Court grants temporary move to remove governor's power over election board appointments in North Carolina
Here's the revised version:
Title: North Carolina Court Allows Republican-Dominated Elections Board Appointments to Proceed, Temporarily
RALEIGH, N.C. - In a shocking twist, a North Carolina appeals court granted the request of Republican legislative leaders to temporarily suspend the enforcement of a ruling that declared a law stripping the governor's authority to appoint State Board of Elections members unconstitutional. This move enables Republican State Auditor Dave Boliek to take control of appointing the five board members, replacing the Democratic appointees, at least for the time being.
The decision, made by three unidentified judges on the intermediate-level Court of Appeals, set off a domino effect of legal battles between the parties. The Court of Appeals' decision goes against a recent ruling by trial judges who stood by Democratic Gov. Josh Stein's stance that the law interfered with his responsibility to ensure that laws were "faithfully executed" as outlined in the state constitution.
However, Republican lawmakers vehemently disagree, claiming that the constitution allows them to disperse executive powers to multiple statewide-elected officials, including the auditor. They argue that a governor holds too much control over elections, leading to one-party decision-making and a lack of voter confidence.
The board's duties include carrying out campaign finance laws, certifying election results, and setting rules on numerous voting administration details. The board's importance was underscored in the still-unresolved election for a state Supreme Court seat. It remains unclear how this power shift will affect pending litigation in the race between Democratic incumbent Allison Riggs and Republican challenger Jefferson Griffin, a Court of Appeals judge.
Stein criticized the Court of Appeals decision, stating on the social platform X that the order "poses a threat to our democracy and the rule of law. The Supreme Court should not allow it to stand."
Previous attempts to undermine a governor's power to appoint the State Board of Elections members have been blocked by courts. In 2018, voters also rejected a constitutional amendment that would have required the governor to pick members recommended by legislative leaders.
The legislature has been seeking to weaken or eliminate the governor's authority over the elections board since late 2016. The latest move by the Court of Appeals has effectively solidified a Republican majority on the board, as Boliek made the appointments on May 1.
The North Carolina Supreme Court is closely monitoring the situation, with Stein's lawyers asking the court to temporarily halt the Court of Appeals decision. The final judgement on the constitutional questions is still pending, making this a complex and ongoing legal battle.
Enrichment Data:- Initial Ruling: Trial judges initially ruled that the law shifting the power to appoint State Board of Elections members from the governor to the state auditor was unconstitutional.- Court of Appeals Decision: The North Carolina Court of Appeals temporarily allowed the law to be enforced while broader legal questions were under review on appeal, enabling Republican State Auditor Dave Boliek to make appointments to the board.- North Carolina Supreme Court Ruling: The North Carolina Supreme Court confirmed that the law could be enforced even as its constitutionality was being deliberated, allowing the appointments made by Auditor Boliek to stand.- Current Board Composition: The State Board of Elections now has a Republican majority, established when Boliek made the appointments on May 1.- Ongoing Legal Process: The case is not fully resolved, as the constitutional questions remain to be decided by the Court of Appeals. Any decision from the Court of Appeals could potentially be appealed back to the North Carolina Supreme Court.
- The Court of Appeals decision allows Republican State Auditor Dave Boliek to temporarily appoint members to the State Board of Elections, which reverses the initial ruling that a law shifting the power from the governor to the state auditor was unconstitutional.
- The North Carolina Supreme Court's confirmation of the Court of Appeals decision has solidified a Republican majority on the State Board of Elections, with the newly appointed members taking charge of duties such as campaign finance laws, certifying election results, and setting voting administration rules.
