The newly elected North Carolina Democratic Gov. Josh Stein and current Democratic Gov. Roy Cooper filed a lawsuit against the GOP-controlled state legislature’s leadership on Thursday evening, over a recently implemented piece of legislation designed to strip power from incoming state level Democrats.
In the final days of its veto-proof supermajority, the Republican-controlled legislature passed a sweeping bill known as SB382, which was presented as a hurricane relief bill that included provisions to water down the authority of both Stein as well as newly-elected Democratic Attorney General Jeff Jackson. The bill also radically reconfigures the way that elections are run throughout the state, making it harder for election officials to carry out their responsibilities in future elections.
“Just days after the voters overwhelmingly chose Governor-Elect Stein to be their chief executive for the next four years, the leadership of the North Carolina General Assembly used a purported hurricane relief bill to curtail, in significant ways, core executive and law enforcement responsibilities that, under our Constitution, pass to Governor Stein on January 1, 2025,” the lawsuit reads.
In the lawsuit, which was filed in Wake County Superior Court, plaintiffs claim that the law violates the North Carolina Constitution’s “foundational guarantee of separation of powers” and asks the court to block the law. The lawsuit focuses specifically on a section of the law that permits the state legislature to deny Stein’s choice for commander of the State Highway Patrol. As it stands now, Highway Patrol is under the authority of the Department of Public Safety, the leader of which is chosen by the governor. The new law would make the Highway Patrol an independent department. The lawsuit focuses on this specific element of the new law, as an illustration of the many safety issues this power grab presents.
“In situations like emergency response, where effective executive authority is critical to public safety, separation of powers ensures a clear and unified chain of command with the Governor at the apex,” the complaint reads. “That clarity helps keep people safe.”
“Incredibly, Senate Bill 382 prohibits the Governor or anyone else from removing the legislatively appointed Commander for any reason—even if he were to commit serious criminal misconduct,” the lawsuit reads. “Moreover, Senate Bill 382 threatens the safety of North Carolinians by eliminating the Governor’s powers of supervision and removal over the Commander.”
The new law also gives the newly-elected Republican state auditor, Dave Boliek, power over the state’s five-member state election board — a responsibility that is typically granted to the governor. Additionally, the law prohibits the attorney general from taking positions that are contrary to the general assembly.
In terms of election changes, SB382 shortens the window for the counting of provisional ballots from a 10-day time period, to a three-day window. The legislation also shortens the amount of time voters have to cure ballots, and compresses the timeframe administrators have to count absentee ballots.
“Today, Governor Cooper and I have taken legal action to stop the legislature’s unconstitutional and dangerous power grab,” Stein wrote in a post on X on Thursday. “This law threatens public safety, fractures the chain of command during a crisis, and thwarts the will of voters. Our people deserve better than a power-hungry legislature that puts political games ahead of public safety.”
Earlier this month, Cooper vetoed the bill, which he called a “sham” and as “playing politics.”
In response, however, the Senate, while it still holds a supermajority, voted to override Cooper’s veto. And on Wednesday, the House followed suit, also voting along party lines to override Cooper’s veto.
“Western North Carolina small businesses and communities still wait for support from the legislature while Republicans make political power grabs the priority,” Cooper wrote on X following the Wednesday vote.
Additional lawsuits focused on different parts of the legislation are expected in coming days.
