NC Court Blocks Republican Effort to Take Over State Election Board

A three-judge panel declared unconstitutional an attempt by the Republican-dominated General Assembly to shift the power to appoint the state election board from the Governor, currently a Democrat, to the state Auditor, currently a Republican.

Traditionally, the governor appoints all five board members, three of whom are from the governor’s political party.

The case was brought by Governor Josh Stein and his predecessor Roy Cooper after the General Assembly’s action in December. GOP state Auditor Dave Boliek was due to gain the power to appoint the election board as of 1 May 2025 without the court’s ruling.

The position of state Auditor is primarily responsible for uncovering waste and fraud in state government, not wielding executive power.

Superior Court Judges Edwin Wilson and Lori Hamilton ruled against the General Assembly’s attempted power move, saying it would “interfere with the Governor’s constitutional duties.”

Since late 2016, Republicans have tried to use the General Assembly where they hold a majority to chip away at the Governor’s power. In 2018, voters rejected an attempt to amend the state constitution to make the governor choose election board members from recommendations by the legislature. Four laws before the one just stricken down have tried to claim power over the election board for Republicans and have been blocked by courts. The importance of the board is evident in a legal tussle still underway over the November 2024 election result for a contested seat on the state Supreme Court.

The court’s ruling also struck down modifications to the way 100 county elections boards are established, which would have taken effect in June and would have resulted in more Republican control over the boards.

The ruling is certain to be appealed.

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