RALEIGH, N.C. — On Monday, the current governor of North Carolina, along with his successor, initiated a lawsuit challenging a significant aspect of a recent Republican law that undercuts the authority of several incoming Democratic leaders in the state. This legal action is part of an ongoing struggle between North Carolina’s executive and legislative branches regarding control over the state’s electoral processes.
The lawsuit specifically contests a central element of the law that transfers the power to appoint members of the North Carolina State Board of Elections from the governor to the office of the state auditor, a position that will be held by Republican Dave Boliek starting next year. Democratic Governor Roy Cooper and Governor-elect Josh Stein, who is currently serving as the state attorney general, filed the complaint in Wake County Superior Court. They argue that this change is unconstitutional and infringes on the principle of separation of powers.
If the court does not intervene, the new power structure for the state election board will be implemented next spring. This shift would likely ensure continued Republican dominance over the state elections board in the coming years, potentially affecting the composition of county boards as well.
Governor Cooper expressed concerns over the change, stating that the structure of the state board of elections had been stable for nearly a century and had successfully ensured fair and secure elections in North Carolina throughout various election cycles. He criticized the new law as a partisan maneuver that would undermine public trust in the electoral process.
This move by Cooper and Stein is not the first legal challenge they have presented against the GOP-controlled legislature regarding this law. They are also opposing another measure that restricts the governor’s ability to appoint the State Highway Patrol commander.
These changes reflect a broader set of modifications affecting various statewide offices that will transition to Democratic leadership next year, including positions such as attorney general, state schools superintendent, and lieutenant governor.
Should the law survive the ongoing legal challenges, it would highlight the tightening of control the GOP-led legislature has over the state’s executive branch since Republicans gained majority control of the General Assembly more than a decade ago. The supermajority that Republicans currently hold in both the House and Senate further solidified their power last year.
However, with unresolved legal disputes in several races, Republicans risk relinquishing their supermajority if a Democratic candidate, Bryan Cohn, successfully defeats incumbent Republican Representative Frank Sossamon, which would enhance Governor Stein’s veto power on future Republican legislation, provided Democratic lawmakers maintain unity.
Republican lawmakers advanced this legislation through both chambers earlier this month, facing strong opposition from protestors at the state capitol.
The bill has sparked considerable backlash from Democratic members of the House and Senate, as well as various community groups, who have labeled it as a blatant “power grab.” Critics have also taken issue with the Republicans attempting to link these power changes with disaster relief funding following Hurricane Helene, noting that substantial recovery funds in the bill will not be available for use until the General Assembly convenes again.
In defense of the law, incoming House Speaker Destin Hall asserted that the changes fall well within the constitutional rights of the legislature. Republicans have also pointed to historical actions by Democrats which diminished the power of the state’s first GOP governor voted into office in 1972 as a justification for their actions.
As of Monday evening, there was no immediate response from representatives for Senate leader Phil Berger and House Speaker Tim Moore, both of whom are named as defendants in the lawsuit. Additionally, a spokesperson for the state elections board was unresponsive to inquiries.
The alterations to the state elections board are not unprecedented, as previous initiatives have been halted by the courts. Last year, a lawsuit attempting to shift board appointment authority from the governor to the General Assembly faced opposition. Notably, both Berger and Moore’s attorneys attempted to dismiss that case last week, while the new lawsuit from Cooper and Stein aims to replace it.
