On Wednesday, the North Carolina House voted to override Democratic Governor Roy Cooper’s veto of a GOP-backed bill, SB 382, by a margin of 72-46. The bill was passed by the Republican-controlled legislature in the final days of its veto-proof supermajority.
While it allocates some funds for hurricane relief, the legislation notably limits the powers of newly-elected Democratic Governor Josh Stein and Attorney General Jeff Jackson. The bill also introduces significant changes to election administration, which could complicate the election process in the state.
SB 382 has been criticized by Democrats for its provisions that strip power from the incoming Democratic officials. The bill has been labeled as an attempt by Republicans to retain control over critical government functions despite the outcomes of the November election, where Democrats gained substantial ground. State Rep. Pricey Harrison, a Democrat, voiced her opposition to the bill, stating that it failed to adequately address the hurricane relief needs while instead consolidating power in a way that could be unconstitutional.
Governor Stein, along with other Democrats, condemned the bill as a partisan power grab. He argued that the bill’s true purpose was not to provide disaster relief but to undermine the incoming Democratic administration’s ability to govern effectively.
Governor Cooper
Governor Cooper echoed these sentiments, calling the bill unconstitutional for various provisions, including taking away the governor’s power to make key appointments to several important state boards and commissions, including the Board of Elections, Utilities Commission, and Highway Patrol.
One of the most contentious aspects of the bill is the provision that grants Republican state auditor Dave Boliek authority over the five-member State Board of Elections, a power traditionally held by the governor. This move is unprecedented, as no other state auditor in the U.S. has been given such power. The bill also restricts the attorney general’s ability to take positions contrary to the General Assembly, further curbing the influence of the state’s top law enforcement official.
The bill also brings significant changes to the state’s election procedures, including a shortened timeframe for counting provisional and absentee ballots. This could make it more difficult for election officials to ensure all votes are counted properly, especially in high-turnout elections.
Critics, including Karen Brinson Bell, executive director of the State Board of Elections, have raised concerns about the lack of consultation with election staff, warning that the bill could make it nearly impossible for county boards of elections to fulfill their duties effectively. The Senate had previously voted to override the veto in a 30-19 vote earlier this month.
