Latest challenge to North Carolina's power-shifting law focuses on state elections board control

RALEIGH, N.C. -- North Carolina's current governor and his successor tacked on another lawsuit Monday disputing a key provision within a GOP law that erodes the powers of several incoming Democratic state leaders — the latest in a longstanding power struggle between North Carolina's executive and legislative branches over who controls the state's elections.

The lawsuit challenges one of the law's core power shifts that move the ability to appoint members of the North Carolina State Board of Elections from the governor's authority to the state auditor's office — which will be run by Republican Dave Boliek next year. Democratic Gov. Roy Cooper and Gov.-elect Josh Stein, who currently serves as the state attorney general, filed the suit in Wake County Superior Court on Monday, saying in the complaint that the provision is unconstitutional and violates the separation of powers.

The change to state election board appointments will take place next spring if it isn't blocked in court. The state elections board would likely remain under GOP control for the next few years and would trickle down to county boards as well.

“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 cycle,” Cooper said in a news release Monday. “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.”

The suit from Cooper and Stein is the second challenge the pair has levied against the GOP-controlled state legislature concerning the law. Cooper and Stein are also contesting another provision that prevents the governor from choosing his State Highway Patrol commander.

Those alterations to the governor's powers were part of a larger swath of changes to several statewide offices that Democrats won in November and will preside over next year — such as attorney general, state schools superintendent and lieutenant governor.

If the law withstands the court challenges, it would further underscore the GOP-led legislature's tightened grip over the other two branches of government since Republicans took control of the General Assembly more than a decade ago. Last year, GOP supermajorities in both the House and Senate firmed up power even more.

Pending legal disputes in a few outstanding races, Republicans could lose their supermajority if Democratic challenger Bryan Cohn's attempt to oust incumbent Republican Rep. Frank Sossamon proves successful. That would give Stein a slightly more effective veto stamp on future Republican legislation if Democratic lawmakers stay unified.

Republican legislators passed the law in both chambers earlier this month — not without scathing disapproval from crowds of protesters in the building.

The bill drew the ire of House and Senate Democrats, as well as some community organizers, who denounced it as a “power grab.” They also criticized Republican lawmakers for tying the power shifts to disaster relief funding for western North Carolina in Hurricane Helene's aftermath. Most of the $252 million in recovery funds included in the law can't be spent until the next time the General Assembly acts.

But GOP legislators defended the bill, with incoming House Speaker Destin Hall saying during the House vote that the changes are within the legislature's constitutional right. Republicans also point to previous Democratic actions, such as weakening the state’s first GOP governor in 1972, as reasons necessitating the legislation.

Spokespeople for Senate leader Phil Berger and House Speaker Tim Moore — who are both defendants listed in the lawsuit — did not immediately respond to requests for comment Monday evening. A state elections board spokesperson also did not immediately respond.

Changes to the state elections board aren't a first for GOP lawmakers. Previous attempts have been blocked by courts, including a suit last year that would move board appointment authority from the governor to the General Assembly. Berger and Moore's attorneys moved to dismiss that case last week, and the new lawsuit from Cooper and Stein seeks to replace it.