RALEIGH, N.C. — On Tuesday, North Carolina’s Republican lawmakers introduced a comprehensive bill aimed at significantly reducing the authority of the soon-to-be-inaugurated Democratic governor, attorney general, and schools superintendent. This legislation would also transfer the appointment of the state’s election board to the GOP-controlled state auditor, marking a notable shift in power dynamics just weeks after the elections.
The proposed law spans over 130 pages and includes provisions for allocating more funds for relief efforts related to Hurricane Helene. It became public shortly before a meeting of the Republican-majority House, which plans to debate the bill during the current lame-duck session of the General Assembly. If the House approves it, the Senate will likely discuss it on Wednesday.
With their veto-proof majority potentially in jeopardy following recent election losses, Republicans view this session as a crucial opportunity to push through significant partisan changes before the new two-year term begins. Democratic Governor Roy Cooper will conclude his term at the end of the year, handing over the reins to his party’s candidate, Josh Stein.
Under the existing law, the State Board of Elections is composed of five members chosen by the governor from recommendations by both Democrats and Republicans, with the governor’s party holding three of those seats. Republican lawmakers have attempted for years to alter this arrangement but have faced legal challenges. Currently, a 2023 law that sought to shift these appointment powers from the governor to the General Assembly is under judicial review.
The new legislation proposes to relocate the independent state election board to the State Auditor’s Office, effective next summer, enabling newly elected Republican Auditor Dave Boliek to make appointments and grant Republicans greater control. Additionally, in response to this month’s issues with slow vote counting, the bill would mandate that county election boards finish counting provisional ballots within three days following Election Day.
Some counties struggled to finalize their provisional ballot counts during last week’s canvassing, leading to this new stipulation. The measure aims to accelerate the deadline for voters who lack a photo ID to present one to ensure their ballots are counted.
Pat Gannon, spokesperson for the State Board of Elections, indicated that board staff was not consulted regarding the bill, expressing concerns that it might undermine the ability of county boards to accurately count all eligible votes, especially during high turnout elections.
This legislation also addresses Hurricane Helene-related issues and sets aside an additional $227 million from state reserves, although it mandates that the funds remain unspent for the time being. There is a specific allocation of $50 million aimed at assisting Cooper’s administration in covering shortfalls for housing projects related to the aftermath of Hurricane Matthew in 2016 and Hurricane Florence in 2018.
Previously, state lawmakers had earmarked over $900 million for relief and recovery from Hurricane Helene in recent legislation signed by Cooper. The governor has urged the legislature for more aid, highlighting the urgency of the situation.
Democrats from western North Carolina expressed concerns that the Republicans’ focus was more on consolidating political power rather than providing timely assistance for those affected by the hurricane. They noted that the GOP employed a legislative maneuver that effectively prevented any amendments from being proposed by Democrats.
“This bill emphasizes that the legislature is prioritizing its political agenda over the pressing need for prompt assistance in our western communities,” stated Rep. Eric Ager from Buncombe County.
Republican representatives did not delve deeply into the power change discussions during their floor debate. Rep. Donny Lambeth, a Republican from Forsyth County who managed the funding aspects, acknowledged the continued demand for relief funds.
“There’s still considerable work to be done, and frankly, a substantial amount of money that will need to be allocated,” commented Lambeth.
The proposed legislation would also curtail the governor’s influence in appointing judges to fill vacancies on the state Court of Appeals and Supreme Court. It would restrict the selection process to three candidates nominated by the political party of the outgoing judge.
As Stein prepares to transition from his role as attorney general to governor, Democrat Jeff Jackson will take over as attorney general. This bill would limit the attorney general’s capability to oppose the General Assembly in legal challenges concerning the validity of laws. Recently, Stein chose not to defend portions of laws that impose restrictions on surgical abortions and abortion pills.
Stein criticized the Republicans’ actions as a power grab, remarking, “Instead of stepping up, the Republicans in the General Assembly are seizing control and seeking political retribution,” in a statement on the social platform X.
Furthermore, the bill establishes that the incoming superintendent of public instruction, a position soon to be controlled by Democrat Mo Green, will be prohibited from appealing decisions made by a state board overseeing charter school applications.
This Republican initiative resembles similar legislation passed in late 2016, which aimed to diminish Governor Cooper’s authority days before his inauguration, a move that sparked significant protests and numerous arrests at the Legislative Building.