- Top Republicans in the NCGA have vowed to appeal a court's Wednesday decision
- The court blocked a controversial election-related provision included in a 2024 Hurricane Helene relief bill that would shift the authority to appoint State Board of Elections members from the Democratic governor to the Republican state auditor.
Top Republicans in the North Carolina General Assembly have vowed to appeal a court’s Wednesday decision to block a provision included in a 2024 Hurricane Helene relief bill that would repeal the North Carolina governor’s authority over state elections.
House Speaker Destin Hall, R-Caldwell, and Senate Leader Phil Berger, R-Rockingham, denounced the 2-1 court ruling that blocks the General Assembly’s law from taking effect. Both leaders said they are taking immediate action to challenge the decision.
Amid urgent calls for disaster relief late last year, Republicans fast-tracked a bill delivering $227 million to western North Carolina. However, Republicans also used the moment to shift key state powers, including control of how members of the State Board of Elections are appointed. The legislation changed the appointment power from the governor — currently of the opposite party — to the state auditor, with the incoming state auditor Dave Boliek being a Republican.
Ultimately, former Gov. Roy Cooper vetoed the bill, but it was still enacted into law with Republicans’ supermajority power in both the House and Senate.
SEE ALSO: Three-judge panel rules for Gov. Stein in legal battle over elections board appointments
Since December, a legal battle has ensued over the constitutionality of the provision, with Gov. Josh Stein leading a suit against General Assembly leaders. In siding with Democrats, the court said Senate Bill 382 violates the state Constitution by interfering with the governor’s duties as outlined in Article III, Section 5(4) of the North Carolina Constitution.
Legislative leaders have responded by calling the ruling a mistake that will result in an immediate appeal. Berger explained that the General Assembly’s reform of the Board of Elections was needed because it “functioned in a highly partisan manner during the Cooper administration, with handpicked partisan Democrats running elections and rewriting rules.” He added that there’s no indication the partisan nature will change under the Stein administration.
“Two lower court judges just erroneously pronounced nine duly elected, statewide members of the executive branch nothing more than honorary figureheads,” Berger said in a statement. “We are taking immediate steps to rectify this constitutionally corrosive and misguided ruling.”
On the House side, Speaker Destin Hall, R-Caldwell, said they are confident the legislation will be upheld once it goes through the appeal process.
“The current partisan Democrat-controlled NC State Board of Elections has conducted our state’s elections much like in a banana republic, making up the rules as it goes along while ignoring the clear mandate of the law,” Hall said. “We will appeal and we are confident Senate Bill 382 will ultimately be upheld, resulting in a board that will finally follow the law as it is written and not based on left-wing fantasies.”
We will appeal and we are confident Senate Bill 382 will ultimately be upheld, resulting in a board that will finally follow the law as it is written and not based on left wing fantasies.
— Speaker Destin Hall (@ncspeakerhall) April 24, 2025
The shift would ultimately empower State Auditor Boliek, who said he remains prepared to perform the duties associated with controlling the NCSBE.
“My office remains ready, willing, and able to take on the duties and responsibilities of overseeing board of elections appointments and budget administration,” said Boliek. “I stand by my arguments and will promptly be appealing this ruling.”
Additional comments on the ruling came in later.
In an exclusive statement to Carolina Journal Thursday afternoon, North Carolina Labor Commissioner Luke Farley said the ruling would set a dangerous precedent for Council of State members, including himself.
“This ruling undermines the independence of every Council of State office,” Farley said. “It says the Governor alone controls the executive branch, ignoring the fact that the Labor Commissioner, the Auditor, and others are elected independently, and have executive constitutional duties. As a member of the Council of State, I will continue to defend the constitutional role of North Carolina’s elected executive officers and stand against this unprecedented consolidation of power.”
In his previous statement, he added that the design of the state’s constitution is to prevent tyranny, with executive authority being shared among Council of State members rather than concentrated in the hands of one individual.
Stein posted a statement on X which said in part, “The North Carolina Constitution puts the Governor in charge of executing the law. That’s what the voters elected me to do, so that’s what I’ll do.”
🚨🚨 BREAKING: An NC three judge panel just affirmed the Governor’s longstanding power to make appointments to the State Board of Elections, declaring the legislature’s power grab unconstitutional.
— Governor Josh Stein (@NC_Governor) April 23, 2025
The North Carolina Constitution puts the Governor in charge of executing the…