North Carolina GOP bill would weaken next Democratic governor and attorney general

RALEIGH, N.C. -- North Carolina Republicans advanced extensive legislation Tuesday that would weaken the powers of the incoming governor, attorney general and schools superintendent — all Democrats who were elected two weeks ago — and shift election board appointments to the GOP state auditor.

The final 131-page measure, which also includes setting aside additional funds for Hurricane Helene relief, became public roughly an hour before the GOP-controlled House met to debate it during a lame-duck General Assembly session this week. The House voted largely along party lines Tuesday night for the measure, which the Republican-controlled Senate was expected to take up on Wednesday.

With Republicans likely to lose their veto-proof majority in the next two-year session following electoral losses in the House, this week could be the last best chance for them to enact legislation containing sharp partisan changes. Democratic Gov. Roy Cooper leaves office at year's end and will be succeeded by Democrat Josh Stein.

Currently the State Board of Elections' five members are appointed by the governor based on recommendations by the Democratic and Republican parties. The governor's party always holds three of the seats. Republican legislators have tried for years to wrest away those appointment powers but have been thwarted by courts. Judges have blocked for now a 2023 law that would move board appointment authority from the governor to the General Assembly.

Even with litigation pending, Tuesday's measure would move the independent state board to the State Auditor's Office starting next summer. At that time the new auditor — Republican Dave Boliek, who was elected this month — would make appointments. These changes likely would mean Republican control of the board.

In a likely response to complaints about slow vote-counting this month, the bill also would require in 2025 that county election boards count all provisional ballots by three days after Election Day.

Some counties did not complete this year's provisional ballot count until days after last Friday's canvassing date. The measure also would move up the deadline by which some people who lack a photo identification card while voting must show they have one for their ballot to count.

GOP Rep. Grey Mills, a House elections committee chairman, said the state auditor is the best place to house the elections board, given that the post is known for conducting investigations and reviews. And the election counting changes will create more efficiency.

“Our voters expect us to be able to provide the election results in a timely fashion,” Mills said. “I truly believe that this language will do this.”

State Board of Elections Executive Director Karen Brinson Bell said that board staff were not consulted about the legislation and it “may make it impossible for the county boards of elections to adequately ensure every eligible ballot cast is counted, especially in high turnout elections.”

Tuesday’s bill contains additional Helene-related provisions and locates an additional $227 million from the state’s reserves but orders the money to remain unspent for now. It does give $50 million more to help Cooper’s administration address a shortfall to complete housing projects still left over from Hurricane Matthew in 2016 and Hurricane Florence in 2018.

State lawmakers previously set aside over $900 million toward Helene relief and recovery in two measures approved this fall and signed by Cooper. Cooper has asked for legislators to provide much more, and quickly.

Democrats from western North Carolina said Republicans were more interested in power grabs than helping businesses and residents damaged by Helene. Republicans used a procedure by which Democrats could not offer amendments.

“This bill makes it pretty clear that the body is prioritizing political priorities over the very real need for rapid assistance in the western part of our state,” Buncombe County Rep. Eric Ager said. Three Republicans from the west ended up voting no on the bill — a development that could scuttle a potential Cooper override.

Rep. Donny Lambeth, a Forsyth County Republican who only handled the spending provisions, said lawmakers are receiving Helene spending requests daily.

“There’s a lot of work still that needs to be done ... and still, quite frankly, a lot of money that’s going to have to be spent,” Lambeth said.

The legislation also would immediately weaken the governor's authority to fill vacancies on the state Court of Appeals and Supreme Court by limiting choices to three candidates offered by the political party of the outgoing justice or judge.

Stein, who is currently attorney general, is being succeeded by fellow Democrat Jeff Jackson. The bill would limit the attorney general in part by barring him in litigation that challenges a law's validity from taking legal positions contrary to the General Assembly. Stein has recently declined to defend in court portions of laws that restrict surgical abortions and abortion pills.

“Instead of stepping up, the Republicans in the General Assembly are grabbing power and exacting political retribution,” Stein said Tuesday on the social platform X.

And the bill also will prevent the superintendent of public instruction — a post that is switching party control in January, to Democrat Mo Green — would now be barred from appealing decisions by a state board that reviews charter school applications.

The Republican attempt to erode Democrats' powers recalls similar measures passed in late 2016 that were designed to weaken Cooper, who was about to succeed Republican Gov. Pat McCrory. Those bills led to loud demonstrations in the Legislative Building and dozens of arrests.

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The story corrects the attribution of a quote to State Board of Elections Executive Director Karen Brinson Bell, not to a board spokesperson.