A North Carolina appeals court ruled on Wednesday that a controversial law stripping the governor’s authority to appoint members to the State Board of Elections can take effect for now. This decision came despite a lower court’s ruling last week that had deemed the law unconstitutional.
The three-judge panel on the Court of Appeals unanimously granted the request from Republican legislative leaders to suspend the lower court’s ruling, meaning the provisions of the new law would be enacted temporarily. Under this law, Governor Josh Stein’s power to appoint board members would be transferred to Republican State Auditor Dave Boliek, pending further legal proceedings.
Key Implications of the Ruling
The ruling could result in Boliek appointing the five members of the State Board of Elections from slates of candidates provided by both the Democratic and Republican parties, shifting control of the board from a Democratic to a Republican majority. The law is expected to take effect on Thursday, and unless the state Supreme Court intervenes, the new arrangement will stand for the time being.
Historically, the governor has appointed the five members of the election board, with three traditionally representing the governor’s party. Under the new law, Republicans would likely hold a majority on the board, which has significant authority over elections, including overseeing campaign finance laws, certifying election results, and setting rules for voting administration.
Ongoing Legal Challenges
The legal battle began when Governor Stein and his predecessor, Roy Cooper, challenged the law passed by the GOP-dominated General Assembly in December. They argued that transferring this power to the state auditor violated the governor’s constitutional responsibility to ensure laws are faithfully executed. The case reflects broader tensions between the executive branch, led by Democrats, and the Republican-majority legislature.
Republicans have long argued that the governor’s control over elections is problematic, leading to one-party rule and a lack of voter confidence. They contend that dispersing executive powers among other statewide elected officials, including the auditor, is consistent with the constitution.
On the other hand, Democrats claim that the law is a power grab aimed at giving Republicans an unfair advantage in elections, particularly in the battleground state of North Carolina. The State Board of Elections’ role has been central in several closely contested races, including a state Supreme Court seat that remains unresolved.
Political and Legal Reactions
Governor Stein expressed concern over the Court of Appeals decision, warning that it posed a threat to democracy and the rule of law. He urged the state Supreme Court to act swiftly to prevent the law from taking effect, calling the order “dangerous.”
The legal controversy over this law is not the first time that North Carolina’s legislative actions have clashed with the governor’s powers. Over the past several years, the Republican-controlled legislature has made several efforts to reduce the governor’s influence over state agencies, particularly those handling elections. Four similar laws targeting Governor Cooper were blocked by the courts, and voters rejected a 2018 constitutional amendment that would have required the governor to select election board members based on recommendations from legislative leaders.
Next Steps
As the legal process continues, it remains unclear how the new board would handle the ongoing litigation concerning the state’s Supreme Court race. The situation also raises broader concerns about the future of election integrity and governance in the state, as well as the balance of power between the branches of government.
The North Carolina Supreme Court will likely decide whether the law can go into full effect, with legal experts closely monitoring any developments.
