Courts & the Law

Supreme Court ruling spurs letters between attorneys for Cooper, Elections/Ethics Board

The merged Board of Elections and Ethics Enforcement will continue to perform clerical and administrative tasks necessary to meet all deadlines imposed by all the courts involved in litigation, according to a letter sent to Gov. Roy Cooper.

The state Supreme Court last week struck down a law merging the two agencies — the Board of Elections and the Ethics Commission — which have operated together since April. It sent the case back down to the lower court for a final judgement “not inconsistent” with its decision, which was made along party lines.

In the meantime, the Board will continue to function as it has under the law that was struck down.

Cooper’s attorney, William McKinney, sent a letter Monday reminding the Board that until a final judgement is entered by the lower court (they won’t get the case until Feb. 15), they must “halt all activity relating to, or in support of, the merger of the State Board of Elections and the State Ethics Commission.”

“Moreover, the staff should refrain from taking any substantive action with respect to elections or ethics law policy decisions,” the letter states.

The Board’s attorney, Josh Lawson, replied Wednesday to McKinney’s letter. He enclosed a copy of the current elections schedule (not yet reflecting redistricting or reinstated judicial appellate primaries).

“Operation of day-to-day functions regarding elections, campaign finance, ethics compliance remain ongoing,” Lawson wrote. “The Agency’s civil staff continue in service to our State consistent with Board policies and will undertake no effort to avoid any order effectuating the decision of our Supreme Court.”

You can read both letters in full below.

SBE Letter by NC Policy Watch on Scribd

Correspondence (McKinney) 2018-1-31 by NC Policy Watch on Scribd

Check Also

Committee to consider ‘various changes related to election laws’

UPDATE: This committee meeting was cancelled at the ...

Top Stories from NCPW

  • News
  • Commentary

In one of the largest campaign donation forfeitures in state history, 48 improper donations from the [...]

Friends, neighbors, colleagues of commission chairman Jim Womack submit nearly identical letters cla [...]

When N.C. House Speaker Tim Moore and Senate President Pro Tem Phil Berger addressed reporters last [...]

Big corporations and wealthy executives have been on quite a run. Corporate profits are at historic [...]

There are a lot of important statistics that confirm just how out of whack the U.S. economy has grow [...]

The post Bite the Apple & NC’s HB2 Legacy appeared first on NC Policy Watch. [...]

When I headed off to college, I could not have predicted that many of the funding streams, positions [...]

For those who pay only periodic attention to the ins and outs of lawmaking in the North Carolina Gen [...]

Now hiring

NC Policy Watch is now hiring a Managing Editor – click here for more info.