The big power grab
Renée A. Price is a Representative in the North Carolina General Assembly, representing House District 50.
On October 25, 2023, the North Carolina General Assembly adjourned its 2023 long session, a session in which House and Senate Democrats, along with Governor Roy Cooper, witnessed one of the biggest power grabs in recent state history. The party in control, the Republicans, had succeeded in passing legislative acts and a state budget with provisions that arguably defy the checks-and-balance system that have been the bedrock of democracy and American government.
One case in particular is State Law 2023-139, No Partisan Advantage in Elections, previously Senate Bill 749, which removes the power of the Governor to appoint members to the State Board of Elections and all county boards of elections. The law grants that power instead to the North Carolina Legislature, meaning that legislative leaders would have complete authority to select persons to serve on all boards of elections.
In addition, it requires the State Board of Elections to have an even number of Democrats and Republicans, departing from the current system that allows the party of the sitting governor (currently Democrats) to appoint a majority of State Board members. Furthermore, the law changes the composition of all 100 county election boards to be four-member bipartisan boards appointed by lawmakers, making gridlock in decision-making—i.e., such as early voting sites and hours—more likely.
Governor Cooper promptly filed a state-level lawsuit arguing that State Law 2023-139 prevents the governor from exercising his/her constitutional duty “to ensure that the laws are faithfully executed,” since it deprives the governor of the ability to appoint members to the State Board of Elections. He also alleges that the new law violates the Separation of Powers Clause of the North Carolina Constitution. The court currently has blocked implementation of the law.
Another example of a power grab is State Law 2023-136, Increase Accountability of Public Boards and Commissions, previously SB 512. This law removes the power to appoint members to executive branch boards and commissions from the Governor and gives that power, again, to the legislative leaders. Democrats and like-minded advocates view this law as unconstitutional. Executive branch boards and commissions are responsible for such issues as clean air and water, public health, job creation and regulation of utility bills.
As a final example of the recent power grab, the 2023-25 State Budget, meant to be a spending plan, includes policy provisions that concentrate further power in the General Assembly, particularly at the expense of the authority of the Governor. This leaves legislative leaders—i.e., leaders of the majority party—with the power to appoint more judges. Previously, these judges were elected by the people. Another provision enables partisan influence over the Judicial Standards Commission.
Republicans refused to allow policy changes to be subject to substantive debate. Instead, these changes were simply rolled into financial appropriations, prohibiting any amendments by House Democrats.
Despite these challenges, Democrats in the North Carolina legislative, judicial and executive branches of government continue to advocate and argue for a democratic system. The voices of constituents and action by voters will be critical in bringing democracy to fruition in North Carolina.