North Carolina Senate Republicans made a bold move on Monday by introducing legislation that would strip Governor Roy Cooper of his power to appoint members to the State Board of Elections, thereby escalating the longstanding struggle over state government powers between the GOP-led General Assembly and the Democratic governor. While Cooper had recommended changes meant to ease the current Republican dominance of University of North Carolina (UNC) governing boards almost two hours earlier, the dueling proposals appear to up the ante between the two sides as they seek to reshape the balance of power within state government in the final weeks of the year’s main legislative session. Nonetheless, Republicans maintain the upper hand, having regained veto-proof control of the legislature in April this year.
Currently, the state board is composed of five members appointed by the governor, with three Democrats and two Republicans drawn from candidate lists made by state party leaders. However, if the Republican-sponsored bill is passed, all eight members would be appointed by legislative leaders, with the Senate leader, House speaker, and House and Senate minority leaders selecting two members each, although they would not be obligated to choose from the party’s nominations, potentially presenting an opportunity for unaffiliated voters to serve. Given that the board administers elections in the ninth-largest state, which is usually a Presidential battleground, and with over 7 million registered voters, the stakes could not be higher.
One of the main arguments put forth by Republicans in favor of the bill is that having an even number of members will encourage consensus-building among the board, while they have also frequently expressed their displeasure with the Democratic-controlled board entering a legal settlement in 2020 over absentee ballot rules that Republicans claim ignored state laws. “The voters of North Carolina should have faith that members of the Board of Elections can work together to conduct free and fair elections without any perception of bias,” said Sen. Warren Daniel of Burke County, a bill sponsor. The bill is scheduled for committee debate Wednesday, while expected amendments would make the state board changes happen immediately, and the county board changes effective in 2024.
In a news release, Senate Minority Leader Dan Blue, a Wake County Democrat, called the bill a “power grab, plain and simple” that “would create more gridlock and uncertainty in our election system.” The move is not without precedent, as Cooper has sued over previous state election board laws approved since late 2016, and courts have ruled in his favor, arguing that the board’s composition by the GOP prevented him from having control over carrying out election laws. Furthermore, separate legislation being negotiated by House and Senate Republicans this year would also serve to take more appointment powers away from governors on several key state boards, including state and local community college boards, with GOP leaders arguing that more accountability and diversity of thought are needed on important boards that Cooper’s appointees control.
At a news conference to unveil recommendations of a blue-ribbon commission composed of former UNC System presidents Tom Ross and Margaret Spellings, Cooper said he hoped Republicans would also seriously consider its suggestions to diversify the UNC Board of Governors and trustee boards at 16 campuses. “Here the legislature controls pretty much everything in higher education. So diversifying appointment authority here is a good idea,” Cooper said. For 50 years, the legislature has chosen the voting members of the system Board of Governors, with the current 24 elected by the House and the other half by the Senate. However, the minority party in the two chambers would get to select eight of those members combined. The commission also recommended that the governor get to pick four of the 15 seats on UNC campus trustee boards, but that would not take effect until January 2025, after Cooper leaves office.
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