North Carolina Gov. Josh Stein sued Friday to block part of a Republican-led law that limits who he can appoint to vacancies on state courts.
Senate Bill 382, passed late last year, requires the governor to fill a vacant seat on the Court of Appeals and state Supreme Court with a candidate who belongs to the same political party as the previous occupant of that seat. That means if a seat previously held by a Republican judge becomes vacant, Stein — a Democrat — would be required to appoint a Republican in their place.
The procedure veers from the North Carolina constitution, which simply says that the vacancies will be filled “by appointment of the governor.” Stein would instead receive a list of candidates provided by the political party, and be required to select one of them.
If the law remains in effect, it provides a statistical advantage for Republicans, who hold 12 of 15 seats on the Court of Appeals and five of seven seats on the Supreme Court (pending the results of an ongoing race contested in court).
“Absent a constitutional amendment approved by the people, the constitution leaves no room for the legislature to place restrictions, qualifications or limitations on the governor’s power to fill judicial appellate court vacancies,” attorneys for Stein argue in the lawsuit.
Lawmakers have sought such a constitutional amendment in the past. In 2018, voters shot down a proposal that would have created a commission that sent a list of nominees to the legislature. That list would be narrowed to two nominees and presented to the governor.
Friday’s lawsuit also takes aim at language that strips the governor from appointing one member of the North Carolina Utilities Commission, as well as appointing its chair.
Stein’s suit is filed against Senate President Pro Tem Phil Berger (R-Rockingham) and new House Speaker Destin Hall (R-Caldwell) in Wake County court. Stein, Hall and Berger’s offices did not immediately respond to requests for comment on the suit.
The GOP leaders, along with other party colleagues, have defended the law as a necessary series of changes to governance. Democrats have called it a “power grab” conducted after they won control of multiple statewide office in November.
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.
Republican lawmakers in North Carolina approved wide-ranging legislation Wednesday that was billed as another round of hurricane relief, but instead primarily shifts power within state government away from Democratic officials.
Senate Bill 382 is advertised as the third round of relief for western North Carolina after Hurricane Helene caused unprecedented damage in the state’s western counties. But it provides just a fraction of the spending allocated in the previous packages — instead making major changes to the distribution of power within the executive branch.
It passed the Senate on Wednesday on a 30-19 party-line vote, ending a fast-tracked legislative process of a 131-page bill that did not become public until an hour before debate began on Tuesday.
The bill previously passed the House 63-46, with three Republicans who represent districts in western North Carolina joining Democrats in voting ‘no.’
It now heads to Gov. Roy Cooper’s desk. He blasted lawmakers on Wednesday for using “financial crumbs to cover for massive power grabs.”
He could veto the legislation; an override in the House would likely require opposing Republicans to change their votes.
Republicans backing the bill have argued it takes another measured step in the state’s response to Helene, pointing to hundreds of millions of dollars approved in prior aid packages.
They urged patience with billions of federal dollars likely coming down the pipeline in the coming months.
“We are going to have to walk the straightest of lines to make sure that we maximize every dollar that we can put into this,” said Deputy Senate President Pro Tem Ralph Hise (R-Mitchell).
“Everything that we’re trying to force out early by saying that we’re not doing anything in western North Carolina is challenging our actual ability to recover from this storm.”
Republicans say many of the bill’s changes to state law and government are needed fixes, such as language that would shorten deadlines for absentee voting and ballot counting.
“The purpose of these changes is to ensure a timelier resolution of election outcomes,” Hise said, referencing vote counts that “drag on for two weeks” — like an ongoing state Supreme Court race in which a Democrat leads.
Democrats continued to blast the legislation on the Senate floor Wednesday, accusing Republicans of distorting hurricane relief for political gain.
“It would have been easy to break out the Hurricane Helene portions of this bill from the rest of the bill that takes purely partisan aim at the pillars of our democracy,” said Sen. Julie Mayfield (D-Buncombe). “But that is not the decision that was made.”
Sen. Mary Willis Bode (D-Granville) said the bill was the Republicans’ attempt at “injuring the other team’s players in the final minutes of a game they know they’re going to lose.” And Sen. Lisa Grafstein (D-Wake) called it “a sign of weakness.”
“We just came to make these pen swipes and act like we’re here doing something, when all we did was move money from one pot to another,” Grafstein said.
Opponents to bill ejected during Senate debate
While Republicans ticked through the bill on the Senate floor, opponents in the gallery quietly booed and displayed thumbs pointing down.
And after they cheered for a Democrat’s speech, Lt. Gov. Mark Robinson — who presides over the Senate — ordered a 10-minute break “while these immature people are taken out.” As they were escorted out of the gallery, they shouted “shame” and “fascists.”
Two of the demonstrators, Navy veteran Kelly Parrish and her friend Nancy Nice, came out to denounce what Parrish called a “power grab” by Republicans.
“Republicans can’t win without cheating,” Nice said. “It’s a shell game, too. They just want the news that they’re gonna have some money for western North Carolina — but it’s no new money for western North Carolina.”
Parrish — who held up a sign reading “Stop Hurting Helene Victims” before being escorted out of the gallery — added she was “sorry to see” the protest was not as large as in 2016, when a similar bill stripped Cooper, the then-incoming governor, of many of his powers.
“Democracy dies in the dark. I mean you just cannot let them win,” she said.
What the bill allocates for Helene relief
The bill allocates a total of $252 million for Hurricane Helene relief — but provides few new uses for the money.
“Except as otherwise provided in this act, the funds shall remain unspent until appropriated by an act of the General Assembly,” the bill reads. “It is the intent of the General Assembly to review funding and to consider actions needed to address remaining unmet needs.”
Few line-items in the bill deal specifically with hurricane recovery:
$50 million for ReBuild NC, which continues to face scrutiny as it runs a deficit and struggles to finish building replacement homes from Hurricanes Matthew and Florence.$33.75 million for child care center grants, to fend off closures of centers in the mountains.$25 million for debris removal.$2 million for support to soil and water conservation districts in affected counties.
Asheville-area lawmakers, business owners say regional crises loom large
Democrats from Buncombe County, which saw some of Helene’s worst damage, warned Wednesday that without more robust state aid, Asheville and western North Carolina will see its economy suffer and population drain.
Soon, Mayfield warned, crises will compound. A lack of money flowing to businesses means many will close, leaving thousands without work and unable to pay rent. Many of those people would likely leave the region.
“We’re losing the people who make our city run,” Mayfield told reporters at a press conference. “And when they’re gone, they’re gone.”
Several Asheville-area business owners urged lawmakers to revisit a grant program for small businesses.
Previous aid packages have allocated money for a state loan program, but regional leaders have said that’s not enough to meet needs.
“We know that the flood happened,” said J. Hackett, the founder of Black Wall Street in Asheville. “We know that the damage was done. What we don’t know is what the rest of the state is going to do to assist those that are most vulnerable right now.”
‘Nothing for western NC’: Why one House Republican voted ‘no’
Three House Republicans opposed the bill Tuesday: Majority Whip Karl Gillespie (R-Macon), Rep. Mike Clampitt (R-Swain), and Rep. Mark Pless (R-Haywood). All represent districts in western North Carolina.
“The bill appears to do nothing for western NC,” Pless wrote in a statement Wednesday. “There were so many issues being addressed in the bill it was impossible to gain an understanding of what the bill will do across NC. I am not going to vote yes unless I can understand and agree with what the bill does.”
Pless also said he was upset with the lack of process around the 131-page bill, noting that he did not have the opportunity to review it until Tuesday morning.
He added that he is unsure how he would vote on an override of a potential veto from Cooper and will “read and study the bill” further in the interim.
“I will make that decision when the time comes to cast my vote on the override,” he wrote.
Gillespie and Clampitt did not respond to requests for comment.
Cooper has not yet stated whether he will veto the bill, though he has repeatedly condemned legislators for “shortchanging disaster recovery” while prioritizing “power grabs.”
As Republicans only hold a precise 3/5 supermajority in the state House, opposition from any of the three lawmakers would be enough to prevent lawmakers from overcoming a veto if all Democrats are present and voting to sustain the veto.
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.
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.”
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.
