In a significant judicial decision in Raleigh, North Carolina, state trial judges have invalidated an attempt by Republican lawmakers to shift the authority to appoint members of the State Board of Elections away from the governor. This contentious law intended to transfer appointment power to the state auditor was deemed unconstitutional by the court.
The decision came from a split panel of judges, comprised of two out of three judges siding with Democratic Governor Josh Stein and former Governor Roy Cooper, who had filed a lawsuit against the legislation passed by a GOP-dominated General Assembly in December.
This legislation, if enforced, would have allowed newly-elected Republican state Auditor Dave Boliek to begin appointing board members starting May 1. Typically, appointments to the five-member board have included three members from the governor’s party, selected from lists submitted by the major political parties.
Superior Court Judges Edwin Wilson and Lori Hamilton, who participated in the ruling, stated that the law infringed upon the governor’s constitutional duties. They emphasized the governor’s ultimate responsibility in ensuring the faithful execution of state laws, despite assistance from other elected officials.
The judges’ decision similarly echoed past court rulings, which have consistently blocked attempts by the legislature since 2016 to circumscribe the governor’s authority regarding election board appointments in North Carolina, the country’s ninth-largest state.
Previous legislative efforts directed at curbing powers of former Governor Cooper were also deemed unconstitutional by the courts, including a 2023 ruling from the same judicial panel. A 2018 voter rejection of a proposed constitutional amendment would have required the governor to appoint members recommended by legislative leaders.
The Republicans have argued that gubernatorial control over election boards leads to biased decision-making and erodes voter trust. In contrast, Democrats view these legislative efforts as power grabs aimed at securing a Republican advantage in the battleground state. The board’s significance has been underscored by ongoing disputes over key elections, such as an unresolved state Supreme Court seat.
Dissenting Judge Andrew Womble, however, contended that the General Assembly has the constitutional right to reassign powers within the executive branch, suggesting that such powers lie with the legislature.
Governor Stein’s representation argued that moving board appointments to the state auditor strays from the auditor’s traditional role, primarily involving audits and investigations of government waste and fraud. Such a precedent, the lawyer warned, could enable the legislature to reallocate other gubernatorial powers to various state officials, potentially undermining gubernatorial authority.
After the ruling, Governor Stein underscored the constitutional mandate for the governor to execute laws, a responsibility for which he was elected. His comments, shared on social media, reiterated his commitment to uphold this duty.
On the other side, Senate leader Phil Berger and House Speaker Destin Hall’s legal teams defended the constitution’s distribution of executive powers among various statewide officials, including the auditor, who could be empowered to oversee elections. As the constitution does not explicitly mention the board of elections, it vests legislative power to define the auditor’s responsibilities.
Despite the ruling, Boliek declared his intention to appeal the decision. Given the Republican majority in both the North Carolina Court of Appeals and Supreme Court, the appeal has a potentially favorable pathway.
Besides ruling against the State Board’s appointment shifts, the court’s decision also nullified recent modifications affecting the composition of the 100 county election boards, changes poised to favor Republican majorities starting in June had the law been implemented.
Further litigation from Governor Stein seeks to challenge other aspects of the comprehensive December law, which were viewed as curtailing gubernatorial and other Democratic officials’ powers. Although Governor Cooper vetoed the initial bill, it was eventually overridden by a Republican-led legislature.