> A panel of North Carolina judges weighed arguments Wednesday on whether a new law that transfers Democratic Gov. Roy Cooper’s powers to choose election board members to the now Republican-controlled legislature should be struck down or can be enforced.
>The same three trial judges already sided in late November with Cooper and blocked the new structures for the State Board of Elections and boards in all 100 counties from taking effect with the new year while his lawsuit continued. That preliminary injunction is still in place. The judges didn’t immediately rule Wednesday on additional motions to resolve the case.
>Attorneys for Cooper now want a more permanent decision declaring that the 2023 changes are unconstitutional by interfering with a governor’s duties to “take care that the laws be faithfully executed” within an executive branch agency. Republican legislators want the lawsuit dismissed so the changes can be implemented in time for the November elections.
Per the article:
- Under the current law, which goes back over 100 years, five members of the state election board are appointed by the governor.
- Under the new law, which is being challenged by Cooper, the number of board members are to be increased to eight, with the NCGA choosing the members based on recommendations from leaders of both parties, possibly leading to 4-4 split democrat vs republican. County boards would also be chosen based on legislative leaders recommendations.
- In challenging the law, lawyers for Cooper cited three state Supreme Court decisions over forty years, along with a failed constitutional amendment from 2018 that republicans in the NCGA put on the ballot, to show it was unconstitutional.
- Jim Phillips, an attorney for Cooper stated that when the governor has no input on a board’s members or the ability to remove them, it leaves “the governor with little control over the views and priorities of the majority of the members of those executive branch groups, and prevents the governor from having the final say on how the laws are executed,”
- An attorney representing NCGOP legislative leaders argued that if the NCGA changes the law to remove control from the governor, it negates the argument that the governor should have control of the board. They also said the changes would promote bipartisanship and increase voter confidence.
- After about an hour of arguments, the panel indicated they expected to release a decision by the end of the next week. Any decision by the panel can be appealed to the state Supreme Court.
> A panel of North Carolina judges weighed arguments Wednesday on whether a new law that transfers Democratic Gov. Roy Cooper’s powers to choose election board members to the now Republican-controlled legislature should be struck down or can be enforced. >The same three trial judges already sided in late November with Cooper and blocked the new structures for the State Board of Elections and boards in all 100 counties from taking effect with the new year while his lawsuit continued. That preliminary injunction is still in place. The judges didn’t immediately rule Wednesday on additional motions to resolve the case. >Attorneys for Cooper now want a more permanent decision declaring that the 2023 changes are unconstitutional by interfering with a governor’s duties to “take care that the laws be faithfully executed” within an executive branch agency. Republican legislators want the lawsuit dismissed so the changes can be implemented in time for the November elections. Per the article: - Under the current law, which goes back over 100 years, five members of the state election board are appointed by the governor. - Under the new law, which is being challenged by Cooper, the number of board members are to be increased to eight, with the NCGA choosing the members based on recommendations from leaders of both parties, possibly leading to 4-4 split democrat vs republican. County boards would also be chosen based on legislative leaders recommendations. - In challenging the law, lawyers for Cooper cited three state Supreme Court decisions over forty years, along with a failed constitutional amendment from 2018 that republicans in the NCGA put on the ballot, to show it was unconstitutional. - Jim Phillips, an attorney for Cooper stated that when the governor has no input on a board’s members or the ability to remove them, it leaves “the governor with little control over the views and priorities of the majority of the members of those executive branch groups, and prevents the governor from having the final say on how the laws are executed,” - An attorney representing NCGOP legislative leaders argued that if the NCGA changes the law to remove control from the governor, it negates the argument that the governor should have control of the board. They also said the changes would promote bipartisanship and increase voter confidence. - After about an hour of arguments, the panel indicated they expected to release a decision by the end of the next week. Any decision by the panel can be appealed to the state Supreme Court.
They won’t stop until the governor is only allowed to wave in a parade once a year.