fbpx

BREAKING: 3-judge panel rules Board of Elections, Ethics Enforcement structure unconstitutional

A three-judge panel ruled the evening before early voting that Republican lawmakers unconstitutionally restructured the State Board of Elections and Ethics Enforcement after Gov. Roy Cooper was elected.

Provisions of a state law restructuring the State Board (including its executive director and chairperson) and county boards of elections violates the separation of powers clause in the Constitution by diminishing the Governor’s control over the agency, according to the 2-1 opinion released after 5 p.m. Tuesday.

Judges Jesse Caldwell III, a Democrat who presides in Gaston County and Todd Burke, a Democrat who presides in Forsyth County signed the opinion. Judge Jeffery Foster, a Republican who presides in Pitt County, wrote a dissenting opinion noting that he believed the issues were political questions and therefore nonjusticiable.

The split decision enjoins the parts of the law ruled unconstitutional but suspends that injunction until after the November election is certified so the election process can continue without interruption.

It’s not immediately clear if GOP legislative leaders will appeal the decision. There is a proposed constitutional amendment on the ballot that also restructures the State Board.

The State Board currently consists of nine members — four Democrats, four Republicans and one unaffiliated voter. The executive director is Kim Strach, who was appointed by former Republican Gov. Pat McCrory. County boards are composed of four members evenly divided by Republicans and Democrats.

The proposed constitutional amendment would eliminate the unaffiliated representation on the State Board and give the legislature more appointment power over the agency.

Read Tuesday’s full court opinion below:

3-judge panel order NCSBE by NC Policy Watch on Scribd

Load More Related Articles
Load More By Melissa Boughton
Load More In Courts & the Law

Top Stories from NCPW

  • News
  • Commentary

Gorgi Talevski did not live long enough to see his case argued before the U.S. Supreme… [...]

As the LGBTQ community observed Transgender Day of Remembrance last week, it woke to further losses.… [...]

The U.S. Department of Veterans Affairs is processing claims at the fastest rate in its history,… [...]

Encouraged by six victories — and zero defeats — in this month’s midterm elections, abortion rights… [...]

It’s an age-old, chicken and egg discussion: Is it extant societal forces of exclusion, hatred and… [...]

The post At the corner of Partisan and Politics appeared first on NC Policy Watch. [...]

Maybe the change was an inevitable byproduct of our current charged and contentious era. Maybe it… [...]

The post Swift action appeared first on NC Policy Watch. [...]

REPUBLISHING TERMS

You may republish this article online or in print under our Creative Commons license. You may not edit or shorten the text, you must attribute the article to The Pulse and you must include the author’s name in your republication.

If you have any questions, please email [email protected]

License

Creative Commons License AttributionCreative Commons Attribution
BREAKING: 3-judge panel rules Board of Elections, Ethics Enforcement structure unconstitutional