RALEIGH, North Carolina — In a recent ruling, North Carolina trial judges invalidated a Republican-led effort to diminish the governor’s authority in appointing State Board of Elections members. The judges deemed the law, which aimed to shift this responsibility to the state auditor, as unconstitutional.
Supporting Democratic Gov. Josh Stein, the judges highlighted that the governor plays a crucial role in selecting the five board members, typically three of whom belong to the governor’s party. The appointments are chosen from candidates put forth by the major political parties.
Legal Dispute Over Board Appointment
The contentious law intended to transfer the board appointment authority to GOP state Auditor Dave Boliek starting May 1, with an expected shift in board majority to Republicans. However, Superior Court Judges Edwin Wilson and Lori Hamilton reasoned that such a move would impede the governor’s constitutional duties. While other elected officials assist in executing state laws, the ultimate responsibility lies with the governor.
This ruling echoes past decisions that thwarted similar attempts by the General Assembly to curtail the governor’s powers. Since late 2016, the legislature has made repeated efforts to erode the governor’s authority over election administration in the state.
Political Implications and Legal Challenges
Previous laws targeting Governor Cooper faced legal obstacles, with courts blocking several attempts to limit his authority. The ongoing struggle underscores the partisan divide on election governance, with Republicans advocating for a shift in power to ensure fair representation in the election board.
Democrats, on the other hand, view these laws as partisan maneuvers to gain undue advantage in North Carolina’s electoral landscape. The unresolved election for a state Supreme Court seat further underscores the critical role of the election board in shaping the state’s political landscape.
While dissenting judge Andrew Womble argued for the legislature’s right to allocate powers to the state auditor, the majority opinion emphasized the governor’s pivotal role in upholding the law. The legal battle reflects broader tensions over the separation of powers and the extent of executive authority in North Carolina.
Future Legal Proceedings and Political Responses
Despite the ruling, GOP leaders, including Senate leader Phil Berger and House Speaker Destin Hall, expressed intent to challenge the decision. They argue that executive powers in North Carolina are distributed among various statewide elected officials, including the state auditor.
The ongoing legal saga underscores the deep-rooted political divisions surrounding election governance in North Carolina. As the legal battle continues, the implications for future election processes and gubernatorial powers remain uncertain.
For now, the ruling stands as a significant legal victory for Governor Stein and a setback for GOP efforts to reshape election administration in the state. The legal wrangling underscores the complex interplay between legal interpretation, political power dynamics, and the constitutional framework governing executive authority in North Carolina.
