North Carolina Republican legislative leaders are appealing a recent decision by judges that found the GOP’s changes to how elections board members are chosen violate the state constitution by taking power from the governor.
The appeal was filed by attorneys for Senate leader Phil Berger and House Speaker Tim Moore to the state Court of Appeals shortly after three Superior Court judges unanimously ruled in favor of Democratic Governor Roy Cooper.
The judges ruled in favor of Cooper’s argument that a 2023 state law approved by the legislature, which shifted appointment powers from the governor to the General Assembly, interfered with his ability to ensure election and voting laws are “faithfully executed.”
The judges permanently blocked portions of the law, maintaining the current size and appointment rules for the State Board of Elections and elections boards in all 100 counties. This gives the governor a significant role in appointment decision-making.
Cooper’s lawyers and the judges cited previous state Supreme Court decisions that addressed appointment powers and the governor’s control over boards and commissions.
The case could reach the state Supreme Court, where five current justices are registered Republicans. However, the outcome of the lawsuit could impact who oversees elections in time for the fall’s general elections.
House Speaker Tim Moore intends to argue that the Supreme Court should overturn what he considers to be bad precedent. Democrats have praised the trial judge’s decision, calling the GOP’s actions “anti-democratic.”
This appeal follows a recent mixed ruling in a different Cooper lawsuit challenging the composition of seven boards and commissions enacted by the General Assembly, indicating ongoing legal battles over the balance of power in North Carolina.
