Lawsuit Argues Transfer of State Board of Elections Appointments to State Auditor Clearly Violates Separation of Powers Established in North Carolina Constitution

RALEIGH - On December 23, 2024, Governor Roy Cooper and Governor-elect Josh Stein sued Republican legislative leaders, arguing their recent changes to the State Board of Elections and county boards of elections clearly violate the separation of powers established in the North Carolina Constitution.

“We have had the same structure for our state board of elections for nearly a century and it has served North Carolina well, with fair and secure elections across our state through every cycle,” said Governor Cooper. “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.”

“In recent years, these legislative leaders have repeatedly tried and failed to seize control of the State Board of Elections for their own partisan gain,” said Governor-elect Josh Stein. “This latest move insults the voters who rejected their power grab, violates our constitution, and must not stand”

The changes were a part of Senate Bill 382, which was enacted along straight party lines in December over Governor Cooper’s veto. The challenged provisions would transfer all appointments to the State Board of Elections away from the Governor to the Republican State Auditor who was just elected. The bill would also transfer the power to appoint the chair of each county board of elections from the Governor to the State Auditor.

These changes in Senate Bill 382 are the latest attempt in an eight-year effort by Republican legislators to take election administration away from the Governor. Prior efforts have been rejected repeatedly by the courts and, in 2018, directly by North Carolina voters. The lawsuit explains that the challenged partisan legislation “will undermine confidence in elections, and it contravenes the democratic principles on which our state government rests.”

Read the motion here.