N.C. Supreme Court upholds Appeals Court ruling on election board composition

Last Friday, in a 5 -2 decision along party lines, the North Carolina Supreme Court declined to intervene in the Appeals Court decision to uphold the law, allowing the State Auditor to appoint the North Carolina State Board of Elections, instead of the Governor.

• The decision issued by the Supreme Court explained how North Carolina law allows the General Assembly to broadly assign duties across the Council of State, a body composed of elected statewide officials, unless specifically prohibited by the State Constitution.

  • The Supreme Court further clarified that the lower court erred in its interpretation of North Carolina law regarding the Governor’s authority.

Tim’s Take: The decision by the Supreme Court signals that the Republican majority on the Court will likely uphold the legislation shifting the responsibility for executive powers across the Council of State, unless explicitly prohibited by the North Carolina Constitution. In the short term, this decision solidifies the newly appointed Republican majority on the North Carolina State Board of Elections. In the long term, the General Assembly will have increased latitude to modify executive powers across the Council of State.