North Carolina Court of Appeals to Review Controversial Elections Board Law
Lawyers for Governor Roy Cooper and Attorney General Josh Stein are urging the North Carolina Court of Appeals to uphold a trial court ruling that blocks proposed changes to the State Board of Elections, amid a legal battle against Republican legislative leaders. The case, titled Cooper v. Berger, stems from a controversial 2023 law that aimed to replace the existing five-member board, which has a Democratic majority, with an eight-member board split evenly between the two parties.
Stein, who is running to succeed Cooper in next week’s election, filed briefs on behalf of the state, contending that the law undermines the governor’s executive powers and the constitutional separation of powers. According to Cooper’s legal team, the law, known as Senate Bill 749, effectively shifts appointment authority from the governor to legislative leaders, preventing the governor from fulfilling his constitutional duty to execute election laws.
A unanimous three-judge panel ruled in favor of Cooper in March, maintaining the current board’s structure. The judges criticized the law as a "stark and blatant removal of appointment powers" from the governor. They highlighted that the legislation infringes upon the executive functions of the governor’s office by removing all appointment powers for both the State and County Boards of Elections.
Legislative lawyers representing Senate Leader Phil Berger and House Speaker Tim Moore argue that the trial court erred and assert that the law is a lawful exercise of legislative authority. They are appealing the ruling, stating that the previous judicial decisions should not apply to this case.
The appeals court’s forthcoming decision could have significant implications for the balance of power in North Carolina’s election administration.
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