RALEIGH, N.C. -- A new lawsuit filed by North Carolina's current governor, Roy Cooper, and his successor, Gov.-elect Josh Stein, brings forth serious allegations against recently enacted legislation they describe as undermining the foundations of democratic governance. The lawsuit, submitted to the Wake County Superior Court, challenges the constitutionality of provisions within the GOP-inspired legislation known as Senate Bill 382, which drastically alters how the state manages its elections.
The crux of the contention revolves around the law's decision to transfer appointment powers for the North Carolina State Board of Elections from the governor’s office to the state auditor’s office. This office, which will soon be led by Republican Dave Boliek, would gain control over who sits on the state elections board, thereby significantly redefining the dynamics of power within North Carolina’s political framework.
According to Cooper, this move is unprecedented and threatens to dismantle nearly 100 years of established election oversight. “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 election,” said Cooper. He expressed concerns over perceptions of election integrity, citing potential distrust among voters due to what he described as “blatantly partisan efforts to give control over elections boards to a newly elected Republican.”
Stein, currently serving as the state attorney general, joined Cooper in decrying the legislation, emphasizing the broader consequences for governance and citing the action as another example of Republican overreach. “This latest move insults the voters who rejected their power grab, violates our constitution, and must not stand,” Stein declared.
This lawsuit is not their first attempt to challenge the authority of the GOP-led legislature. Cooper and Stein are also contesting another provision of the same law which soloes out the governor’s power to appoint his State Highway Patrol commander. Both provisions have sparked significant debate across party lines, with Democrats labeling the changes as attempts to consolidate power among Republicans, and the GOP framing the adjustments as within their constitutional rights.
Lawmakers from the GOP have steadfastly defended the legislation, claiming it marks necessary reforms within governmental operations. Incoming House Speaker Destin Hall remarked during the paned voting session, asserting, “These changes are within the legislature's constitutional right.” Nevertheless, public dissent from various quarters, including community organizations and protestors who gathered at the Capitol, voiced their opposition loudly, characterizing the law as nothing more than “a power grab.”
The legislation drew scrutiny not only for its political implications but also due to the circumstances surrounding it. Critics highlighted the controversial linkage between the power transitions and disaster relief funds, stating most of the $252 million designated for recovery cannot be accessed until the General Assembly convenes next.
Current political circumstances indicate potential ramifications as Democrats await outcomes from legal challenges unleashing tighter grips on authority by statewide Republican leaders. If Cooper and Stein's lawsuit succeeds, they could roll back elements of the law and restore the previous appointment structure, potentially altering the balance of governance moving forward.
The timing of this legal challenge is pivotal, with the power dynamic shifting rapidly as Stein prepares to assume the governor's office. With several key state offices recently reclaimed by Democrats, including the governor's office, attorney general, and lieutenant governor, the stakes could not be higher for both political factions. Should the law be upheld and take full effect, it would signal enduring influence of the GOP within North Carolina’s political sphere.
While the prospects of the lawsuit remain uncertain, its outcomes promise to considerably tip the scales of political strategy for North Carolina's legislature. Public scrutiny will likely remain high, fueling discussions not only on governance but also on the very nature of democracy and state oversight.
With the lawsuit filed, all eyes will be on the court’s response to the arguments presented by Cooper and Stein as they push back against what they described as unconstitutional attempts to redefine the authority of the office of the governor.
