RALEIGH, N.C. — North Carolina’s governor and his successor have filed a lawsuit challenging a controversial provision in a Republican-backed law aimed at transferring key powers from the state’s executive branch to the legislature. This legal action continues the ongoing power struggle in North Carolina over election control.
The lawsuit asserts that the law’s amendments, which would shift the authority to appoint members to the North Carolina State Board of Elections from the governor to the state auditor—set to be led by Republican Dave Boliek—are unconstitutional and violate the principle of separation of powers. Democratic Governor Roy Cooper and Governor-elect Josh Stein, the current state attorney general, lodged the complaint in Wake County Superior Court, arguing that the change threatens the integrity and fairness of elections across the state.
Should the court not intervene, this significant alteration in election board appointments will take effect next spring, which could lead to continued Republican oversight of the state elections board and its county counterparts for years to come.
Governor Cooper highlighted the historical context of this issue, stating, “We have had the same structure for our state board of elections for nearly a century, ensuring fair and secure elections across our state. These partisan maneuvers threaten to undermine public trust in the electoral process.”
This lawsuit marks the second legal challenge Cooper and Stein have initiated against the Republican-controlled legislature regarding this law, with the first contesting a provision that strips the governor of the authority to appoint the State Highway Patrol commander.
These legislative changes come in light of a switch in leadership, as Democrats have recently secured several statewide offices, including attorney general and state schools superintendent, and are set to take control in the coming year.
If these legal challenges fail, the law will solidify Republican dominance over North Carolina’s government, reinforcing control that has been in place since they took over the General Assembly over a decade ago, with supermajorities further cementing their power last year.
Pending legal outcomes in unresolved races could impact the Republican supermajority, which would affect legislative dynamics and allow for more effective vetoes from Stein if Democratic lawmakers remain united.
The GOP passed this controversial law earlier this month amid substantial public protest. Critics, including Democrats and community advocates, have condemned the legislation as a “power grab” and objected to linking crucial election powers to disaster relief funding in the aftermath of Hurricane Helene.
Republican leaders, however, have defended the law, asserting that it operates within the legislature’s constitutional framework, pointing out historical Democratic actions to justify their current approach.
Responses from GOP leadership named in the lawsuit were not immediately available following the filing. Previous attempts by GOP lawmakers to alter the structure of the state elections board have been blocked in courts, including a recent case regarding board appointment authority that is currently being challenged. The new lawsuit from Cooper and Stein seeks to proceed in its place.
