North Carolina Republicans Override Governor’s Veto, Curtail Powers of Democratic Successors

On Wednesday, Republican lawmakers in North Carolina overrode Democratic Governor Roy Cooper’s veto to enact a sweeping law that diminishes the powers of key statewide Democratic officials set to assume office in January. The override passed in a 72-46 vote in the GOP-controlled House, following a similar vote in the Senate last week.

The legislation, which critics call a “power grab,” drew protests, with more than 150 demonstrators chanting “shame” from the House gallery as the vote concluded. One protester was arrested for trespassing and resisting arrest after refusing to leave.

Key Provisions of the Law

The 132-page bill introduces significant changes to the powers of North Carolina’s executive branch:

  1. State Board of Elections Control:
    The power to appoint members of the State Board of Elections will shift from the governor to the state auditor, a Republican, starting in spring. This change is likely to secure Republican majorities on the state and county election boards.
  2. Judicial Appointments:
    The governor’s authority to fill vacancies on the state Supreme Court and Court of Appeals is curtailed.
  3. Attorney General’s Independence:
    The law prevents the attorney general from taking legal positions contrary to those of the General Assembly in lawsuits challenging state laws.
  4. Election Deadlines:
    Post-election deadlines for counting provisional and absentee ballots are shortened, following Republican criticism of delays during close races.
  5. Hurricane Relief Funding:
    The law ties $252 million in Hurricane Helene recovery funds to its provisions, delaying access to most funds until further legislative action.

Political Fallout

Governor-elect Josh Stein and other incoming Democratic officials, including Attorney General-elect Jeff Jackson, will see their powers reduced under the new law. Stein called the legislation a “sham,” accusing Republicans of leveraging disaster relief as a guise for political maneuvering.

“It is despicable for the Republicans in the General Assembly to use folks’ incredible need for aid to cloak their political pettiness,” Stein said.

Proponents, such as Rep. Destin Hall, defended the measures as constitutionally valid exercises of legislative authority. “This body is entirely committed to helping folks in this state with storm relief,” Hall said.

Protests and Legal Challenges Expected

The override vote marks the latest in a series of power struggles between North Carolina’s legislature and its executive branch. Similar laws curtailing gubernatorial powers were passed in 2016 when Cooper was first elected, resulting in prolonged legal battles.

Outgoing House Speaker Tim Moore acknowledged that litigation is inevitable. “Of course it’s going to go to court. That’s just the way it is,” Moore told reporters.

Voter ID Amendment on the Ballot

In addition to the power-shifting law, the House secured a proposed constitutional amendment for the November 2026 ballot that would require all voters to show photo identification, codifying existing laws and exceptions into the state constitution.

Implications for Governance and Elections

The new law and pending litigation are set to influence North Carolina’s political landscape significantly, affecting governance and election processes. While Republicans argue the changes reflect constitutional authority, critics warn of undermining democratic principles and the independence of elected officials.

About J. Williams

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