In January, North Carolina’s governorship will shift to the Democrats, with Josh Stein taking office as governor, but the incoming administration will be significantly weakened by recent actions taken by the Republican-dominated state legislature.
The legislature has stripped away several key powers from the governor and other incoming Democratic officials, making the governor’s role less influential compared to other states. This reduction of executive power is part of a larger trend in North Carolina, where the General Assembly has historically worked to shift power away from the executive branch.
The new legislation impacts not just Stein but also other key officials, including the incoming lieutenant governor, attorney general, and superintendent of public instruction. Two major changes are particularly significant for Stein. First, he loses the authority to appoint members to the State Board of Elections, a responsibility now transferred to the state auditor, a Republican.
Second, Stein’s ability to appoint judges to vacant positions on the state Supreme Court and Court of Appeals is restricted, as the law requires him to choose from candidates nominated by the political party of the vacating judge, limiting his ability to alter the balance of power in the courts.
North Carolina Republicans Limit Incoming Governor’s Power with New Legislation Reducing Executive Authority
The new law also places additional burdens on incoming Attorney General Jeff Jackson, as he will now be required to defend any bills passed by the state legislature when they are challenged in court. This shift reflects the broader trend of diminishing the power of Democratic officials, despite their electoral victories in November.
While Gov. Roy Cooper vetoed the bill, Republicans had enough support in the state legislature to override the veto, marking this legislative action as their final opportunity to limit the governor’s power before losing their veto-proof majority in the House next year.
North Carolina’s weak executive branch is rooted in the state’s history, where the General Assembly has long held a dominant role in governance. This is not the first time Republicans have curtailed the power of incoming Democratic governors.
In 2016, Republicans similarly reduced Gov. Roy Cooper’s authority over the elections board and cabinet appointments. The trend of weakening executive power is not unique to North Carolina, as similar actions have occurred in other states, such as Wisconsin, where the Republican legislature sought to limit Democratic Gov. Tony Evers’s authority.
Looking ahead, the new law may face legal challenges, but with a Republican-majority state Supreme Court, it’s uncertain how those challenges will unfold. The new General Assembly, which convenes in late January, will continue to be dominated by Republicans, with only one vote separating them from a veto-proof majority in the House.
This sets the stage for ongoing battles between the legislature and the incoming Democratic administration, with tensions likely to escalate as both sides fight for control over state policy.
