Courts & the Law, News

State Supreme Court takes on Cooper’s lawsuit over Board of Elections, Ethics merger

The North Carolina Supreme Court agreed Wednesday to expedite Gov. Roy Cooper’s appeal over the General Assembly’s law merging the State Board of Elections and the State Ethics Commission.

The state’s highest court will hear arguments at 9:30 a.m. Aug. 28 in Cooper v. Berger, et al. The Supreme Court’s decision to take the case bypasses a review by the State Court of Appeals.

A three-judge panel in Wake County Superior Court has heard the case twice; once ruling mostly in favor of the Governor and once dismissing the case altogether.

Senate Bill 4 was passed during a special session in December, and the three-judge panel struck down much of that law. Instead of appealing their ruling, Republican legislators rewrote the law this session and passed it as SB68, the law the Supreme Court will review.

Both bills abolish the longstanding State Board of Elections and State Ethics Commission and merge the two agency’s functions, along with campaign finance and lobbying functions. The difference between the two bills is that the eight-member “bipartisan” board under SB68 would require a five-member quorum (a simple majority) for election issues. SB4 required a six-member quorum. Ethics issues would still require a six-member quorum under the law in SB68.

The other difference is that Cooper will be able to appoint all eight members of the new board with recommendations from the two majority political parties. Members of the new board will be split between Democrats and Republicans. Cooper would not be able to choose the executive director of the Board.

Cooper has not yet appointed members to the new Board.

Check Also

Democracy NC reports: Early voter turnout rising

Democracy North Carolina is studying early voting every ...

Top Stories from NCPW

  • News
  • Commentary

Early voting has begun, and North Carolinians are turning out in droves at the polls. It’s a big yea [...]

Chief US District Judge Terrence Boyle, a New Jersey-born jurist known for his bristly disposition a [...]

More than two dozen people crowded into a conference room at the North Carolina Judicial Center Wedn [...]

If North Carolina goes forward with the recommendation to allow a private charter operator to take c [...]

The post Night of the Living Dead Issue appeared first on NC Policy Watch. [...]

On Monday night of this week, acclaimed education researcher Richard Rothstein spoke to community me [...]

There are a lot of strange – even downright bizarre – aspects to the ongoing effort by North Carolin [...]

The power of the vote extends beyond any single electoral outcome. It has the potential to lift up i [...]