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RALEIGH, N.C. — In a notable legal ruling, North Carolina trial judges dismissed a recent Republican initiative aimed at transferring the authority to appoint State Board of Elections members from the governor to the elected state auditor, citing the law’s unconstitutionality.
The decision came from a three-judge panel where two judges—one from the Republican Party and another from the Democratic Party—supported newly elected Democratic Governor Josh Stein, who, alongside his predecessor Roy Cooper, challenged the legislation that was enacted by a GOP-controlled General Assembly last December. The dissenting opinion came from a Republican judge.
Historically, the governor has held the power to appoint five members to the board—three of whom typically belong to the same party as the sitting governor—drawing from candidates nominated by the two main political parties.
The controversial law proposed that the new Republican state Auditor, Dave Boliek, take over these appointments starting May 1, which would likely allow Republicans to gain a majority on the board.
Judges Edwin Wilson and Lori Hamilton stressed in their ruling that the law would “interfere with the Governor’s constitutional duties.” They emphasized that while other executive officials support the governor in enforcing state laws, the ultimate responsibility rests with the governor to ensure that those laws are effectively executed.
The judges referenced a history of legal challenges against similar attempts by the General Assembly to diminish the governor’s powers. Since late 2016, Republican lawmakers have consistently sought to limit the authority of governors in North Carolina, particularly in relation to the election board.
Four prior legislative actions aimed at diminishing Cooper’s authority were struck down by the courts, including a 2023 law rejected by the same judicial panel that ruled this time. Additionally, during the 2018 elections, voters dismissed a constitutional amendment that would have mandated the governor to choose board members based on recommendations from legislative leaders, an outcome that would have ensured a balanced board representation.
While Republicans have voiced concerns about excessive gubernatorial control over election processes, suggesting it leads to one-sided decision-making and undermines public confidence, Democrats contend that these legislative maneuvers represent a strategic power grab aimed at skewing electoral advantages in favor of the GOP within this key swing state. The contentious nature of the State Board of Elections has gained significance in light of the ongoing disputes surrounding election outcomes, including an unsettled seat on the state Supreme Court.
Judge Andrew Womble, the dissenting member of the panel, asserted the legality of the General Assembly’s right to delegate powers to the auditor, positing that the legislature serves as the “final authority” in determining executive powers.
Stein’s legal representative argued in the recent hearing that the auditor’s historic responsibilities have not included election oversight; instead, their primary role focuses on auditing governmental efficiency and integrity. They cautioned that endorsing the new law could set a precedent for the legislature to transfer other gubernatorial powers to various statewide elected officials, undermining the governor’s role.
“The North Carolina Constitution places the responsibility for executing the law in the hands of the Governor. This is the mandate given to me by the voters, and I intend to uphold it,” Stein stated in a post on X following the ruling.
Attorneys representing Senate leader Phil Berger and House Speaker Destin Hall defended the legislative actions, reiterating that power within the executive branch is intentionally distributed between multiple statewide elected officials, including the auditor, who may be assigned responsibilities related to elections. They pointed out that the State Board of Elections is not explicitly outlined in the constitution, which offers some flexibility regarding the duties of the auditor.
The ruling can be subject to appeal, and spokespeople for Berger and Hall have yet to provide comments regarding the decision. Notably, Republicans maintain a majority in both the state Court of Appeals and the Supreme Court.
Moreover, this ruling invalidates changes regarding the selection process for the 100 county elections boards, which also had implications for establishing Republican dominance at the local level through Boliek’s involvement. These changes were slated to commence in June.
Stein, who previously served as attorney general, is also pursuing legal action against additional provisions encompassed within the broader legislative changes of December that aim to curtail various powers granted to the governor and other Democratic officials. Although Cooper vetoed the original bill, Republicans successfully overrode it, marking a significant victory for the party.
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