North Carolina Appeals Court: Election Board Appointment Upheld, Power Shifts to Auditor

• A North Carolina appeals court upheld a 2024 law transferring the power to appoint election officials from the governor to the state auditor.
• The 2-1 ruling reversed a lower court decision that had found the law unconstitutional.
• The law prevents Governor Josh Stein from filling seats on state and county election boards.
• Republican State Auditor Dave Boliek now appoints members, leading to Republican majorities on all 100 local election boards and the state board.
• The majority opinion stated the General Assembly did not violate separation of powers, as the governor lacks a "core constitutional duty" for these appointments.

The upholding of North Carolina SB 382 by the state appeals court represents a pivotal moment for election administration in the state, fundamentally altering the balance of power concerning election oversight.

A North Carolina appeals court has affirmed a controversial 2024 law that reassigns the authority to appoint and remove election officials from the state's governor to its auditor. This significant 2-1 ruling overturns an earlier lower court decision that had deemed the legislation unconstitutional. The measure, known as North Carolina SB 382, was enacted during the 2024 lame-duck legislative session, specifically designed to prevent incoming Democratic Governor Josh Stein from exercising the traditional gubernatorial power over appointments to the North Carolina State Board of Elections and county election boards.

Instead, the General Assembly administratively transferred oversight of the state board to the Republican state auditor’s office. This move empowered Auditor Dave Boliek to appoint members and fill any vacancies. Following the appellate court's intervention, which allowed him to proceed, Auditor Boliek swiftly acted to reshape the state's election administration landscape. He immediately shifted the majority on the state elections board from Democratic to Republican control and replaced the executive director with the former general counsel for the speaker of the House.

The impact of this decision extends beyond the state level, fundamentally altering the composition of local election bodies across North Carolina. As a direct result of the law and the subsequent actions by Auditor Boliek, all 100 local elections boards in the state now feature a Republican majority and are chaired by a Republican. This comprehensive shift in NC election board appointments marks a substantial change in how election oversight is structured throughout the state.

The majority opinion, penned by Judge April Wood and concurred by Judge Valerie Zachary, both Republicans, concluded that the General Assembly did not violate the principle of North Carolina separation of powers. Judge Wood asserted that the governor does not possess a “core constitutional duty” to appoint members to the state board, arguing that any member of the council of state can undertake the executive branch's responsibility to faithfully execute laws. She stated that the court could not find a “plain and clear violation” of the separation of powers doctrine, emphasizing that the public policy implications of reassigning these duties were not within the court's purview.

Judge Wood further clarified that such reassignments must be evaluated on a case-by-case basis, acknowledging that the decision to move responsibility for election administration “leaves open the possibility for future reassignment of these duties back to the governor or to another council of state member as the political makeup of the General Assembly changes.” She reasoned that because the duties outlined in SB 382 are not constitutionally assigned to a specific council of state member, the policy preferences of the governor do not inherently hold more weight than those of the auditor regarding influence over the state board tasked with administering elections. The majority concluded that since the Assembly is not controlling the executive branch by reassigning duties to another council of state member over whom it has no power, no separation of powers violation occurred.

In contrast, the lone Democratic panel member, Judge John Arrowood, issued a dissenting opinion, contending that the challenged provisions indeed infringe upon the separation of powers. Judge Arrowood argued that the enforcement of election laws constitutes a core function and power of the governor, necessitating some degree of control over both the state and county boards as part of the governor's constitutional duties. This ruling reverses an initial decision by a panel of Raleigh judges who had sided with Governor Stein and then-Governor Roy Cooper in their 2024 lawsuit challenging the law, which sought to preserve the gubernatorial authority to appoint members to the state board of elections, a power held by governors since 1901.

The upholding of North Carolina SB 382 by the state appeals court represents a pivotal moment for election administration in the state, fundamentally altering the balance of power concerning election oversight. This decision means that the authority over NC election board appointments has definitively shifted, with significant implications for how elections are managed and perceived. The ruling underscores a reinterpretation of the North Carolina separation of powers, allowing the legislature to reallocate executive functions to other council of state members, even those traditionally held by the governor for over a century.

For Governor Josh Stein, this ruling means a substantial curtailment of his executive authority over a critical state function, as his ability to shape the state's election apparatus has been effectively removed.

Conversely, it significantly elevates the role of Auditor Dave Boliek in election matters, granting him unprecedented influence over the composition and leadership of election boards statewide. The swift actions taken by Auditor Boliek to install Republican majorities and leadership across all 100 county boards and the state board illustrate the immediate and tangible impact of this power transfer.

This development is likely to fuel ongoing debates about partisan influence in election administration and could set a precedent for future legislative maneuvers aimed at reconfiguring executive powers. The North Carolina election board appointment upheld decision will undoubtedly be a focal point for legal scholars, political observers, and election integrity advocates, as it reshapes the institutional framework governing democratic processes in the state. It highlights the dynamic nature of constitutional interpretation and the continuous struggle over governmental checks and balances, particularly in politically charged areas like election oversight.

Lawyers advising on North Carolina election law or engaging in election-related litigation must now understand that the power to appoint and remove election officials has shifted from the governor to the state auditor, impacting the composition and potential partisan leanings of election boards statewide. This ruling could influence future challenges to election administration and requires close monitoring for further legislative or judicial developments.

Source: Original reporting via Courthouse News Service.