Judge Delays N.C. Elections Board Law After Lawsuit Filed By Gov.-Elect Cooper

Governor-elect Roy Cooper holds a press conference to complain about efforts by Republicans to cut the power of the Governor's office during the special session of the General Assembly that is going on a few blocks away on Thursday, Dec. 15, 2016.
Governor-elect Roy Cooper holds a press conference to complain about efforts by Republicans to cut the power of the Governor's office during the special session of the General Assembly that is going on a few blocks a... Governor-elect Roy Cooper holds a press conference to complain about efforts by Republicans to cut the power of the Governor's office during the special session of the General Assembly that is going on a few blocks away on Thursday, Dec. 15, 2016. MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

A judge blocked a recently-passed North Carolina law that remade its elections board system from taking effect while a lawsuit filed Friday by the Governor-elect Roy Cooper (D-NC) challenging the law proceeds, the News and Observer reported.

After a one-hearing Friday on Cooper’s emergency request to pause the law’s implementation, Wake County Superior Court Judge Donald Stephens issued an order delaying the law—which was set to be implemented on Sunday—from taking effect at least until next Thursday, when another hearing on the lawsuit has been scheduled, according to the News and Observer.

The law, passed by the legislature’s Republicans in a controversial special session after Cooper’s victory over Republican Gov. Pat McCrory (NC), would dismantle the North Carolina’s State Board of Elections and merge it with the state’s ethics board. Previously, the state’s governors were able to appoint three of the elections board’s five members from his or her own party, with members of the minority party taking the other two spots. Under the new regime, the board would be expanded from five to eight members with a bipartisan split four-to-four. In even years—which are typically election years—the board would be chaired by a Republican, while Democrats would hold the chairmanship in the odd years.

It was just one of a number of laws passed by Republicans in the special session that stripped the incoming governor of his powers.

Cooper’s lawsuit said the elections board changes was a violation of the state’s constitution.

“The General Assembly passed a bill that, among other things, radically changes the structure and composition of the executive agency responsible for administrating our state’s election laws,” the lawsuit said, according to the News and Observer. “Those changes are unconstitutional because they violate the separation of powers provisions enshrined in the North Carolina Constitution by shifting control over that agency away from the governor to the General Assembly.”

Latest Livewire

Notable Replies

  1. A blatant power-grab by the right-wing neofascists.

    Thank Dog the judge has a brain.

  2. Thank the FSM that at least 1 D has some guts and does’t follow hillary’s example of slinking off to a well feathered nest.
    Or
    schumers example of surrendering and becoming a rethuglican leader of the D’s minority in senate as he embraces the usurpers agenda.

  3. Bullshit---just like everything you post.

  4. McRory/GOP: We messed up by not stripping Democrat judges to be part of our justice system. Only Republican Judges should hear all court cases at all levels.

  5. Avatar for krux krux says:

    I’m cheering that there were some grounds that they could file this lawsuit on. Such complete and utter BS move from the Republicans.

    And that there was a remotely ethical judge there to respond.

Continue the discussion at forums.talkingpointsmemo.com

64 more replies

Participants

Avatar for system1 Avatar for steintr Avatar for ajaykalra Avatar for amytales Avatar for calgacus1 Avatar for clunkertruck Avatar for micaiah Avatar for asanders91360 Avatar for kufpu Avatar for irasdad Avatar for chelsea530 Avatar for rational Avatar for midnight_rambler Avatar for thunderclapnewman Avatar for tena Avatar for edhedh Avatar for machoneman Avatar for j.dave Avatar for just_between_us Avatar for katscherger Avatar for krux Avatar for rick55 Avatar for jadez Avatar for aiddon

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: