North Carolina GOP strips power from governor, attorney general
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In one of North Carolina Republicans' final acts with unchecked power in the state legislature, GOP lawmakers ushered into law Wednesday legislation that strips power from the governor, attorney general and state superintendent — all offices that will be held by Democrats come January.
Why it matters: The move will help Republicans tighten their grip on the state, despite the party's losses in some key races in the November election.
- It will also transform how the state administers elections, sets rates that public utilities like Duke Energy can charge customers and makes appointments to various state agencies.
State of play: Democrats netted one state House seat in the November elections, breaking Republicans' veto-proof supermajority and thus the GOP's ability to override objections from Democratic Gov.-elect Josh Stein, who will replace the outgoing Democratic Gov. Roy Cooper.
Catch up quick: The Republican-led legislature moved quickly after the election to pass sweeping legislation, branded as a disaster relief bill, that limits incoming Democrats' powers in the waning days of its supermajority.
- The bill allocates some funding to Hurricane Helene relief, as well as child care stabilization grants, extends some concealed handgun permits and more.
- Cooper vetoed the legislation, and the state Senate successfully overrode his veto last week.
Friction point: When the state House returned to Raleigh Wednesday, it was unclear if Republicans had the votes to override Cooper's veto. Some expressed concerns about the bill's small amount of hurricane relief funding.
- Senate Bill 382 was "rushed to the floor for consideration," and did little for western North Carolina three weeks ago, state Rep. Mark Pless, who was one of three western North Carolina Republicans who voted against the bill initially, said in a statement.
- After spending time examining the bill, Pless said, "I am convinced there is a path forward and money will be available next quickly to provide help the people of Western North Carolina."
Driving the news: Every single House Republican, including Pless, ultimately fell in line.
- "I just don't know how us putting a stop to this $250 million today gets us any more tomorrow," state Rep. Dudley Greene, whose home in the mountains was destroyed in Helene, said Wednesday.
What's inside: The now-law transfers $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 allocates $33.75 million to continue funding through March for childcare stabilization grants, for which federal funding expired in July.
- Some North Carolina cities are also concerned the legislation could limit how they handle growth by removing some zoning and land-use powers from cities.
Zoom in: One of Democrats' biggest objections to the legislation is a measure that transfers 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.
- The state auditor's office will be held by a Republican, UNC Board of Trustees member Dave Boliek, for the first time in nearly 15 years beginning in January.
- Boliek will now appoint three members to the state board, though no more than three members will be of the same political party, and a chair to each county board of elections.
The legislation will also:
- Curb the power of the state attorney general, a seat that will be held by Democratic Congressman Jeff Jackson, 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.
What they're saying: Stein called the measure a "power grab" in a statement. "It is despicable for the Republicans in the General Assembly to use folks' incredible need for aid to cloak their political pettiness. The legislature needs to step up and do its job. If they do, they will find a good faith partner in me."
What we're watching: If history is any guide, Democrats will file legal challenges in the near future.