North Carolina Governors Challenge Election Board Overhaul in Court
In a significant legal move, North Carolina’s Governor Roy Cooper, alongside Governor-elect Josh Stein, has filed a lawsuit against Republican legislative leaders. The suit contests recent amendments to the State Board of Elections and county boards, arguing that these changes breach the separation of powers as dictated by the North Carolina Constitution.
Governor Cooper expressed strong disapproval of the legislative actions, stating, “We have had the same structure for our state board of elections for nearly a century and it has served North Carolina well, with fair and secure elections across our state through every cycle.” He further criticized the changes as “blatantly partisan efforts” aimed at handing election control to a newly elected Republican, which he believes would erode trust in the electoral process.
Governor-elect Josh Stein echoed these concerns, accusing legislative leaders of repeatedly attempting to dominate the State Board of Elections for partisan objectives. He described the latest actions as an affront to voters who have previously opposed such power grabs, stating, “This latest move insults the voters who rejected their power grab, violates our constitution, and must not stand.”
The legislative amendments in question were part of Senate Bill 382, passed in December along strict party lines, overriding Governor Cooper’s veto. Key provisions of the bill include shifting the appointment power for the State Board of Elections from the Governor to the newly elected Republican State Auditor. Additionally, the authority to appoint the chair of each county board of elections would also be transferred to the State Auditor.
These developments mark the continuation of an eight-year campaign by Republican legislators to transfer control of election administration away from the Governor. Previous attempts have been consistently blocked by the courts, and in 2018, by a direct vote from the people of North Carolina. The lawsuit asserts that the partisan nature of the legislation “will undermine confidence in elections, and it contravenes the democratic principles on which our state government rests.”
For more details, read the motion here.
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