Democrat, invalidated the previous year’s legislation that sought to transfer appointment authority directly to the General Assembly.

The latest legal contention, discussed during Monday’s hearing, assigns the responsibility of appointing election board members to Republican Dave Boliek, who was elected auditor in November. Historically, the auditor has not been associated with electoral oversight and is primarily known for highlighting inefficiencies and misconduct within state governance.

Stein’s legal team contends that the new law should be rescinded as it obstructs the governor’s constitutional responsibility to ensure that the laws are “faithfully executed” within executive branches, including the elections board.

Counsel for Senate leader Phil Berger and House Speaker Destin Hall contended that delegating appointment responsibilities to a lower-profile role like the auditor is a significant shift. They argued that the board will still be an executive branch agency and highlighted that the General Assembly dictates the auditor’s responsibilities. “The people’s representatives have made the policy call,” asserted attorney Matthew Tilley, defending the legislative change as a potential pathway to fairer elections.

Judge Lori Hamilton expressed concern regarding the implications of this shift, questioning whether it represents a transparent power grab. “If it’s not just a barefaced power grab, why now? Why is this necessary?” she queried, emphasizing the potential for escalating public contestation over the accumulation of powers under the auditor’s office.

In late December, Cooper and Stein initiated legal action against Republican legislative leaders regarding the law, which also modifies how county elections boards are established, potentially ensuring that Republican majorities prevail in those bodies as well, starting in June. Notably, Cooper’s term ended earlier this year.

Although Boliek has previously indicated a lack of interest in overseeing the election board, he has since joined the lawsuit backing the Republicans’ stance. His legal team contributed to Monday’s court arguments. Any decision issued by the judges is likely to face an appeal.

In addition, Stein, a former attorney general, is pursuing legal action related to other provisions within the expansive law that appear to further weaken the powers assigned to the governor and other Democratic officials.

Source
abcnews.go.com