North Carolina’s political climate is heating up as Democratic Governor Roy Cooper and Governor-elect Josh Stein are embroiled in yet another lawsuit challenging the Republican-sponsored Senate Bill 382 (SB382). Filed on Monday, the lawsuit aims to block the provisions of the bill which strip the governor's office of powers to appoint members to the State Board of Elections.
SB382 marks the latest legislative effort by the Republican-controlled General Assembly to transfer significant powers traditionally held by the governor to officials aligned with Republican interests. The primary change involves shifting the authority to appoint members of the state elections board from the governor to the state auditor, who will soon be Republican Dave Boliek.
Cooper expressed his concerns, 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 election." He added, "These blatantly partisan efforts to give control over elections boards to a newly elected Republican will create distrust in our elections process and serve no legitimate purpose."
Stein echoed these sentiments, stating, "This latest move insults the voters who rejected their power grab, violates our Constitution, and must not stand." The suit suggests this is not the first time legislative leaders have attempted to wrest control over election processes away from the governor’s office, pointing to past instances dating back to 2016.
SB382 is particularly controversial because it is said to be the sixth time automation of processes pertaining to elections has troubled the state, undermining the established legal and administrative framework.
The legislation has also faced criticism from election officials. Karen Brinson Bell, the executive director of the state board, noted, "Staff were not consulted" about the changes proposed by the law, which include substantial changes to how absentee ballots are counted. She warned such shifts could jeopardize the accuracy and efficiency of vote counts.
Interestingly, the law does not only affect the appointment of election officials. It curtails the power of the incoming governor Stein to appoint key positions, such as the commander of the North Carolina Highway Patrol, effectively diminishing the governor's authority across various sectors. Cooper previously highlighted, "It’s fundamental to our Constitutionthat the legislature cannot both make the laws and then choose the leaders who enforce them."
This latest legal action continues fresh from Cooper’s earlier efforts to block provisions of SB382 significant to civil service and the governance structure. Following previous legal challenges aimed at consolidations of power within the legislature, Cooper's administration received victories—so the stakes are high as they head back to court.
Phil Berger, Senate leader, defended SB382, arguing it removes political interference from the governor's office, stating, "Now, we are moving forward with a solutionthat will place the state board under the Office of the State Auditor and rid election administration of the blatant partisan politics." His remarks suggest Republicans believe this shift will restore independence to election oversight.
Democratic legislators have widely condemned the bill, with Rep. Pricey Harrison calling it both “unconstitutional” and indicative of “a pure power grab” fueled by partisan interests. Given the history of changes concerning state election oversight and the potential damage to voter trust, the latest developments could have far-reaching consequences.
The lawsuit is expected to be reviewed by the Republican-controlled North Carolina Supreme Court, noted for its reluctance to impede the legislative power. This could complicate the path forward for the Cooper and Stein's administration.
Stein expressed his readiness to work collaboratively but emphasized the importance of establishing fair and transparent governance, urging the General Assembly to confront the issues head on. “If they do, they will finda good faith partner in me. I'm ready to get to work.”
The ramifications of SB382 loom large over North Carolina's future elections as changes seek to not only redefine power but also potentially reshape voters' confidence moving forward.
