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NC Court of Appeals Upholds Transfer of Election Powers to State Auditor

The 2-1 ruling lets State Auditor Dave Boliek appoint election boards, shifting control to Republicans as the 2026 midterms approach.

  • On Wednesday, the North Carolina Appeals Court ruled that a 2024 law transferring election board appointment powers from the Governor to State Auditor Dave Boliek is constitutional, reversing a lower court decision that had blocked the shift.
  • Senate Bill 382, passed by the General Assembly in 2024, transferred these appointment duties from the Governor to the Auditor, ending a practice where the state's chief executive held appointment authority for the State Board of Elections for over 100 years.
  • The 2-1 party-line ruling held the legislature did not violate the separation of powers clause since authority remained within the executive branch, though Judge John Arrowood dissented, arguing that election enforcement constitutes a core gubernatorial duty.
  • Boliek has already utilized this authority to replace election board majorities, shifting all 100 local boards and the state board from Democratic to Republican control, a move Governor Josh Stein criticized as a partisan effort.
  • Governor Stein intends to appeal the decision, having inherited the lawsuit from former Governor Roy Cooper, while the court majority noted the General Assembly retains power to reassign these duties again based on future political shifts.
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Watauga DemocratWatauga Democrat
+4 Reposted by 4 other sources
Lean Left

Appellate court rules on merits, keeps appointments with auditor

(The Center Square) – Election board appointments will remain with the state auditor in North Carolina, the state Court of Appeals says.

·Calhoun, United States
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  • 36% of the sources lean Left, 36% of the sources are Center
36% Center

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Courthouse News Service broke the news in Pasadena, United States on Wednesday, September 16, 2026.
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