Court Rules Governor Keeps Control Over NC Elections Board, Strikes Down New Law

Raleigh --  Who gets to appoint the people overseeing North Carolina's elections? A state court panel answered that question this week, ruling that the power remains with the Governor, not the State Auditor, striking down a controversial law passed late last year.   

You might remember hearing about Senate Bill 382. Passed by the Republican-led General Assembly, this law aimed to change who appoints the members of the State Board of Elections – the crucial body that administers our state's elections, enforces campaign finance rules, and handles election results. The law also shifted appointment power for the leaders of all 100 county election boards.

Instead of the Governor making these appointments (as has been the tradition for decades, usually resulting in a board majority from the Governor's party), SB 382 gave that authority to the State Auditor, currently Republican Dave Boliek. This change was set to happen May 1st.   

However, Governor Josh Stein, a Democrat, challenged the law in court. His argument was simple: the State Constitution gives the Governor the core responsibility to make sure laws are faithfully carried out, and taking away control over the elections board interfered with that duty. He argued it violated the separation of powers between the legislative branch (General Assembly) and the executive branch (Governor).   

On Wednesday, a special bipartisan three-judge panel in Wake County agreed with Governor Stein in a 2-1 decision. The judges in the majority (one Democrat, one Republican) stated that previous court rulings and the state constitution require the Governor to have "sufficient control" over boards like the State Board of Elections to fulfill their constitutional duties. They found that completely removing the Governor's appointment power and giving it to the Auditor went too far.   

The dissenting judge believed the legislature did have the constitutional authority to assign those duties to the Auditor.

This isn't the first time the Governor and the legislature have clashed over control of the elections board. Similar efforts by lawmakers have been blocked by courts before, and North Carolina voters rejected a related constitutional amendment back in 2018.

What does this mean for North Carolina voters? For now, the structure remains the same. Governor Stein will continue to appoint the members of the State Board of Elections and the chairs of county boards. The law passed by the legislature is blocked.   

Those who supported the change, including the State Auditor's office, have indicated they may appeal the court's decision. WNCTimes will continue to follow this story as it develops.

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