In a repetitive cycle of legal battles, the Wake County Superior Court judges heard arguments over a contested law that aims to shift election appointment power from Democratic Gov. Josh Stein to Republican State Auditor Dave Boliek. This ongoing fight has seen numerous attempts by the Republican-controlled legislature to change the appointment power, with the latest move being to give the power to the state auditor. The court must determine if this shift in power is constitutional, as it challenges the traditional separation of powers between the executive and legislative branches.
Attorney Jim Phillips Jr., representing Governor Stein, argued that the state constitution clearly designates executive power to the governor, while legislative attorney Matthew Tilley argued that the legislature has the implied permission to shift appointment powers. The judges are now tasked with reconciling these arguments and making a decision on the constitutionality of the contested law.
The appointment of election board members is a crucial issue at stake, as it determines the balance of power between political parties on the boards. The court’s ruling will have implications not only for the upcoming election cycle but also for the interpretation of the state constitution regarding the distribution of powers among different branches of government. As the legal battle continues, the hearing underscored the political motivations behind the law and the complexities of the separation of powers in North Carolina’s government.
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