Stein and Cooper go to court to challenge GOP shift of elections power to NC auditor

The incoming Gov. Josh Stein and Gov. Roy Cooper expanded a lawsuit against a wide-ranging new law that was passed earlier this month by the GOP-led Legislature, which strips power from newly elected Democratic officials. Cooper and Stein filed a separate suit earlier this month against the Senate Bill 382, a wide-ranging law. That case was focused on the change that made the State Highway Patrol an independent department, taking it out of the N.C. Department of Public Safety.

Cooper and Stein have added to a lawsuit that was filed in Wake County Superior Court on Monday. The lawsuit targets the section of SB 382 which transfers the Governor’s power of appointment to members of the State Board of Elections, as well the part of SB382 that shifts from the Governor to the Auditor the power of appointing the chair of every county board of election. The lawsuit that Cooper and Stein added to was initially filed by Democrats, and focused on Senate Bill 759. This bill would have restructured state and local elections boards. However, it was prevented from becoming law. In the case, defendants are Republican House Speaker Tim Moore (who is leaving office) and Republican Senate Leader Phil Berger. Democrats want to amend their lawsuit in light of the recent passage of SB382, which includes important changes to the election boards. Dave Boliek is the new auditor, a Republican who was elected by voters to replace Jessica Holmes. Cooper stated in a press release that “these blatantly political efforts to give control of elections boards to a recently elected Republican will cause distrust in our election process and serve no legitmate purpose.” Stein said, “These legislative leaders have repeatedly attempted and failed to seize the State Board of Elections control for their own political gain in recent years.” The State Board of Elections currently consists of two Republicans and three Democrats. The new law will likely result in the board having a Republican majority, for the first eight-year period. “This blatantly political restructuring of the State Board — again — is unconstitutional. This will undermine the confidence in elections and is against democratic principles that our State Government rests on. The lawsuit states that it “cannot stand”. SB 382 transfers $227 million into a Hurricane Helene Relief Fund, but it does not allocate the money. It also prevents incoming Attorney General Jeff Jackson (a Democrat) from taking a position in court that is contrary to that taken by the General Assembly, or that could result in a state statute being overturned. The bill was passed over Cooper’s objections on a partisan vote. Democrats were against the bill and Republicans in favor.