NC Republican lawmakers move to curb power of statewide offices won by Democrats

Galen Bacharier, NC Newsline
20 November 2024
Democrat Josh Stein speaks after winning the North Carolina governor's race, in Raleigh, North Carolina, U.S., November 5, 2024. REUTERS/Jonathan Drake

Republicans in the North Carolina legislature moved swiftly Tuesday to reduce the authority of statewide offices that will be held by Democrats in the new year, fast-tracking a bill that makes major changes to state government’s structure and functions.

The bill was approved by the House of Representatives Tuesday evening on a vote of 63-46. Ten members were absent, and one member did not vote. Three of the “no” votes were Republicans. The Senate is expected to take up the measure on Wednesday.

Various sections of the 131-page proposal, which also includes a modest third round of funding to aid Hurricane Helene recovery, place new limits on the offices of governor and attorney general.

NC Newsline obtained a draft version of the legislation earlier Tuesday. The final bill, which contained only minor changes from the draft version, was not made public until about 5:30 p.m., after hours of on-and-off closed-door discussions.

The bill was written in secret, and since it was brought forth as a conference committee report, could not be amended. The original bill was a six-page measure that dealt with the state Dental Practice Act.

Rep. Donny Lambeth (R-Forsyth) said the bill includes many needed technical corrections and suggested additional funding for Helene recovery efforts might come next month.

“This is the third phase and there will be more and there will be a vetting process when we come back in December, you’ll see additional funds requested for disaster relief,” Lambeth said.

The bill provoked a firestorm of protests from Democrats who blasted the measure for focusing on stripping power from elected officials rather than helping people whose businesses and homes were devastated by Helene.

Republicans in the legislature are putting their political priorities over the needs of citizens, they said.

“We need the help now, and it doesn’t seem to be forthcoming,” said Rep. Eric Ager, a Buncombe County Democrat. “Speed really matters. People can’t wait for this help. Winter is here.”

Rep. Robert Reives, the House Democratic leader, said the bill is an abuse of power.

“I can’t even make this make sense in my head that we’re sitting here thinking that this is good law,” he said. “It’s going to be weeks before people figure out what’s in this bill.

The bill contains no housing assistance for western North Carolina Helene victims, said Rep. Caleb Rudow (D-Buncombe). The legislature appropriated $1 million for housing in a previous bill, he said, the same amount the city of Asheville has set aside.

Buncombe County has 797 children unhoused because of Helene, he said. “They need housing assistance.”

Rep. Lindsey Prather (D-Buncombe) said the bill failed to help small business owners who have been struggling for weeks. “This is a transparent power grab pushed through by a super majority that’s not happy with the recent election results, and you’re calling it a disaster relief bill. This is shameful, and Western North Carolina isn’t gonna stand for it,” Prather said.

Here’s what to know about the latest version.

Governor: No more election appointments, limits on judicial nominations

Under current law, the governor appoints members to the five-person State Board of Elections. The Republican plan shifts that authority to the state auditor’s office.

Dave Boliek, a Republican, won the race for auditor in November, flipping an office that had been held by Democrats since 2009. If the plan is made law, Governor-elect Josh Stein would be barred from shaping the state board.

Rep. Pricey Harrison (D-Guilford) said the sweeping bill was never vetted by committee and only served to undermine elections. “I don’t know that anybody when they were voting for the state Auditor thought that the state Auditor was now gonna oversee elections, but it is, she said. “That’s likely unconstitutional, but I guess we’ll find out once it gets litigated.”

A spokesperson for the state board told NC Newsline on Tuesday that it was likely to change the partisan control of the board to a “3-2 Republican split.” Read more about changes to the elections board, absentee voting and ballot counting here.

Rep. Grey Mills (R-Iredell) said the changes to election laws created more efficiency.

“Keep in mind that the auditor would not direct nor supervise management functions of the state board,” Mills said in defense of the bill. “I submit to you that the state auditor is the best place for the Board of Elections. Like the Board of Elections, the state auditor has a history of performing very important audits and investigations — just like our state board is charged with doing after every election.”

The bill would also limit the governor’s flexibility to appoint judges on the Supreme Court and Court of Appeals.

Nominees for a vacant post would be provided to the governor by the political party that the vacated judge was affiliated with. That means that Stein, a Democrat, would not be able to replace a Republican judge with a Democrat, and vice versa for a Republican governor.

The governor would still be able to appoint the person of their choosing for vacancies on superior courts.

Rep. Marcia Morey (D-Durham) noted the bill also would punish two Superior Court judges who had issued rulings that did not side with Republican lawmakers.

“At the end of their term, their seats are gone. And guess who they are? Wake County, Bryan Collins. Some people got upset about his ruling on a constitutional issue. Guess what Judge Collins, you’re out,” Morey said. “Todd Burke, Forsyth County, made a couple rulings on gerrymandering. Guess what Judge Burke? You’re out.”

Appointments to the five-member North Carolina Utilities Commission would also change. The bill reduces the number of appointments the governor can make from three to two, and grants the state treasurer (Brad Briner, a Republican, will take office in January) power to appoint one member.

Gov. Roy Cooper blasted the plan as a series of “power grabs” in a statement Tuesday.

“Shortchanging disaster recovery right now will have serious consequences for years to come,” Cooper said.

“Legislators have put forward a bill that fails to provide real support to communities hit hard by Hurricane Helene and instead prioritizes more power grabs in Raleigh. North Carolinians recovering from unprecedented disasters should strongly urge their legislators to do their jobs and help Western North Carolina rebuild.”

AG’s power to appear, argue against legislative leaders curbed

The Republican plan would significantly limit the attorney general’s role in lawsuits by and against the state and greatly restrict their ability to take action without the consent of General Assembly.

Attorney General-elect Jeff Jackson, a Democrat, would be barred from participating in any argument that would invalidate a state law passed by the North Carolina legislature.

It also exempts a number of agencies from requiring the AG’s permission before obtaining private attorneys: the Judicial Department and any agency that “is under the control of an official who is a member of the Council of State.”

Other changes to state government

The bill would make a long list of changes to an array of state programs and statutes, that includes:

It would make the state Highway Patrol an independent state department. Currently, it is part of the Department of Public Safety. The State Capitol Police would be placed under the new department.It would repeal the Energy Policy Council, which advises the governor and legislature on policy issues relating to domestic energy, environmental impact and economic development.It would make a variety of direct appropriations to various local governments, universities and nonprofits, including $2,000,000 in nonrecurring funds to the town of Red Springs to support the Emerging Technology Institute — a controversial Robeson County defense contractor.It would create and appropriate funds to establish a new program within the University of North Carolina called the Office of Learning Research, that would “identify and evaluate the efficacy and efficiency of programs, activities, initiatives, procedures, and any other factors related to elementary and secondary education in the State.”It would make changes to the law governing the distribution of tax proceeds from sports gambling.It would delay planned updates in the state building code by six months from January 1, 2025 to July 1.It would appropriate funds to the New Hanover County Schools ($3.2 million) and Davidson County School ($2 million) for an artificial intelligence “school safety pilot program.”It would establish a new public education program entitled “Advanced Teaching Roles” that would aim to link salary increases to “teacher performance and personal growth.”It would restrict the authority of local governments to rezone property in certain ways without the approval of the landowner.

Lynn Bonner and Clayton Henkel contributed to this report.

NC Newsline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. NC Newsline maintains editorial independence. Contact Editor Rob Schofield for questions: info@ncnewsline.com. Follow NC Newsline on Facebook and X.

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