North Carolina Court Ruling Alters Power Dynamics Over Election Boards
In a significant legal development, the North Carolina Court of Appeals recently affirmed a legislative decision that shifts the appointment authority of the State Boards of Elections, the body responsible for overseeing elections, campaign finance, and all county election boards, away from the governor.
Historically, for almost 100 years, the governor of North Carolina had the exclusive right to appoint the majority of the state board of elections and the county election boards, with appointees primarily from the governor’s political party. However, as 2024 concluded, the state legislature, in a move that bypassed a gubernatorial veto, transferred this authority from the governor to the state auditor, who is currently a member of the Republican party, contrasting with the Democratic affiliation of the current governor.
This shift in authority comes amidst heightened interest in the state board’s decisions. For instance, Judge Jefferson Griffin, after an unsuccessful bid for the state supreme court, sought to invalidate over 60,000 votes through a petition to the board. His challenges were ultimately dismissed, culminating in a protracted six-month legal battle, which he conceded last Wednesday.
The implications of this revamped appointment process are far-reaching, potentially influencing voter access as soon as the upcoming election cycle this fall. This change is seen as part of a broader trend where courts and legislative bodies are increasingly being used to challenge and potentially destabilize electoral processes.
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