Cooper, Stein file lawsuit over SB 382, new law that strips power from governor, attorney general
RALEIGH, N.C. (WTVD) -- Gov. Roy Cooper and Attorney General and Gov.-elect Josh Stein are suing state lawmakers over Senate Bill 382.
The bill, now law, allocates more money for Hurricane Helene relief but also strips away power from incoming Democrats on the Council of State.
"It's really unfortunate that we are here again. And it's unfortunate that this state legislature has left small businesses and communities hanging in western North Carolina without significant help. They had a vehicle to do that with this legislation, but instead, it's a sham. And instead, it has a massive power grab that's going to eventually hurt the people of North Carolina," Cooper said Friday.
In the newly filed lawsuit, Cooper and Stein are suing House Speaker Tim Moore and Senate President Pro Tempore Phil Berger along with the commander of the North Carolina State Highway Patrol, Col. Freddy Johnson.
Stein, the outgoing attorney general, and Cooper, another Democrat leaving office shortly after eight years on the job, focused their lawsuit in Wake County Superior Court on a provision that would prevent Stein from picking his own commander of the State Highway Patrol. If that portion of law is allowed to stand, Johnson, the current commander appointed by Cooper more than three years ago could be poised to stay in place through June 2030 - 18 months after the expiration of the term Stein was elected to.
The lawsuit said the provision would give Johnson, an exclusive five-year appointment. It also would prevent the governor from ensuring state laws are faithfully executed through his core executive and law enforcement functions since the commander would be effectively unaccountable, the lawsuit said.
The lawsuit seeks to block the General Assembly's restriction on the appointment while the litigation is pending and to ultimately declare the provision in violation of the North Carolina Constitution.
In a statement, Cooper and Stein said they are taking legal action to stop the legislature's "unconstitutional and dangerous power grab," saying the new bill, which became law when the Republican-controlled General Assembly overrode Cooper's veto, threatens public safety and fractures the chain of command during a crisis.
Despite having a supermajority, the prospects for a veto override were unknown after three House Republicans, representing the state's westernmost districts, initially voted against the bill. Wednesday, all three switched their vote, backing the veto override efforts.
"It's unfortunate that none of the Republicans who voted against this and many of them who expressed reservations stepped up and did the right thing and voted to sustain. But we will continue to move forward. I think much of this legislation is unconstitutional. We've already started with the lawsuits yesterday. There will be more to come," Cooper said.
The Highway Patrol has been an agency under the Cabinet-level Department of Public Safety, with the leader of troopers picked to serve at the governor's pleasure. The new law makes the patrol an independent, Cabinet-level department and asks the governor to name a commander to serve a five-year term, subject to General Assembly confirmation.
"What Gov.-elect Stein is saying to the people of North Carolina is him having control over the Highway Patrol and the Board of Elections is more important than $227 million of relief coming to people in western North Carolina," said Michele Woodhouse, who serves as NCGOP District 11 Chair.
Woodhouse spoke with House Majority Whip Karl Gillespie and Rep. Mike Clampitt in the lead-up to the veto override vote, two of the three Republicans who initially opposed it.
"The conversations really were around his concerns. Right. It was it was me asking questions and listening vs. expressing my opinion on how I thought he should vote or the way I thought he should vote," said Woodhouse.
Separately, the legislation cuts the time for voters to correct provisional ballots from 10 days to 2 days, a move which has sparked pushback from elections officials while addressing concerns from Republicans over the time it takes to count ballots.
"North Carolina has an opportunity to decide are we going to be a state of election integrity, election transparency, and election efficiency. Or are we going to operate like states like California where you're counting weeks and weeks and weeks past election day," said Woodhouse.
The bill also shifts powers to name members of the Board of Elections from Stein to Auditor-Elect Dave Boliek, a Republican. In a statement about the legislation, Boliek said:
"Our office has not sought any additional executive authority, but we will be prepared to manage any responsibilities delegated to the office by the General Assembly in a professional, efficient and nonpartisan fashion as the citizens of our state expect from their State Auditor."
ABC 11 reached out to the offices of Moore, Rep. Destin Hall, who will take over as Speaker next session, and Berger. As of Friday afternoon, they had not responded. Through a patrol spokesman, Johnson did not respond to an Associated Press request for comment Thursday.
In a post on X, formerly Twitter, Stein wrote: "Today, Governor Cooper and I have taken legal action to stop the legislature's unconstitutional and dangerous power grab. This law threatens public safety, fractures the chain of command during a crisis, and thwarts the will of voters. Our people deserve better than a power-hungry legislature that puts political games ahead of public safety."
In a reply on X, the NCGOP responded to Stein's post: "Let's be clear: Josh Stein wants the ability to play political games and stage photo ops instead of working for the people. We stand with the common sense legislation from the General Assembly that is actually doing things to help Western NC Families."
The Associated Press contributed.
