Courts & the Law, News

Three-judge panel dismisses Cooper lawsuit against legislative leaders over ethics, election merge

The three-judge panel who heard arguments today about whether or not a bill to merge the State Board of Elections and State Ethics Commission was constitutional decided to dismiss the case.

The panel’s order did not explain why they dismissed the case but cites a rule of civil procedure indicating a finding that the court does not have authority to hear the case. The decision was unanimous.

A spokesman for Gov. Roy Cooper indicated in a statement that there would be an appeal.

Defendants’ Senate President Pro Tem Phil Berger and House Speaker Tim Moore commended the judges for delivering “a victory to North Carolina voters.” They encouraged the Governor to not seek an appeal.

For more information about the decision and the arguments made in court, check NC Policy Watch tomorrow morning.

One Comment


  1. Nicolle Leney

    June 2, 2017 at 10:38 am

    And yet, STILL both the state board and the county board of elections are an even number of people and STILL the bill requires a majority vote for actions of those board. And STILL nowhere in the bill does it address cases of a tie.

    There are going to be times where not taking SOME action is not going to be an option (example, when they were trying to set the early voting days after the GA’s changes to that got overturned).

    The normally logical move, having the chair break the tie, is NOT an option. Why? Because that would make this “bipartisan” board ANYTHING BUT.

    County board chairs are still Democrat odd years and Republicans in EVEN (election) years.

    They “fixed” that for the state board. The state board Democrat is chair for a 2-year term “2017 and every four years thereafter” and Republican is chair for a 2-year term “2019 and every four years thereafter” which means Republicans are chair EVERY PRESIDENTIAL election year.

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