North Carolina Democratic Gov. Roy Cooper affixes his veto stamp at a public rally, May 13, 2023, in Raleigh, N.C. Republicans who control the North Carolina legislature with veto-proof majorities are close to wresting supervision of elections from the governor and the governor’s party, almost always the Democrats for over a century. A bill that could reach Gov. Roy Cooper’s desk this week would, among other changes, take away from him and future governors the power to appoint members of the State Board of Elections. It would give that authority to legislative leaders instead.(AP Photo/Hannah Schoenbaum, File)ASSOCIATED PRESS
The North Carolina legislature, under Republican control with veto-proof majorities, is poised to alter the oversight of elections, potentially diminishing the power of the governor and, by extension, the Democratic Party, which has historically dominated North Carolina politics.
The proposed bill, which may soon reach the desk of Governor Roy Cooper, seeks several significant changes, one of which is the transfer of the authority to appoint members of the State Board of Elections from the governor to legislative leaders. This shift could have implications for the state’s electoral landscape.
Currently, the State Board of Elections comprises five members appointed by the governor, a practice dating back to 1901. While no more than three members can belong to the same party, during Governor Cooper’s tenure, Democrats have held the majority on the board.
Under the proposed legislation, slated to take effect next July, the state board would expand to eight members, with all appointments being made by the General Assembly. The House speaker, Senate leader, and minority leaders in both chambers would each have the power to select two members. Additionally, the county boards would see a reduction in size, going from five members to four, with each top legislator choosing one member.
Although the bill allows for the appointment of unaffiliated voters, it is likely that the reconstituted boards would be evenly divided between Democrats and Republicans. In cases where the state board cannot swiftly agree on a chair or executive director, one of the legislative leaders, both currently Republicans, would have the authority to make the selection.
The rationale behind this even-numbered board structure, according to Republicans, is to eliminate the perception that decisions on contentious election matters are driven by partisan interests. They argue that this change would enhance voter confidence by compelling the boards to seek bipartisan consensus.
However, Governor Cooper views the bill differently. He has expressed his intention to veto it, asserting that it conceals its true intent—a “backdoor attempt to limit early voting and consolidate the legislature’s quest for the power to decide contested elections.”
Critics of the legislation, including voting rights advocates, raise concerns about the potential consequences of evenly divided boards. If these boards deadlock on certifying election results, it could lead to protracted legal battles or even involve the General Assembly in settling the matter. Additionally, the bill could provide state lawmakers with the authority to determine the winner of North Carolina’s 16 presidential electoral votes in the event of a divided state board unable to certify the victor.
Notably, the state constitution already grants the legislature the power to determine the outcomes of contested statewide elections, such as those for governor, lieutenant governor, and attorney general.
The bill also poses a potential challenge to the position of Karen Brinson Bell, the current executive director of the State Board of Elections. While Brinson Bell, in her role, has received widespread respect and acclaim, she has faced criticism from state Republicans. They accuse her and the board of agreeing to a legal settlement in 2020 that relaxed certain mail-in ballot rules beyond what state law allowed. This settlement, according to Brinson Bell, aimed to address concerns related to mail-in ballots during the COVID-19 pandemic.
The bill stipulates that if the reconstituted state board cannot agree on the appointment of an executive director by July 15, the Senate’s Republican leader will make the selection. Consequently, a new state elections director could assume the role just four months before the next presidential election.
In the broader context, concerns are growing nationwide about partisan attempts to seize control of election offices at various levels, fueled in part by unfounded claims of election fraud. Recent events in Wisconsin, where a Republican-controlled state Senate voted to remove the state elections administrator, Meagan Wolfe, over decisions made during the 2020 election, exemplify these concerns.
In North Carolina, the House has scheduled a floor vote on the bill, while the Senate has signaled its support for the final version. If Governor Cooper vetoes the bill, as expected, an override vote may not occur until October, potentially followed by legal challenges.
Another election-related bill, which Governor Cooper has already vetoed, seeks to change the state’s existing law that allows mailed ballots to be counted if postmarked by Election Day and received within three days. It also permits partisan poll observers to move about voting locations, a provision that critics argue could lead to voter intimidation.
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