Courts & the Law, News

Superior Court panel’s response to Supreme Court in elections, ethics merge due soon

The deadline is fast approaching for a three-judge Superior Court panel to respond a request made by the state Supreme Court to provide further details in a battle between the Governor and the legislature over the State Board of Elections and Ethics Enforcement.

The Supreme Court ordered Sept. 1 that the Superior Court panel explain the basis for its earlier determination that it lacked jurisdiction to reach the merits of the claims advanced by Gov. Roy Cooper and address the issues that he raised on the merits. The deadline for that response is Tuesday.

Cooper is suing lawmakers for the second time over legislation that merges the State Board of Elections and the State Ethics Commission into one entity.

In the first lawsuit over Senate Bill 4, the three-judge Superior Court panel ruled mostly in favor of Cooper. Instead of appealing that ruling, lawmakers recrafted legislation to still merge the boards, but in a way that addressed some of the courts’ points.

The second lawsuit Cooper filed over Senate Bill 68 was dismissed by the panel for lack of jurisdiction. Cooper appealed to the state’s highest court.

Once the Superior Court files the order about its recent decision, the case will immediately be certified back to the Supreme Court for a final decision.

In it’s order, the Supreme Court also wrote that any county board of elections with a vacancy while litigation is ongoing may continue to meet and conduct business with a quorum and unanimous assent of two members.

Check Also

Legislative bill tracking: Former judge turned lawmaker keeping track of ‘war’ on judiciary

Trying to keep track of the major legislation ...

Top Stories from NCPW

  • News
  • Commentary

A pivotal legislative task force may be just beginning its dive into North Carolina’s school funding [...]

The controversy over “Silent Sam,” the Confederate monument on UNC’s Chapel Hill campus, has been ra [...]

North Carolina tries to mine its swine and deal with a poop problem that keeps piling up A blanket o [...]

This story is part of "Peak Pig," an examination of the hog industry co-published with Env [...]

With Republicans on Capitol Hill and in the White House desperate to post a big legislative win, the [...]

Latest court system mess is directly linked to the Right’s ideological war on public structures Some [...]

Republicans in Congress are rushing to advance a tax reform bill that balloons the federal deficit s [...]

The post Charitable donations and the GOP’s chopping block appeared first on NC Policy Watch. [...]

Spotlight on Journalism

We invite you to join a special celebration of investigative journalism! The evening will feature Mike Rezendes, a member of the Pulitzer Prize-winning Boston Globe Spotlight Team known for their coverage of the cover-up of sexual abuse in the Catholic Church.

Tickets available NOW!

Spotlight On Journalism

This event will benefit NC Policy Watch, a project of the North Carolina Justice Center. Sponsorship opportunities available now!

Featured | Special Projects

NC Budget 2017
The maze of the NC Budget is complex. Follow the stories to follow the money.
Read more


NC Redistricting 2017
New map, new districts, new lawmakers. Here’s what you need to know about gerrymandering in NC.
Read more