North Carolina Governor Roy Cooper and Governor-elect Josh Stein have filed a lawsuit challenging a provision in a GOP law that shifts the power to appoint members of the State Board of Elections from the governor to the state auditor’s office. The lawsuit, filed in Wake County Superior Court, alleges that this provision is unconstitutional and violates the separation of powers. If this change is not blocked, it would result in the state elections board being under GOP control for the next few years, impacting county boards as well.
Cooper and Stein argue that the current structure of the state board of elections, in place for nearly a century, has served North Carolina well by ensuring fair and secure elections. They claim that the partisan efforts to give control of elections boards to a newly elected Republican will create distrust in the elections process and serve no legitimate purpose. This lawsuit is the second challenge the pair has brought against the GOP-controlled state legislature, with the first one contesting a provision that restricts the governor’s ability to choose his State Highway Patrol commander.
If the law stands after court challenges, it would further solidify the GOP-led legislature’s control over the other two branches of government in North Carolina. The Republicans have tightened their grip on power since gaining control of the General Assembly over a decade ago. However, pending legal disputes in some outstanding races could potentially weaken the GOP’s supermajority. The controversy surrounding the bill, including allegations of it being a power grab, has drawn criticism from House and Senate Democrats, as well as community organizers.
The bill, passed by Republican legislators, has faced opposition from Democrats and protesters alike. Critics argue that tying power shifts to disaster relief funding for western North Carolina in the aftermath of Hurricane Helene is inappropriate. Most of the $252 million in recovery funds allocated in the law cannot be spent until the General Assembly acts again. Incoming House Speaker Destin Hall defended the changes, stating that they are within the legislature’s constitutional rights. Republican lawmakers also point to previous actions taken by Democrats to justify their legislation.
Previous attempts by GOP lawmakers to alter the state elections board have been thwarted by the courts, including a suit last year that aimed to transfer board appointment authority from the governor to the General Assembly. Cooper and Stein’s new lawsuit seeks to replace the previous case that was moved to dismiss by Senate leader Phil Berger and House Speaker Tim Moore’s attorneys last week. As this legal battle continues, the dispute over the balance of power between the executive and legislative branches in North Carolina remains at the forefront of state politics.
