State Watch

North Carolina governor sues Republicans over election rules change

North Carolina Gov. Roy Cooper (D) sued Republicans over a state Senate bill that changed election rules in the state.

Cooper’s lawsuit, filed against President Pro Tempore Phillip Berger, Speaker of the House Timothy Moore and the state of North Carolina, said they showed a “flagrant disregard” for constitutional principles that establish separation of powers in state government and the executive powers granted to him as Governor.

“It also fails to respect fundamental principles of representative government and the basic guarantees of the North Carolina Constitution, thus requiring the Governor to again secure the constitutional rights of his office and protect the constitutional powers allocated to the executive branch of state government by the people,” reads Cooper’s lawsuit, which was filed in Wake County.

The bill in question, SB 749, overhauled the state’s elections by establishing bipartisan election boards. State and county elections boards will now be controlled by an equal group of appointed Democrats and Republicans, which could create gridlock when deciding early-voting locations or certifying election results. The governor’s office previously oversaw who sat on the board.

Republican state lawmakers hold a three-fifths majority in the state, which gives them the power to override Cooper’s vetoes.


Cooper likened the Republicans to Gollum from the “Lord of the Rings,” saying they are “possessed by the power” from their positions, adding that the bill makes drastic and intrusive changes to the state’s board of elections.

The state Legislature also overrode another elections bill that Cooper vetoed, which would reduce the time an absentee ballot can be received for it to count. It has several other measures that would result in fewer ballots being counted, advocates say.

Cooper expressed concern that the change implemented by the new board will reduce early voting opportunities and create longer lines at the polls.

“It will also undermine fair elections and faith in our democracy by sending disputes to our highly partisan legislature and courts,” Cooper said in a statement.

In 2018, the state Supreme Court rejected the proposal from Republicans. They then attempted to amend the constitution, but voters rejected the idea.

“Both the Courts and the people have rejected his bad idea and the meaning of our Constitution doesn’t change just because the Supreme Court has new justices,” Cooper’s statement said. “The Supreme Court should accept the clear precedent and the clear voice of the people and reject the Legislature’s latest attempt to control the election process.”