While Washington is enveloped in battles over President-elect Donald Trump’s nominees, a different but equally raucous appointments battle boiled over this week just 300 miles down US-1 from the nation’s capital.
North Carolina Republicans, seeing their veto-proof supermajority slip away by a single legislative seat in the state House, are trying to override outgoing Democratic Gov. Roy Cooper’s disapproval of a bill that would move gubernatorial authority over the NC Board of Elections to the State Auditor’s office.
The Senate overrode the veto but not without an uproar that led to the gallery being cleared. The House is poised to attempt its complementary override, but the GOP’s plans have hit a snag there.
The proposal was part of a bill chiefly geared toward Hurricane Helene relief, and was lambasted by Democrats as a power grab, in part due to the fact the GOP flipped the executive branch office with Auditor-elect Dave Boliek – but failed to see their gubernatorial candidate, Lt. Gov. Mark Robinson best Gov.-elect Josh Stein.
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US-64 enters North Carolina from Tennessee near Hothouse, as a sign denotes the long drive across the state to the Outer Banks. (Charlie Creitz)
However, Robinson – as the Senate’s presiding officer – moved to clear the gallery after raucous protestations and chants of “Shame, Shame, Shame!” erupted above lawmakers preparing to vote on the veto override. Robinson has thus far had to do so twice, according to Carolina Public Press.
As the eventually successful vote was about take place, a woman shouted “[the law] destroys the will of the voter – it’s voter suppression!”
“It restructures the entire state constitution.”
Robinson, without raising his voice, spoke into his mic that the woman was “disrupting … the legislative process.”
When a gallery-watcher shouted that the bill lacked any “reasonable relief for hurricane victims,” Robinson banged his gavel and called out, “Clear the gallery.”
“Everybody’s gotta go,” he said, as police calmly ushered spectators out, threatening those who remained with arrest.
“You can bang that gavel,” one man was heard taunting Robinson as he left.
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North Carolina Lt. Gov. Mark Robinson. (AP Photo/Chuck Burton)
State Sen. Natasha Marcus, D-Huntersville, was heard on video captured by the Raleigh News-Observer calling out to Robinson that he could not clear the whole gallery, because many people were respectfully watching the vote, and saying the capitol is “the people’s house.”
Before he vetoed the bill, Cooper told NBC Charlotte that the legislation “really didn’t provide immediate and direct funding to western North Carolina” despite being labeled as Helene relief. He called it a “massive power grab.”
Jim Stirling, a research associate at the North Carolina-based John Locke Foundation, has done a deep dive into the controversy, and his group filed an amicus brief with lawmakers in a recent lawsuit related to the matter.
“It is not under the purview of the governor to execute all laws. The other executive agencies of the executive branch or indeed other executive elected officials are in charge of executing law. Not just the governor,” Stirling said.
“Under [Cooper’s] argument, he says effectively that all appointments must be under him because he’s in charge of executing the law, and he has the power of appointment on this.”
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Overriding the veto, however, could render part of the lawsuit moot, he said.
The lawsuit will “probably need to be restarted based on the argument that these appointments must be under the governor, not any other executive agency (like the auditor),” he said.
Neither Cooper nor Robinson responded to a request for comment.
In moving election boards’ appointment power to the state auditor’s office, the state board’s activities would remain independent of Boliek and the executive branch, but his office would control its appointments and funding, according to NBC Charlotte.
What would change would be the current Democratic control of the elections board, an official told the outlet. The state auditor would also be able to appoint chairpersons in all 100 Tarheel State counties.
Currently, Cooper – and would-be Stein – also appoint the state board’s members, who must consist of three majority-party and two minority-party individuals.
Attempts to move appointment powers away from the governor’s office have been subject to lawsuits in recent months and years. The most recent ruling, in Cooper v. Berger, held that an attempt to move appointment powers to the legislature unlawfully infringed on the executive branch’s express power in that regard.
A prior case, McCrory v. Berger – bearing the name of Cooper’s predecessor, Republican Gov. Patrick McCrory – resulted in a state supreme court ruling holding that some appointments made by legislators violate separation of powers.
In the state House, three Republicans from the Helene-ravaged western part of the state voted against the bill, with one, Rep. Mark Pless of Canton, saying it had nothing “that was going to send money to the many needs in Western NC – it was simply moving money from one account to another.”
Pless, however, said the election board appointments portion appears “allowable by the legislature,” according to FOX-8. The veto-override in the lower chamber, therefore, could come up just short if the trio do not change their original positions.
