NC court says moving election board appointments under state auditor can proceed for now
Source: CBS News
RALEIGH, N.C. (WTVD) -- A North Carolina appeals court ruled Wednesday that a law stripping the governor's authority to appoint State Board of Elections members can take effect for now, overruling trial judges who struck it down as unconstitutional just last week.
Three judges on the intermediate-level Court of Appeals unanimously granted the request of Republican legislative leaders to suspend enforcement of that ruling. If left intact, the decision means provisions otherwise set to take effect Thursday would shift the appointment duties from new Democratic Gov. Josh Stein to GOP State Auditor Dave Boliek, at least temporarily.
"The Court of Appeals rightly affirmed what we all know: the Governor is not the sole elected executive officer in North Carolina's government," Senate Leader Phil Berger, R-Rockingham, said. "Despite that, Gov. Stein is desperately grasping to keep a partisan stranglehold on the Board of Elections, instead of working to make commonsense changes to improve election administration."
Barring a contrary ruling by the state Supreme Court, the decision means Boliek could imminently appoint the board's five members from slates of candidates provided by the state Democratic and Republican parties. Stein's attorneys asked the Supreme Court late Wednesday to temporarily halt the Court of Appeals decision.
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Read more: https://abc11.com/post/nc-election-boards-court-says-moving-board-appointments-state-auditor-can-proceed-now/16289514/
Date, Time of report:
Wednesday, April 30, 2025 9:28PM
A big loss for voters everywhere.


dweller
(26,498 posts)with NC supremes , yes ?
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littlemissmartypants
(27,413 posts)So, it will be a legal fight for reversal if he proceeds because it violates the NC Constitution. It's not going to be anything but messy. More dirty politics by Republicans.
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dweller
(26,498 posts)On the decision
so well see
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littlemissmartypants
(27,413 posts)dweller
(26,498 posts)When Cooper was Gov
it failed .
For over 100 years the governor has appointed the election board members . After the Pisswig started the bs stolen election furor the repugs have tried again .
North Carolina judges block elections board changes pushed by Republicans that weaken governor
WUNC | By Associated Press
Published March 12, 2024 at 11:40 AM EDT
North Carolinas GOP-controlled legislature unlawfully tried to seize from the governor the power to choose election board members in the battleground state, trial judges ruled while saying portions of a new election law must be permanently blocked.
The three-judge panel sided unanimously with Democratic Gov. Roy Cooper in his lawsuit filed days after the GOP-controlled General Assembly overrode Cooper's veto of the measure in October. The changes, which had been set to take effect in January, would have shifted board appointment powers away from the governor and to the legislature.
The judges agreed with Cooper's lawyers, who said that, based on recent court rulings and the state constitution, the new appointments process interferes with a governor's ability to ensure elections and voting laws are faithfully executed."
It's clear the law infringes upon the Governors constitutional duties and actions by the GOP legislative leaders are the most stark and blatant removal of appointment power from the Governor, since state Supreme Court rulings in 2016 and 2018 that favored the states chief executive, Superior Court Judges Edwin Wilson, Andrew Womble and Lori Hamilton wrote in the order filed Monday. Hamilton and Womble are both registered Republicans, while Wilson is a Democrat.
more at
https://www.wunc.org/politics/2024-03-12/north-carolina-elections-board-republicans-governor-cooper?_amp=true
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Gingermolly
(13 posts)of a bigger constitutional crisis than that facing the country, if such a thing were possible, and apparently it is.