Outgoing Gov. Roy Cooper (D-NC) and Gov.-elect Josh Stein (D-NC) filed an expanded lawsuit Monday to challenge a sweeping Republican-backed law that strips significant powers from the state’s incoming Democratic officeholders.
The move by the Democratic leaders escalates an ongoing legal battle over GOP efforts to reshape control of state agencies and boards ahead of next month’s transition.
The new legal action focuses on Senate Bill 382, which transfers the governor’s authority to appoint members of the State Board of Elections to the state auditor, a position set to be held by Republican Dave Boliek. Additionally, the law grants the auditor the power to appoint the leaders of all county election boards, further limiting gubernatorial influence.
“These blatantly partisan efforts to give control over election boards to a newly elected Republican will create distrust in our elections process and serve no legitimate purpose,” Cooper said in a statement.
The lawsuit was originally filed by Democrats over Senate Bill 749, a bill blocked earlier this year that would have overhauled the state election board structure. With SB 382 now law, Cooper and Stein are seeking to amend the lawsuit to reflect the changes, which they argue are unconstitutional and undermine democratic principles.
“In recent years, these legislative leaders have repeatedly tried and failed to seize control of the State Board of Elections for their own partisan gain,” Stein said. “This latest move insults the voters who rejected their power grab and must not stand.”
SB 382’s provisions extend beyond election oversight. It prohibits the incoming attorney general, Democrat Jeff Jackson, from taking legal positions contrary to those of the Republican-led legislature. It also reallocates $227 million to a Hurricane Helene relief fund but does not specify how the money will be used, raising concerns about delayed aid to affected communities.
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Republicans overrode Cooper’s veto of SB 382 earlier this month, using their supermajority in the state Senate. However, starting in 2025, they will lose their veto-proof majority in the House, creating a more challenging legislative landscape.
The case now heads to Wake County Superior Court as the political fight over North Carolina’s balance of power intensifies.