North Carolina court decision prevents GOP from altering election boards
In a significant ruling, a bipartisan panel of judges in North Carolina has blocked the Republican-led state legislature's attempt to take over state and local election boards from Democratic Governor Roy Cooper. This decision holds particular importance in a state poised to be a crucial battleground in the upcoming presidential election.
A panel of judges in North Carolina, made up of both Republicans and Democrats, has declared that the state legislature, controlled by Republicans, improperly attempted to take over state and local election boards from Democratic Governor Roy Cooper. This decision is significant in a state that could play a crucial role in the upcoming presidential election in November.
The ruling puts a halt to a part of a controversial voting law that aimed to change the composition of these boards. As a result, the current setup, which currently favors the political party of the governor, will remain in place for now. For example, the State Board of Elections currently consists of three Democrats and two Republicans. This decision also impacts the 100 county boards responsible for overseeing elections in North Carolina.
Republican leaders in the North Carolina General Assembly have not yet stated if they plan to appeal the decision. The case could potentially be taken to North Carolina’s elected Supreme Court, which shifted to Republican control last year and has previously ruled in favor of the GOP in other significant cases.
In this particular ruling, a panel of three judges – consisting of two Republicans and one Democrat – unanimously supported Cooper's argument that a measure passed by state Republican lawmakers last year violates the governor's Constitutional responsibilities. This is because the election boards carry out duties that fall under the executive branch.
The judges pointed out that the recent actions of lawmakers represented a significant and clear-cut instance of taking away appointment power from the Governor, surpassing previous attempts during Cooper's time in office. This move was even more drastic than previous state Supreme Court rulings that had blocked Republican legislative attempts to limit the Governor's authority.
In the past, Republican efforts in the General Assembly to alter the composition of election boards have been turned down by both the courts and the voters, as evidenced by the outcome of a 2018 referendum.
Former President Donald Trump speaks at a campaign rally in Rome, Georgia, on March 9, 2024.
Former President Donald Trump speaks at a campaign rally in Rome, Georgia, on March 9, 2024.
Alyssa Pointer/Reuters
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A Biden-Trump rematch begins in Georgia with both candidates making visits to the state. Cooper, in a social media post on Tuesday, emphasized that the state elections board is committed to maintaining fairness. He called on Republican leaders to cease their attempts to create chaos before the November elections.
Lauren Horsch, a spokesperson for state Senator Phil Berger, the leading Republican in the North Carolina Senate, mentioned in an email that Governor Cooper is attempting to maintain one-party dominance over the administration of elections in the state.
She added, "It raises concerns why he is so strongly against establishing a bipartisan board of elections. What is he trying to hide?"
The three judges in this case had temporarily halted the implementation of this specific part of the law.
Voting rights groups were concerned that the alteration in the composition of the boards could result in significant deadlocks on crucial decisions, like certifying election outcomes. As per the law, the state board was set to shift from a five-member panel - where Democrats currently hold three seats - to an eight-member board, evenly split between Democrats and Republicans, all chosen by legislators. This change eliminated the governor's authority to make appointments.
Local boards would have also been evenly divided by party, with the majority party in the state legislature having the power to choose the chair if the board members could not agree on a leader quickly.
The change was advocated by Republican state lawmakers who believed it would promote bipartisan decision-making in election matters. Some lawmakers had criticized state election officials for allegedly making a biased agreement with Democratic parties to extend the absentee ballot counting deadline in the 2020 election.
State Sen. Paul Newton, a sponsor of the bill, mentioned during a committee meeting last year that the measure helps to "level the playing field." He explained that when there is a split board, the only way to make changes in election policy or administration is by collaborating.
North Carolina, where former President Donald Trump narrowly won in 2020, has been identified by President Joe Biden's advisers as a crucial part of his reelection strategy due to the state's rapidly changing demographics.
The state is also home to what is expected to be a highly competitive gubernatorial race this fall to succeed Cooper, who is term limited.
Editor's P/S:
The decision by North Carolina judges to block the Republican-led legislature's attempt to take over election boards is a significant victory for voting rights and democracy. The Republican effort to undermine the governor's authority and create partisan election boards was a clear attempt to rig the system in their favor. The judges' ruling sends a strong message that such efforts will not be tolerated.
It is especially concerning that the Republican effort to change the composition of election boards came in a state that is considered a swing state and could play a crucial role in the upcoming presidential election. The Republican effort to create partisan election boards is a clear attempt to suppress the Democratic vote and tip the scales in their favor. The judges' ruling is a victory for fair elections and will help ensure that all voters have their voices heard in the upcoming election.
