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Cooper, Stein Sue GOP Leaders to Block Law Stripping Governor’s Power Over NC Elections Board

North Carolina Governor Roy Cooper and Governor-elect Josh Stein have filed a lawsuit against state Republican leaders, aiming to block part of a controversial new law that removes the governor’s power over the state elections board.

The Lawsuit Against Senate Bill 382

On Monday, Cooper and Stein took legal action to challenge Senate Bill 382, a sweeping piece of legislation that has sparked intense debate across North Carolina. The bill, which aims to shift power away from the executive offices held by Democrats, has been especially controversial due to its provisions affecting the state’s elections board. This lawsuit, filed by the Democratic leaders, is a direct response to the provision of the bill that transfers the authority to appoint members of the State Board of Elections from the governor’s office to the state auditor’s office.

Currently, North Carolina’s election oversight has been under the control of the governor’s office for nearly a century. However, SB 382 would give the Republican-controlled state auditor’s office the ability to manage the State Board of Elections. This could result in the board’s leadership being controlled by Republicans, a prospect that raises concerns about partisan influence over the state’s elections. If the law takes effect in May, as planned, control of the elections board could shift to Republican hands.

Governor Cooper criticized the move in a statement, calling it a direct assault on fair and secure elections. “We have had the same structure for our state board of elections for nearly a century, and it has served North Carolina well,” Cooper said. “These blatantly partisan efforts to give control over elections boards to a newly elected Republican will create distrust in our elections process and serve no legitimate purpose.”

North Carolina Legislative Building

A Continuous Power Struggle

This lawsuit is part of a broader ongoing struggle between Democratic leaders and the Republican-controlled state legislature. In recent years, there have been multiple attempts by Republican leaders to limit the governor’s authority, particularly when it comes to appointing members to key state offices. Senate Bill 382 is merely the latest effort in this broader trend, and it has provoked strong reactions from Democratic officials, who argue that the changes are an attempt to consolidate partisan control over the state’s election systems.

Josh Stein, who is set to succeed Cooper as governor, also spoke out against the law. “This latest move insults the voters who rejected their power grab, violates our constitution, and must not stand,” Stein said. His sentiments reflect a growing concern that these legislative maneuvers threaten the integrity and fairness of the state’s democratic processes.

In a statement issued by his office, Cooper expressed his strong belief that such partisan power shifts would undermine public trust in the electoral system. His previous attempts to block similar laws have met with some success, including a ruling from a three-judge panel in Wake County that struck down an earlier law aimed at stripping the governor’s appointment power. Republican leaders, however, appealed that decision, continuing the fight over the future of election oversight in the state.

Republicans Defend Their Position

Republican leaders, including House Speaker Tim Moore and Senate President Pro Tem Phil Berger, have staunchly defended SB 382. They argue that the changes proposed in the law are essential for improving state government efficiency and are within the legislature’s constitutional rights to enact. According to them, the bill represents a necessary series of reforms to streamline state functions and bring accountability to the management of elections.

While the Republican-controlled legislature continues to justify the law, it has also drawn criticism from election officials. Karen Brinson Bell, the executive director of the State Board of Elections, expressed concern over the lack of consultation with election staff during the drafting of the bill. She warned that the changes in election administration, including new rules for absentee ballot counting, could make it “impossible” for county election boards to conduct their work properly. Her comments underscore the deep concerns about the practical implications of the law on election integrity.

The Bigger Picture: A Divided State

The legal battle over Senate Bill 382 is a reflection of the broader political divide in North Carolina. The state has seen a contentious battle between its Republican-led legislature and its Democratic governor’s office for years, with both sides fiercely protecting their political turf. This conflict over the elections board is just the latest chapter in this ongoing saga.

As Cooper’s term draws to a close, and Stein prepares to take office, the outcome of this lawsuit will likely have lasting implications for the state’s political landscape. If the law is allowed to take effect, it could further solidify Republican control over the state’s election processes, potentially reshaping the way elections are managed for years to come.

The lawsuit also raises important questions about the role of state legislatures in overseeing elections, particularly in a time when trust in electoral systems is already fragile. Both sides of the political aisle are closely watching how the courts will rule, as the stakes are high not just for North Carolina, but for the future of electoral oversight nationwide.

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