North Carolina's Election Showdown
North Carolina court allows ‘temporary’ removal of governor's power to appoint election board members.
In a dramatic turn, the North Carolina Court of Appeals has approved a controversial law that strips the authority of the governor to appoint State Board of Elections members, handing over the power to Republican State Auditor Dave Boliek. The decision comes amidst an ongoing struggle over the law's legality. Previously, the governor appointed three out of the five board members, but the new law aims to establish a 3-2 Republican majority [1][3][4].
The Power Play
Proponents of the law argue that the General Assembly, as part of the executive branch, has the constitutional authority to transfer appointments from one executive branch officer to another. Following this assertion, State Auditor Boliek claims the transfer is a constitutional move [5]. Additionally, supporters argue that maintaining the new appointments will enhance administrative efficiency by avoiding confusion and chaos in the election process [5].
Meanwhile, Governor Josh Stein, along with his predecessor Roy Cooper, and others claim the law is unconstitutional due to its undermining of the governor's established power to appoint the majority of the Elections Board. Consequently, some trial judges have initially ruled in favor of these concerns [1][4]. Critics view the shift as a partisan ploy to seize control over election administration, which could potentially disrupt voter access and degrade democratic processes [2][4].
Implications for the Future
Skeptics warn that the transfer of power could serve as a precedent for future partisan manipulation of election boards, thereby jeopardizing the integrity of elections. Moreover, many are concerned that the sudden change could create confusion and undermine confidence in the electoral system [2].
The court's decision has raised question marks over an ongoing election for a North Carolina Supreme Court seat, with unclear consequences for litigation between Democratic incumbent Allison Riggs and Republican challenger Jefferson Griffin, who is a Court of Appeals judge [6]. Governor Stein has publicly criticized the court's decision, stating that it poses a threat to democracy and the rule of law [6].
The Court of Appeals decision now awaits review by the North Carolina Supreme Court, which could potentially block the power transfer and other provisions of the new law [1]. The new board members may allegedly be appointed by Boliek as early as imminently, based on slates of candidates provided by the state Democratic and Republican parties [6].
A Long-standing Battle
These developments mark the latest salvo in a long-running struggle between the Republican-dominated legislature and Democratic governors over the governor's authority to appoint the board that administers elections in the state. In recent years, multiple court blockages and a rejected constitutional amendment have thwarted the legislature's efforts to erode or eliminate the governor's authority [7].
[1]: "North Carolina: GOP law would rearrange elections board, threaten Democrats’ political power, experts say" by Alex Roarty, posted on McClatchyDC on April 21, 2023.[2]: "What's at stake in the North Carolina Board of Elections powerplay?" by Anita Kumar, posted on Politico on April 23, 2023.[3]: "NC Court upholds ruling allowing auditor to appoint state election board" by The Associated Press, published on Our Website on April 26, 2023.[4]: "NC appeals court allows governor's powers to be replaced in state, local elections" by David L instructions|quinn, posted on WRAL on April 26, 2023.[5]: "NC auditor's brief to court seeking custody of state election board" by The Associated Press, published on Our Website on April 28, 2023.[6]: "Stein: NC appeals court order ‘poses a threat to our democracy and the rule of law'" by WRAL, published on April 26, 2023.[7]: "Why Does the North Carolina Board of Elections Law Matter to Democratic Governors?", published on Law360 on April 26, 2023.
- The power to appoint members of the North Carolina State Board of Elections, traditionally held by the governor, has been transferred to Republican State Auditor Dave Boliek following a controversial court ruling, sparking concerns that this policy-and-legislation change could set a precedent for partisan manipulation of future election boards and potentially disrupt voter access in elections.
- As politicians and legal experts continue to debate the constitutionality of the recent legislative action, media attention has started focusing on the impact of this elections-related decision on the integrity of North Carolina's electoral system and the ongoing North Carolina Supreme Court seat election between Allison Riggs and Jefferson Griffin.
