RALEIGH, N.C. — North Carolina's current governor and his successor have thrown down the gauntlet against what they see as a blatant power grab by the Republican-majority General Assembly. On Monday, Democratic Gov. Roy Cooper and Gov.-elect Josh Stein filed a lawsuit challenging key provisions of Senate Bill 382, which substantially alters how the State Board of Elections is appointed. This legal action is the latest chapter in the long-standing battle over the control of elections within the state.
At the heart of the lawsuit is the transfer of authority to appoint members of the North Carolina State Board of Elections from the governor’s office to the state auditor’s position. The incoming auditor, Republican Dave Boliek, will take over this role, which has raised concerns among Democrats about partisan bias and the independence of electoral 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 cycling,” Cooper remarked, emphasizing the consequences of such legislative changes.
The lawsuit was filed at Wake County Superior Court, where Cooper and Stein assert the new law undermines the separation of powers guaranteed by the North Carolina Constitution. They contend it creates distrust in the electoral process at a time when public confidence is already fragile. “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,” Cooper stated.
Stein echoed this sentiment, criticizing the move as “an insult to voters who rejected their power grab, violates our constitution, and must not stand.” He added, “These legislative leaders have repeatedly tried and failed to seize control of the State Board of Elections for their own partisan gain.” Both leaders' statements reflect their commitment to preserving the checks and balances intended by the state's Constitution.
Senate Bill 382 was passed largely along party lines, even after Cooper vetoed it. The bill does not just shift appointments for the State Board of Elections; it also transfers the ability to select the heads of county election boards to the state auditor. This sweeping legislation showcases the broader strategy employed by Republican leaders to diminish the influence of incoming Democratic officeholders.
The political backdrop to this lawsuit is rooted deeply within North Carolina’s contentious electoral history. Following the most recent election—where significant Democratic victories occurred at multiple levels—Republican lawmakers moved swiftly to fortify their grip on election oversight. This tension mirrors legislative behaviors observed across the country, where state legislatures have sought to curtail the powers of incumbent governors of opposing parties.
The Democratic administration argues this legislative maneuvering is perceived as undemocratic by many North Carolinians. They fear it could be detrimental to the established electoral framework. “This kind of legislature could damage the public's trust and goes against democratic foundations,” Stein maintained. Their lawsuit is not just about one bill but is part of what they argue is a pattern of legislative actions taken to undermine the will of the electorate.
Republicans have defended the bill as constitutional, asserting their rights to legislate around election oversight. GOP leaders argue their actions were justified by referring to situations when Democrats were previously accused of similar power plays. “It’s just kind of a sore-loser form of politics,” said Professor Steven Greene, who noted the Republican penchant for responding to undesired electoral outcomes by revising control measures.
The alterations introduced by SB 382 follow previous attempts by Republican lawmakers to change the structure of election oversight. Previous efforts have met significant resistance, with past judicial decisions ruling against similar legislative attempts. North Carolinians decisively rejected efforts aimed at reshaping the State Board of Elections by voting against such changes during the recent election cycles.
For Cooper and Stein, this litigation may set the stage for their governance, marking them as defenders of democracy amid Republican-led legislative overreach. Their experiences may also reflect broader patterns of conflict between state legislatives and executive branches governed by opposing parties. There is considerable public interest around the court’s impending decision, which could impact not only state elections but the balance of power within North Carolina for years to come.
The stakes could not be higher as this legal battle plays out. Both sides prepare for what promises to be intense examinations of legal obligations, electoral integrity, and the fine points of constitutional interpretation.
Stay tuned as this constitutional drama continues to evolve, potentially reshaping the governance of North Carolina amid heightened political battles.
