NC Senate passes Helene relief bill that also weakens AG, governor

RALEIGH, N.C. (WTVD) -- North Carolina Republican legislators gave final approval Wednesday to a series of political power moves that approve more funding for Hurricane Helene relief and also would weaken the incoming governor and other Democratic elected officials in the state.

They're contained in a massive bill -- SB 382 -- sprinkled with a new round of disaster relief provisions and rushed through a lame-duck General Assembly session.

The Senate voted along party lines for the 131-page measure, which would alter yet again how the State Board of Elections is appointed, likely leading to a GOP majority on a panel now controlled by Democrats. It also would move up in 2025 several post-election deadlines after Republican complaints that counties took too long this month to count provisional and absentee ballots, especially in light of an extremely close Supreme Court race.

The House approved the same measure Tuesday night, so the bill goes next to the desk of outgoing Democratic Gov. Roy Cooper, who has blasted the effort as "massive power grabs." Other Democrats called provisions unconstitutional. Any veto override attempt would happen early next month.

During a news conference Wednesday morning before the Senate vote, Rep. Eric Ager, a Democrat who represents Buncombe County, called on lawmakers to take additional financial support.

"We have a rainy day fund in North Carolina for a reason, and we certainly had a rainy day in western North Carolina," Ager said. "It's time to spend that money and get it into the hands of the community, to bring that community back up to what it once was. It's going to be a long, hard road, but speed matters. And getting that money out quickly is really important to the recovery."

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Hours later, Sen. Julie Mayfield, a fellow Democrat who also represents Buncombe, echoed similar concerns during debate of the bill.

"I don't know what else I can say to impress upon you to the degree that which we will lose businesses and workers due to our failure to act robustly and quickly to meet those needs," said Mayfield.

Sen. Ralph Hise, a Republican who serves as Senate Deputy President Pro Tempore, called on the federal government to take action.

"There's only one entity that can cover a $50 billion bill and that is the US Congress, and I am asking them to do so. And I'm asking them to do it here," Hise said, referring to the estimated $53 billion in damages. "They've made a lot of priorities for foreign entities, they've made a lot of priorities about immigration and others. I'm asking them to make it a priority to rebuild the state of North Carolina."

Cooper leaves office at year's end and will be succeeded by fellow Democrat Josh Stein, whose veto likely will be able to block Republican measures if Democratic legislators remain united. So this may be the last time for a while for Republicans to force through such partisan changes.

State lawmakers meeting twice this fall already approved with near unanimous support legislation setting aside over $900 million toward Helene relief and recovery. Cooper has asked for much more - at least $3.9 billion - and quickly. While this week's bill locates an additional $252 million from state reserves, nearly all of it can't be spent right now.

"Power would have been lifting up the people of western North Carolina so they can rebuild," Sen. Lisa Grafstein of Wake County said Wednesday. "This bill is a weak and sorry display. It shows an inability to manage not just this moment - it shows an inability to manage the emotional discipline to accept basic democratic balance."

Shift Of Power

The bill marks yet another effort by Republicans to wrest State Board of Elections appointments from the governor, whose party always holds three of the five seats. Other measures have been blocked by courts, including a 2023 law that would move board appointment authority from the governor to the General Assembly.

Under the bill that authority would go to the office of the state auditor - that will be Republican Dave Boliek, who was elected this month - starting next summer. The changes likely would mean Republican board control in the near future and filter down to county election boards, too.

Republicans said the changes will lead to more efficiency and the quicker release of vote counts.

"The purpose of these changes is to ensure a timelier resolution of election outcomes than we have continuing to drag on for two weeks like we've seen in the most recent election," Hise said.

The measure's impact on elections processes drew sharp rebukes from Democratic lawmakers, with Sen. Mary Wills Bode, a Democrat who represents Granville and Wake counties, questioning how officials would be able to address the shortened timeline to count provisional ballots.

"County officials are expected to complete the same, painstaking work in just three days instead of 10. That's an enormous task in an unreasonably short amount of time," said Bode.

Following the vote, Senate President Phil Berger, R-Rockingam, said he was open to exploring the counting of ballots earlier, as he shared other measures to address staffing limitations.

"We will need to look in the budgeting process next year whether or not staffing issues need to be addressed," Berger said.

Wednesday's Senate session drew a large audience, who sat in the gallery and cheered during and following speeches delivered by Democrats in opposition to the veto override of HB 10 and SB 382. Following an earlier warning to refrain from doing so, members in the gallery cheered as Sen. Lisa Grafstein, a Democrat who represents Wake County, debated SB 382. In response, Lt. Gov. Mark Robinson ordered the gallery to be cleared of "immature people" and called for a brief recess. Debate on the bill resumed shortly after.

In a statement, Karen Brinson Bell, Executive Director of the North Carolina State Board of Elections wrote:

"State Board staff were not consulted about this significant piece of legislation that transfers the authority of the State Board of Elections and makes substantial administrative changes that may make it impossible for the county boards of elections to adequately ensure every eligible ballot cast is counted, especially in high turnout elections."

No other state has such a structure where the state auditor has election responsibilities, said David Becker, a former U.S. Justice Department lawyer who runs the Center for Election Innovation & Research. He called the proposal "deeply troubling."

"This is a radical change to the structure of election boards and changes to procedures that will affect voters," Becker said in an interview. "It will almost certainly result in valid ballots being thrown out and create huge burdens on election officials."

Constraints On Governor, AG

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

Stein, who is currently attorney general, will be succeeded by fellow Democratic U.S. Rep. Jeff Jackson. The bill would limit the attorney general by barring him from taking legal positions contrary to the General Assembly in litigation challenging a law's validity. Stein recently declined to defend parts of laws that restrict surgical abortions and abortion pills.

The bill also would prevent the superintendent of public instruction - a post to be held by Democrat Mo Green - from appealing decisions by a state board that reviews charter school applications.

The Associated Press contributed.