RALEIGH, N.C. (AP) — North Carolina Republicans on Tuesday introduced sweeping legislation that would weaken the powers of the new governor, attorney general and superintendent of schools — all Democrats elected two weeks ago — and restrict appointments from the Board of Elections would shift to the state auditor of the Republican Party.
The latest 131-page measure, which also includes earmarking additional money for Hurricane Helene relief, was made public just hours before the Republican Party-controlled House met to debate it during a lame-duck General Assembly meeting this week. The House of Representatives voted largely along party lines on Tuesday evening in favor of the measure, which the Republican-controlled Senate was expected to pass on Wednesday.
With Republicans likely to lose their veto-proof majority in the next two years after election losses in the House of Representatives, this week could be their last best chance to pass legislation that includes sharp partisan changes. Democratic Gov. Roy Cooper will leave office at the end of the year and will be succeeded by Democrat Josh Stein.
Currently, the five members of the State Board of Elections are appointed by the governor based on recommendations from the Democratic and Republican parties. The governor’s party always has three seats. Republican lawmakers have tried for years to enforce these appointment powers but have been thwarted by the courts. Judges have temporarily blocked a 2023 law that would shift the board’s appointment power from the governor to the General Assembly.
Even with a lawsuit pending, Tuesday’s measure would move the independent state board to the state auditor’s office starting next summer. At that time, the new accountant – Republican Dave Boliek, elected this month – would make appointments. These changes would likely mean Republican control of the board.
In a likely response to complaints about slow vote counting this month, the bill would also require county election boards in 2025 to count all provisional ballots three days after Election Day.
Some counties did not complete this year’s preliminary count until several days after last Friday’s election date. The measure would also push back the deadline by which some people who don’t have a photo ID when voting would have to show they have one so their ballot can count.
GOP Rep. Gray Mills, chairman of the House of Representatives Election Committee, said the state auditor’s office is the best place to house the board of elections since the post is known for conducting investigations and reviews. And the changes in election counting will bring greater efficiency.
“Our voters expect us to announce the election results in a timely manner,” Mills said. “I really believe this language will do this.”
Karen Brinson Bell, executive director of the State Board of Elections, said board staff were not consulted on the legislation and that this “could make it impossible for county boards of elections to adequately ensure that every eligible vote is counted.” counted, especially in elections with high turnout.”
Tuesday’s bill includes additional provisions related to Helene and draws an additional $227 million from state reserves, but stipulates that the money may remain unspent for the time being. It will provide an additional $50 million to help the Cooper administration fill the shortfall to complete housing projects left over from Hurricane Matthew in 2016 and Hurricane Florence in 2018.
State lawmakers previously set aside more than $900 million for relief and recovery for Helene in two measures passed and signed by Cooper this fall. Cooper has asked lawmakers to provide much more, and quickly.
Democrats from western North Carolina said Republicans were more interested in seizing power than helping businesses and residents damaged by Helene. Republicans used a procedure that prevented Democrats from submitting amendments.
“This bill makes it quite clear that the agency is prioritizing political priorities over the very real need for rapid relief in the western part of our state,” said Buncombe County Representative Eric Ager. Three Western Republicans ultimately voted no on the bill — a development that could undermine a potential Cooper override.
Rep. Donny Lambeth, a Forsyth County Republican who handled only the spending provisions, said lawmakers receive Helene spending requests daily.
“There’s still a lot of work that needs to be done… and quite frankly, a lot of money is still going to have to be spent,” Lambeth said.
The legislation would also immediately weaken the governor’s authority to fill vacancies on the state Court of Appeals and Supreme Court by limiting the choice to three candidates presented by the political party of the retiring judge or justice.
Stein, who currently serves as attorney general, will be succeeded by fellow Democrat Jeff Jackson. The bill would limit the attorney general in part by prohibiting him from taking legal positions contrary to the General Assembly in lawsuits challenging the validity of a law. Stein recently declined to defend parts of laws restricting surgical abortions and abortion pills in court.
“Instead of acting, Republicans in the General Assembly are seizing power and demanding political retribution,” Stein said on the social platform X on Tuesday.
And the bill would also prevent the superintendent of public instruction — a position that shifted party control to Democrat Mo Green in January — from now being barred from appealing decisions by a state board that reviews charter school applications.
The Republican effort to erode Democrats’ power is reminiscent of similar measures taken in late 2016 aimed at weakening Cooper, who was set to succeed Republican Governor 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 Karen Brinson Bell, executive director of the State Board of Elections, and not to a spokesperson for the board.
