NC judges rule against GOP plan to strip governor of election board appointments

Kyle Ingram, The Charlotte Observer on Apr 23, 2025

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RALEIGH, N.C. — A panel of judges on Wednesday struck down a GOP plan to wrest control of North Carolina’s election boards from Democratic Gov. Josh Stein and transfer it to the Republican state auditor.

In a 2-1 ruling, a Republican and Democratic judge in Wake County Superior Court agreed with Stein that a bill passed in the final days of the GOP’s veto-proof supermajority violated the state constitution.

“The Constitution prevents the legislature from unreasonably disturbing the vesting of ‘the executive power’ in the governor or the governor’s obligation to take care that the laws are faithfully executed,” the majority opinion said.

Had it not been for the court’s intervention, newly elected Republican State Auditor Dave Boliek would have gained control over the boards on May 1, making him the only auditor in the country with election oversight powers.

The ruling is a win for Democrats who, for now, will be able to retain a 3-2 majority on the State Board of Elections, as well as all 100 county boards of elections.

However, the court’s decision is almost certain to be appealed to the state’s Republican-dominated appellate courts, which have previously backed other efforts by the legislature to expand its power.