RALEIGH N.C. (ACME NEWS) —North Carolina Republican lawmakers approved a disaster relief bill Wednesday afternoon that contained several unrelated provisions, one of which was transferring control of the State Board of Elections away from the governor.
Titled “Disaster Relief-3/Budget/Various Law Changes,” Senate Bill 382 is the third round of disaster relief for western North Carolina following the devastation caused by Hurricane Helene with an additional $227 million. However, disaster relief was only a portion of the 133-page bill which included multiple changes to state law, most notably transferring control of the board of elections to the NC Auditor, an office Republicans are projected to win.
Democrats criticized the bill’s unexpected introduction and swift passage. It was released to the public just an hour before debate in the state House, which approved it 63-46 largely along party lines. Three Republicans representing Western North Carolina, a region heavily affected by the hurricane, opposed the measure. Its passage in the house drew immediate criticism from the ACLU of North Carolina.
An analysis by the nonpartisan Legislative Analysis Division outlines the bill’s significant restructuring. The State Board of Elections, now under the governor, would operate within the Department of the State Auditor. While the auditor would handle the board’s budget and appointments, they would not oversee its daily management.
For the last decade Republican lawmakers in North Carolina have been unsuccessfully trying to transfer control of the State Board of Elections away from the Governor and into the hands of Republican Lawmakers. Following the 2016 election in which Governor Cooper was elected, the General Assembly passed legislation stripping the Governor of control over the elections boards, but the legislation was deemed unconstitutional by the state Supreme Court in 2018. In response, the General Assembly attempted to enact a constitutional amendment to achieve the same purpose, which was overwhelmingly rejected by more than 60% of voters in 2018.
Despite those setbacks, last year the General Assembly introduced and passed Senate Bill 749, overriding the governor’s veto and seeking to achieve the same transfer of power through new legislative means. However, earlier this year, a bipartisan three-judge panel of superior court judges permanently blocked the law from taking effect, describing it as a “stark and blatant removal of the appointment power” that violated both state constitutional provisions and legal precedent. Legislative leaders have since appealed the decision, arguing their right to change the structure of the elections boards.
Senate Bill 749 is being challenged in court by Governor Cooper, who received support in the form of an amicus brief from all five living former N.C. Governors (Governors Jim Hunt, Jim Martin, Mike Easley, Beverly Perdue, and Pat McCrory) who opposed the efforts emphasizing that the legislation is unconstitutional and unjustified. “For nearly 125 years, our Board of Elections, with its members appointed and supervised by the Governor, has faithfully ensured time and time again that our elections are lawful and accurate,” the brief states.
Republicans are now trying to transfer control of the Board of Elections to the Office of the NC Auditor, overseen by an elected official, and a position which Republican Dave Boliek is projected to win once the election is certified.
In response to Senate Bill 382, Gov. Roy Cooper accused Republicans of using disaster funding as a “cover for massive power grabs.” On X (formerly Twitter), he said, “Failing to prioritize real, immediate relief for Helene recovery is appalling.”
Several Democrats spoke against the bill including Sen. Julie Mayfield [D-Buncombe] who said on the floor that the bill takes “purely partisan aim at some of the pillars of our democracy.”
Senator Hise (R-District 47) when speaking on the bill in Wednesday’s Senate session stated some of the changes in SB 382 were needed, referencing vote counting that has been “draging on for two weeks,” — likely a reference to the NC Supreme Court seat in which the current incumbent Democrat Allison Riggs is leading Republican challenger by just over 700 votes.
Following the vote, Senate leader Phil Berger (R-Rockingham) defended the amendment transferring control of the Board of Elections in a statement online.
“Our State Board of Elections has faced persistent political interference from the governor’s office,” Berger said. “For years, Republicans have sought true bipartisanship by ensuring equal representation for both parties, but Democrats have opposed these efforts at every turn. This solution places the State Board under the Office of the State Auditor, removing the partisan influence that has damaged its credibility and impartiality.”
The bill now goes to Governor Cooper’s Desk, however, Republicans still hold a veto-proof supermajority in the General Assembly during the lame-duck session, which will last until the newly elected members take office in January 2025.
###
