North Carolina Governor Roy Cooper contends that a recently passed state law, which limits his ability to appoint members to the state’s elections board, is unconstitutional. The law, House Bill 90, was enacted by the Republican-controlled General Assembly and was vetoed by Governor Cooper in 2021. However, the veto was overridden by lawmakers and the bill became law.
Under the new law, the governor is only allowed to appoint two members to the five-member State Board of Elections. The remaining three members would be chosen by the two major political parties. Governor Cooper argues that this arrangement undermines the principle of separation of powers and violates the state constitution’s provision that the executive branch has authority over election administration.
In a lawsuit filed in Wake County Superior Court, Governor Cooper and the North Carolina Democratic Party are challenging the law on constitutional grounds. They argue that the legislature’s attempt to control the state elections board infringes on the governor’s constitutional powers and interferes with the administration of free and fair elections.
The lawsuit seeks to have the law declared unconstitutional and restore the governor’s authority to appoint a majority of the State Board of Elections members. Governor Cooper asserts that such a change is necessary to ensure the board’s independence and effectiveness in overseeing state elections.
The case is expected to be closely watched as it unfolds in court, with implications not only for North Carolina’s elections board but also for the balance of power between the state’s branches of government. Governor Cooper’s challenge to the election board appointment law highlights the ongoing political battles in the state over voting rights and election administration.
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