North Carolina trial judges have ruled in favor of the Democrats in a highly contested election board battle. Recently, the Republican-dominated General Assembly made new changes to the state’s election laws.
But Democratic Governor Roy Cooper has convinced the court to halt the move, even though temporarily.
The trial judges, Lori Hamilton and Andrew Womble, both Republican and Democrat Edwin Wilson, issued the order unanimously on Thursday, November 30. The order, which was given as a preliminary injunction, would stop the General Assembly from following through with the new law.
The General Assembly, led by State Senate leader Phil Berger and House Speaker Tim Moore, led the action to effect the new changes. The new law, which was to take effect on January 1, 2024, would have altered the composition of election boards in the 100 counties of the state.
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Previously, North Carolina law allowed the Governor to appoint the five election board members. The governor was to pick three members from his party and two from the opposition. The tradition has been in force since 1901.
But following reports of irregularities in the 2020 elections, the opposition-dominated legislature has made several moves to alter the law. Even after Governor Cooper vetoed the bill, the lawmakers summoned enough numbers to overrule the veto.
The new law transferred the powers to appoint board members from the governor. The General Assembly was to make the appointments based on recommendations from senior lawmakers from both sides of the aisle.
The law also altered the membership strength of the board from five to eight. Each party would produce four members each.
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Previous moves by Republicans to alter the board’s composition have not been successful. Voters have either frustrated these attempts, as was the case in 2018, or the courts have blocked them..
But Republicans are optimistic about the new law, which they believe will better promote fairness in election administration.
But Governor Cooper and his legal team strongly disagree with the new law’s health. They say it will promote friction and cause delays in decision-making among board members. These delays, they say, could hinder early voting access and make the General Assembly and the courts preside over election outcomes.
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In a written statement, Governor Cooper praised the court’s decision. “The courts have repeatedly found that partisan legislative attempts to take over the state board of elections are unconstitutional.”
On the other side, a spokesperson for the senate leader and house speaker praised the new law’s intent.
The spokesperson said that the law would have made the board a truly “bipartisan board with an equal number of Republicans and Democrats.” The statement also knocked Governor Cooper for fighting to ensure that it was only controlled by Democrats.
Republicans can contest the ruling all the way to the State’s Supreme Court, where they hold five of the seven seats. Here, Republican leaders are confident of victory.
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