Amid a rough election night for Democrats across the country, one bright spot for the party was North Carolina. Though Kamala Harris lost the state to Donald Trump by about 3 points, Democratic Attorney General Josh Stein defeated Republican Lt. Gov. Mark Robinson by double digits to keep the governor’s mansion in Democratic hands. Democrats also won statewide races for lieutenant governor, attorney general, secretary of state and superintendent of public instruction. Democratic Supreme Court Justice Allison Riggs narrowly held onto her seat, though Republicans are trying to disqualify voters to overturn her victory.
Finally, Democrats broke Republicans’ supermajority in the Statehouse. In the reapportionment of legislative seats after the 2010 census, Republicans gerrymandered themselves into majorities in both the state House and state Senate. Frequently, they’ve had supermajorities, allowing the party to override dozens of vetoes by outgoing Gov. Roy Cooper, a Democrat. With Stein’s veto power strengthened though, Republicans in the Legislature quickly moved to mitigate the impact of the election. In a special session called to provide disaster relief to the victims of the hurricane that ravaged western North Carolina, the GOP introduced a series of measures designed to strip power from the incoming Democrats. And in case the cynicism wasn’t already obvious to everyone, they wrapped the power grab into a disaster relief package.
The Republicans’ attempt to control the board of elections is part of an ongoing attempt to subvert democracy in North Carolina.
While the bill passed the state Senate along party lines, three Republican House members who represent districts affected by the hurricane voted against it. Cooper vetoed the measure, calling it a “sham” and saying, “This legislation was titled disaster relief but instead violates the constitution by taking appointments away from the next Governor for the Board of Elections, Utilities Commission and Commander of the NC Highway Patrol, letting political parties choose appellate judges and interfering with the Attorney General’s ability to advocate for lower electric bills for consumers.”
Senate Republicans voted Monday to override Cooper’s veto, with the state House voting next week. For the override to proceed, Republicans will need the support of those colleagues who voted against the original bill.
In addition to stripping powers of appointment from the governor, the bill limits the ability of the attorney general to enter into lawsuits without approval of the Legislature. It eliminates the Energy Policy Council, which would be chaired by incoming Lt. Gov. Rachel Hunt, and restricts the power of the superintendent of public instruction, who oversees the state’s school systems. The bill does not reduce the powers of any Council of State offices won by Republicans.
North Carolina GOP legislators have been trying to restrict the power of the governor ever since that 2010 reapportionment. They have successfully limited some of the governor’s powers of appointment, like trustees for public universities, but have been blocked by the courts in other cases, most notably attempts to remove the governor’s control of the state Board of Elections.
That board has been a particular GOP target since Cooper became governor in 2017. In his first term, it passed a bill that would have given the Legislature power to appoint the board’s members, but the courts found the law unconstitutional, violating the separation of powers clause. In 2018, they put a constitutional amendment on the ballot that would have given the Legislature control of the board, but voters rejected it, 62% to 38%. Changing the rules after the fact shows a lack of respect for the people of the state and a disregard for the concept of democracy. Insulated by their gerrymander, Republicans ignored that resounding signal of disapproval from voters. The new bill would shift the power of appointing Board of Elections members from the governor to the state auditor, a seat won by a Republican. Republican legislative leaders argue that the auditor is part of the executive branch so they aren’t violating the separation of powers. Cooper and his attorneys maintain that the Constitution gives the governor responsibility to ensure that laws of the state are faithfully carried out, a clear function of the state Board of Elections. The Republicans’ attempt to control the Board of Elections is part of an ongoing attempt to subvert democracy in North Carolina. Their egregious gerrymanders have been protected by the GOP-controlled state Supreme Court. They have made voting more difficult through voter ID laws and fewer early voting sites. Right now, they are challenging the votes of more than 60,000 North Carolinians who cast ballots last month in an effort to reverse the outcome of the Supreme Court race that Riggs won by fewer than 800 votes. Controlling the elections board would facilitate undermining the will of the people. By stripping power from the winners of the election, Republican legislators in North Carolina are trying to undermine the will of the people. Voters made choices based on certain expectations. Changing the rules after the fact shows a lack of respect for the people of the state and a disregard for the concept of democracy. If the Legislature overrides Cooper’s veto, the law will end up in court. Let’s hope the judges and justices side with people instead of the politicians.
Thomas Mills
Thomas Mills spent 30 years as a political consultant. He covers North Carolina politics at his newsletter PoliticsNC.com. 
