North Carolina GOP looks to weaken governor's power again
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The North Carolina governor's office is one of the weakest in the country, and the state's Republican legislature wants to strip away even more power in the waning days of its GOP supermajority.
Why it matters: A new proposal, branded as a disaster relief bill, could transform how the state administers elections and sets rates that public utilities like Duke Energy can charge customers by changing who oversees and makes appointments to various state agencies.
Driving the news: State lawmakers are voting this week on sweeping legislation that includes changes to some of the governor's powers, allocates funding to Hurricane Helene relief and child care stabilization grants, extends some concealed handgun permits and more.
Between the lines: Republicans are less than two months away from losing veto-proof supermajorities in the state legislature, which would have given them the ability to override objections from Democratic Gov.-elect Josh Stein, who will replace the sitting Democratic Gov. Roy Cooper.
What's inside: Should the bill become law, it will transfer $227 million to the state's Helene disaster recovery fund, $100 million for a loan program for water and wastewater repairs after Helene and $100 million for loans to local governments in areas affected by the storm.
- Separately, it will allocate $33.75 million to continue funding through March for childcare stabilization grants, for which federal funding expired in July.
Zoom in: One of the most controversial parts of the bill is a measure that would transfer the North Carolina State Board of Elections to the office of the State Auditor, stripping the governor's office of its appointment powers to the board.
- Come January, the state auditor's office will be held by a Republican for the first time in nearly 15 years. Republican UNC Board of Trustees member Dave Boliek will replace outgoing Democratic State Auditor Jessica Holmes, who lost to Boliek this month.
- The change will wrest control of the elections board from Democrats, as the governor currently appoints three of the five board members.
- The legislation would also give the state auditor, rather than the governor, the power to appoint a chair to each county board of elections.
The legislation would also:
- Curb the power of the state attorney general, a seat that will be held by Democratic Congressman Jeff Jackson come January, including by blocking the AG from taking any positions contrary to the legislature, as sitting Stein has during his time as AG, or participating in court actions in other states that could invalidate state laws.
- Block the state superintendent, a seat that will be held by Democrat Mo Green, from appealing decisions of the state's Charter Schools Review Board.
- Make the State Highway Patrol an independent department, rather than under the Department of Public Safety that's part of the governor's administration. The governor will still appoint the head of the agency for a five-year term, but the appointee would need to be confirmed by the legislature.
- Allow the governor just two appointments to the utilities commission, which sets public utility rates, rather than three.
- Strike from state law a requirement that election officials count absentee ballots on Election Day. They will also be required to announce a tally of all absentee ballots by the close of business on the third day after the election.
- Repeal the Energy Policy Council, which advises the governor and legislature on policy that "addresses domestic energy exploration, protects the environment and encourages economic development."
- Specify that election officials must count absentee ballots continuously "until completed, and the members shall not separate or leave the counting place except for unavoidable necessity."
Three Republican lawmakers from western NC voted against the legislation.
What they're saying: Stein accused GOP lawmakers of "grabbing power and exacting political retribution," in a post on X Tuesday.
- "Shortchanging disaster recovery right now will have serious consequences for years to come," Cooper said on X. "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."
The big picture: The legislature's move to further limit the governor's power in a lame-duck session is hardly unprecedented.
- Weeks ahead of Cooper's first term in 2016, the GOP-majority legislature passed legislation that required governor cabinet appointees to receive Senate confirmation. Outgoing Republican Gov. Pat McCrory signed that legislation into law just before leaving office.
- McCrory also signed a bill at the time that would have shrunk the state elections board from five members to four — a move that was ultimately deemed a violation of the state's separation of powers rules, per WRAL.
What's next: The state House passed the legislation, which was unveiled just hours before the chamber's vote, on Tuesday, and the Senate is slated to do so Wednesday.
Editor's note: This is a developing story. We'll update as we learn more.