Despite changes made to North Carolina’s masking bill to address concerns over the removal of a pandemic-era health exemption, Democratic Gov. Roy Cooper vetoed the legislation mainly due to a campaign finance provision added during legislative negotiations. The bill now heads back to the state legislature, where Republicans hold narrow veto-proof majorities. Cooper’s veto is the third of the year, but GOP lawmakers have yet to take up override votes on his previous two vetoes this session. The original bill faced criticism for eliminating a health exemption to public masking laws, potentially making masking for health reasons illegal.
While the focus has been on the removal of the health exemption, the bill primarily aims to increase penalties for people wearing masks while committing crimes or blocking roadways during demonstrations. The legislation was advanced in response to the use of masks during protests over the war in Gaza, particularly on the UNC Chapel Hill campus. The bill had a relatively smooth passage through the Senate but faced challenges in the House when a Republican representative demanded a health exemption. Following negotiations, a compromise was reached that added a health exemption for individuals wearing medical-grade masks to prevent disease spread.
However, the addition of a campaign donations clause in the bill stirred controversy among Democratic legislators, with Cooper expressing concerns about the loophole for secret campaign money and lack of protection for those wearing masks for health reasons. The ACLU of North Carolina supported Cooper’s veto, labeling the bill as “anti-protest” legislation that could infringe on First Amendment rights. On the other hand, supporters of the bill, like Republican Sen. Danny Britt, argued that the veto could encourage individuals to wear masks as a means to conceal their identities and avoid accountability for their actions.
Republicans defended the campaign finance addition, citing the need to address issues stemming from a 2020 State Board of Elections advisory opinion that affected groups like the Republican Governors Association. Senate Democrats refused to vote on the bill due to the provision, while House Democrats raised concerns about financial transparency during a lengthy debate. The House and Senate are expected to take up their veto overrides before potentially going on an indefinite hiatus to address budget concerns. The fate of the bill and potential overrides will be crucial in determining the future of masking laws and campaign finance regulations in North Carolina.
