GOP law to strip NC Governor of election board powers blocked by judges: 'Unconstitutional'
RALEIGH, N.C. (WTVD) -- In a win for North Carolina Governor Josh Stein and Democrats, a panel of judges struck down a GOP plan to take control of the state's election boards. NC GOP lawmakers want to transfer it to the Republican state auditor.
According to ABC11 News' partner, the Raleigh News and Observer, a Judges panel decided on Wednesday in a 2-1 ruling. A Republican and Democratic judge in Wake County Superior Court agreed with Stein that the power shift, which was passed in the final days of the GOP's veto-proof supermajority, violated the state constitution, the newspaper reports. The third judge, a Republican, dissented.
"The Constitution prevents the legislature from unreasonably disturbing the vesting of 'the executive power' in the governor or the governor's obligation to take care that the laws are faithfully executed," the majority opinion, authored by Judges Edwin Wilson and Lori Hamilton, says.
The latest law would have given the responsibility to new GOP state Auditor Dave Boliek starting May 1, with the expectation that Republicans would assume a majority on the board, the Associated Press is reporting.
Superior Court Judges Edwin Wilson and Lori Hamilton said in their affirmation of Stein's case that the law would "interfere with the Governor's constitutional duties." Other elected executive members are meant to assist the governor in executing state law, but the governor "bears the ultimate duty of faithful execution," they wrote.
The power moves were part of Senate Bill 382, which is also the Hurricane Helene Relief bill.
The court's decision will likely be appealed to the state's Republican-dominated appellate courts.
The Associated Press contributed to this report
