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A North Carolina court on Wednesday struck down a Republican-backed law that would have stripped the governor of his long-held power to appoint members to the State Board of Elections, ruling it unconstitutional and affirming the governor’s role as the chief enforcer of state law.
The decision, delivered by a three-judge panel, sided 2-1 with Democratic Gov. Josh Stein and former Gov. Roy Cooper, who sued after the GOP-dominated General Assembly passed the law in December. The controversial statute would have transferred appointment authority to State Auditor Dave Boliek, a Republican, starting May 1.
“This law would interfere with the Governor’s constitutional duties,” wrote Superior Court Judges Edwin Wilson and Lori Hamilton in the majority opinion. “While other elected executive officers assist in executing state laws, the governor bears the ultimate duty of faithful execution.”
The lone dissent came from Republican Judge Andrew Womble, who contended that the General Assembly has broad authority to reassign executive powers and could lawfully give new responsibilities to the state auditor.
For over a century, North Carolina governors have appointed the five members of the State Board of Elections, with three typically from the governor’s party. The GOP’s new law aimed to change that tradition by handing control to Boliek, giving Republicans likely majorities on both the state board and local county election boards.
The court’s decision also nullified related changes to the 100 county elections boards, which would have begun in June and similarly shifted appointment powers away from the governor.
“The North Carolina Constitution puts the Governor in charge of executing the law. That’s what the voters elected me to do, so that’s what I’ll do,” Gov. Stein posted to X after the ruling.
This marks the fifth time since 2016 that courts have blocked Republican-led efforts to diminish the governor’s control over election administration. A 2023 version of the law was previously declared unconstitutional by the same panel, and voters in 2018 rejected a proposed constitutional amendment that would have allowed legislative leaders to effectively control appointments to the board.
Republicans argue the current system gives the governor too much influence, eroding voter confidence in fair elections. “This is about restoring balance and eliminating one-party control,” said GOP legislative leaders during debate on the law.
But Democrats view the move as a power grab, designed to shift control of the state’s election machinery ahead of a crucial 2024 cycle in a major swing state.
Attorneys for Republican Senate leader Phil Berger and House Speaker Destin Hall claim that the state constitution grants the legislature flexibility in assigning duties to statewide elected officials, such as the auditor. They pointed out the Board of Elections isn’t explicitly mentioned in the constitution, and that the auditor’s role is defined by statute.
Still, Stein’s attorneys argued the auditor has no historical involvement in election administration and warned the law would set a dangerous precedent, allowing lawmakers to move any gubernatorial power to another official who might more readily follow legislative wishes.
The ruling can be appealed, and Republicans hold majorities on both the North Carolina Court of Appeals and Supreme Court, where the case may eventually land.
In the meantime, Gov. Stein continues to challenge other provisions in the December legislation that reduce the authority of Democratic officials. Though Gov. Cooper vetoed the law, Republicans overrode it using their legislative supermajority.
