Court Rules Against Republicans’ Attempt to Restructure North Carolina Election Boards
TL/DR –
A three-judge panel in North Carolina ruled that the Republican-led legislature’s attempt to restructure state and county election boards is unconstitutional. The legislation would have created an eight-member state election board, evenly split between Democrats and Republicans, appointed by the state legislature, disrupting the current structure where the state’s governor appoints the five-member state election board. The court, consisting of two Republicans and one Democrat, claimed this was a clear infringement on the governor’s constitutional duties, but it is unclear whether the Republican-led legislature will appeal the decision.
Republican-Led Election Board Restructure Ruled Unconstitutional in North Carolina
A bipartisan panel of judges in North Carolina deemed the Republican-led attempt to restructure state and county election boards unconstitutional. The ruling, with no dissent, secures the current structure of the state election board, consisting of three Democrats and two Republicans.
Legislative representatives did not disclose their plans for an appeal after the decision on Tuesday. The contested legislation aimed to create an eight-member state election board and similar county boards, equally composed of Democrats and Republicans.
Currently, the five-member state election board is appointed by the governor. The process for county boards, also comprised of five members, is more intricate with the governor designating the chairs. This system was opposed by election experts and Democrats, including Gov. Roy Cooper, arguing it would result in stalemate on significant election issues.
The three-judge panel, composed of two Republicans and one Democrat, described the restructuring as a “stark and blatant removal of appointment power from the governor” that “infringes upon the governor’s constitutional duties.” The Republican supporters are left with a limited time frame to appeal before the 2024 elections, potentially needing to approach the state Supreme Court for a decision before November.
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