(The Center Square) – Election board appointments will remain with the state auditor in North Carolina, the state Court of Appeals says.
Previously, it was with the governor’s office for more than a century. The ruling of the three-judge panel from within the 15-member body was 2-1, with Justices April Wood and Valerie Zachary in majority and Justice John Arrowood in dissent.
The journey to the decision on merits of the case began with outgoing second-term Democratic Gov. Roy Cooper suing General Assembly leaders – Sen. Phil Berger, R-Rockingham, and House Speaker Destin Hall, R-Caldwell – before the close of the 2024 legislative session.
Incoming first-term Republican state Auditor Dave Boliek was also named a defendant.
Cooper won in Wake County Superior Court, a decision reversed earlier this year by the Court of Appeals without ruling on the merits.
The appellate court’s ruling Wednesday is based on the state constitution, its separation of powers clause, and the executive branch – meaning all 10 elected offices of the Council of State – retaining the power of appointment.
First-term Democratic Gov. Josh Stein’s name moved onto the complaint when Cooper exited office. Like Cooper the state’s former attorney general, he’s said he will appeal.
"Today's ruling affirms the constitutional independence of the State Auditor's Office,” Boliek said in a statement. “As part of the executive branch of North Carolina, we will continue to uphold the election duties prescribed to our office. Our goal remains to ensure elections in North Carolina are run impartially, effectively, and securely, and that all eligible voters have access to the voting booth. I have confidence in the State Board of Elections and our local boards of elections."
Justices, in their 51-page explanation, said the job of the courts is not political decisions. Thus, any future Legislature has the ability to change which executive branch official has appointment power for the State Board of Elections – even if changing for political reasons.
During Cooper’s eight years as governor, the General Assembly was thwarted from removing the governor’s appointment power to the board. In 2018, a proposed constitutional amendment for a bipartisan board of ethics and elections was soundly defeated by more than 3.5 million voters 61.6%-38.4% on the same ballot voters approved 55.5%-44.5% a constitutional amendment requiring photo identification to vote.
Cooper fought the latter, too, eventually falling and the act going into place for 2023 municipal elections. That was also a long litigation journey, dating to August 2013 when then-Gov. Pat McCrory signed a voter ID bill passed by the Legislature.
For context, both major parties have at times accused the other of unfair treatment when it comes to the state and county boards of elections. The state is in the second decade of voter registrations fleeing each.
The total registrations in the nation’s ninth largest state (11.2 million) stands at 7,846,356, of which, 40.1% are unaffiliated (3,145,417), 3,328,930 are Republicans (29.7%), and 2,320,605 are Democrats (29.6%). There are 46,554 in the Libertarian Party, 4,850 in the Green Party.
Content Original Link:
https://www.thecentersquare.com/north_carolina/article_d5616792-5a1f-4f3e-b2e5-629dbd304701.html?a