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.
15 Articles
15 Articles
NC GOP Wins Battle To Seize Control Of Election Board
Courthouse News reports: A 2024 law stripping the North Carolina governor of the long-held role of appointing members to the state board of elections is constitutional, a panel of state appellate judges decided Wednesday. The 2-1 ruling reverses a lower court decision finding the law — passed in the 2024 lame duck session — was … The post NC GOP Wins Battle To Seize Control Of Election Board appeared first on Joe.My.God..
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.
Appeals Court upholds transfer of NC elections appointments to Boliek
The North Carolina Court of Appeals has ruled, 2-1, that state legislators had the authority to move elections board appointments from the governor to State Auditor Dave Boliek. Boliek has been overseeing board appointments since May 2025.
NC Court of Appeals upholds transfer of election powers to state auditor
RALEIGH, N.C. (WNCN) -- The North Carolina Court of Appeals ruled Wednesday that lawmakers did not violate the state constitution when they transferred authority over elections board appointments from the governor to the state auditor. The 2-1 decision reverses part of a lower court ruling that found a 2024 law was unconstitutional that transferred the [...]
GOP 'power grab' as North Carolina court hands elections to far-right auditor
The North Carolina Appeals Court has cemented the state legislature's "power grab" over elections, taking control from the State Board of Elections and handing it to Republican State Auditor Dave Boliek a local reporter said. WRAL reporter Will Doran said on X on Wednesday that the court said that since the legislature didn't hand power to itself, it was a legal move. Doran noted that elections will be run by someone other than the executive bra…
Politically divided NC court panel upholds GOP takeover of state elections board
The 2-1 decision by the North Court Court of Appeals, with Republicans in the majority, allows a GOP-backed effort to seize control of elections from Democratic Gov. Josh Stein to stay in place.
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