North Carolina Republicans push through bill weakening incoming governor and attorney general

RALEIGH, N.C. (AP) — North Carolina Republican legislators gave final approval Wednesday to a series of political power moves that would weaken the incoming governor and other Democratic elected officials in the ninth-largest state. They’re contained in a massive bill sprinkled with a new round of Hurricane Helene relief provisions and rushed through a lame-duck General Assembly session.

The Senate voted along party lines for the 131-page measure, which would alter yet again how the State Board of Elections is appointed, likely leading to a GOP majority on a panel now controlled by Democrats. It also would move up in 2025 several post-election deadlines after Republican complaints that counties took too long this month to count provisional and absentee ballots, especially in light of an extremely close Supreme Court race.

The House approved the same measure Tuesday night, so the bill goes next to the desk of outgoing Democratic Gov. Roy Cooper, who has blasted the effort as “massive power grabs.” Other Democrats called provisions unconstitutional. Any veto override attempt would happen early next month.

The measure was approved less than 24 hours after it was made broadly public in the final weeks before Republicans’ veto-proof majority ends following electoral defeats in the House this month.

Cooper leaves office at year’s end and will be succeeded by fellow Democrat Josh Stein, whose veto likely will be able to block Republican measures if Democratic legislators remain united. So this may be the last time for a while for Republicans to force through such partisan changes.

State lawmakers meeting twice this fall already approved with near unanimous support legislation setting aside over $900 million toward Helene relief and recovery. Cooper has asked for much more — at least $3.9 billion — and quickly. While this week’s bill locates an additional $252 million for Helene relief, nearly all of it can’t be spent until the General Assembly acts again.

“Power would have been lifting up the people of western North Carolina so they can rebuild,” Sen. Lisa Grafstein of Wake County said Wednesday. “This bill is a weak and sorry display. It shows an inability to manage not just this moment — it shows an inability to manage the emotional discipline to accept basic democratic balance.”

The bill marks yet another effort by Republicans to wrest State Board of Elections appointments from the governor, whose party always holds three of the five seats. Other measures have been blocked by courts, including a 2023 law that would move board appointment authority from the governor to the General Assembly.

Under the bill that authority would go to the State Auditor’s Office — that will be led by Republican Dave Boliek, who was elected this month — starting in May, with the board’s placement under his office weeks later. The changes likely would mean Republican board control in the near future and filter down to county election boards, too.

Republicans said the changes will lead to more efficiency and the quicker release of vote counts.

“The purpose of these changes is to ensure a timelier resolution of election outcomes than we have continuing to drag on for two weeks like we’ve seen in the most recent election,” said Republican Sen. Ralph Hise, of Mitchell County.

No other state has such a structure where the state auditor has election responsibilities, said David Becker, a former U.S. Justice Department lawyer who runs the Center for Election Innovation & Research. He called the proposal “deeply troubling.”

“This is a radical change to the structure of election boards and changes to procedures that will affect voters,” Becker said in an interview. “It will almost certainly result in valid ballots being thrown out and create huge burdens on election officials.”

The legislation also would immediately weaken the governor’s authority to fill vacancies on the state Court of Appeals and Supreme Court by limiting his choice to candidates offered by the political party of the outgoing justice or judge.

Stein, who is currently attorney general, will be succeeded by fellow Democratic U.S. Rep. Jeff Jackson. The bill would limit the attorney general by barring him from taking legal positions contrary to the General Assembly in litigation challenging a law’s validity. Stein recently declined to defend parts of laws that restrict surgical abortions and abortion pills.

“We saw no change likely to occur” with Jackson’s arrival, Senate leader Phil Berger told reporters, “and felt it was time for us to take steps.”

The bill also would prevent the superintendent of public instruction — a post to be held by Democrat Mo Green — from appealing decisions by a state board that reviews charter school applications.

Bill opponents watched the Senate debate. After there was applause for a Democratic senator’s speech, outgoing GOP Lt. Gov. and presiding officer Mark Robinson cleared the gallery, calling those present “immature people.” No arrests were made.

The bill is a reminder of legislation that Republicans approved in late 2016, weeks before Cooper was to succeed Republican Gov. Pat McCrory, that also weakened the governor’s powers. That led to demonstrations, arrests and years of lawsuits.

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Associated Press writer Christina A. Cassidy in Atlanta contributed.

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