NC Court of Appeals Flips Control of NC Board of Elections; Strong Implications for Undeclared NC Supreme Court Seat
A sudden order from the NC Court of Appeals last week handed control of the state and local boards of elections to Republican State Auditor Dave Boliek, with major implications for the fight over a contested Supreme Court seat.
The decision came without warning and went into effect immediately, with no pause allowed for appeal to the state Supreme Court, the case’s likely next stop. It overturned a decision by a three-member panel of the state Superior Court which found that legislation taking away the Governor’s power to appoint elections boards, and giving it to the State Auditor, violated the NC Constitution’s separation of powers clause.
The order was highly unusual in other ways. It contained no indication regarding why the court made the decision or even which members of the Appeals Court participated in the decision, and it came in a major state constitutional dispute without opportunity for oral arguments before the court. The order in the case was only two sentences long.
Partisan Effort to Steal Supreme Court Seat
“I fear that this decision is the latest step in the partisan effort to steal a seat on the Supreme Court,” said Governor Josh Stein. “No emergency exists that can justify the Court of Appeals’ decision to interject itself at this point. The only plausible explanation is to permit the Republican State Auditor to appoint a new State Board of Elections that will try to overturn the results of the Supreme Court race.” Stein also announced that he would appeal the decision to the NC Supreme Court.
Other supporters of voting rights and fair elections were equally blunt in their reactions. In a joint news release on Friday, several groups weighed in with their reactions.
“This ruling is about power being seized through procedural manipulation rather than earned through the democratic process,” said Katelin Kaiser, Policy Director for Democracy North Carolina. “The sanctity of our elections is being compromised by those who would rather change the rules than earn the trust of voters. When decisions affecting voter freedoms happen behind closed doors, we must recognize it for what it is: a direct threat to representative and accountable government.”
The Need for Independent Administration of Elections
“This is not justice. This is judicial sabotage. And it reeks of partisan gamesmanship at the expense of the people of North Carolina. The idea that one party can manipulate the judiciary to upend the independent administration of our voting systems is chilling and should alarm every North Carolinian, regardless of party,” said Melissa Price Kromm, Executive Director for North Carolina For The People.
“Let’s call this what it is: a brazen, partisan power grab enabled by a shadowy court and aimed squarely at sabotaging free and fair elections in North Carolina,” said Ann Webb, Policy Director with Common Cause North Carolina. “When courts are weaponized to shift power in the shadows, without public accountability, it endangers the foundation of our democracy.”
The New Appointees
State Auditor Dave Boliek’s three appointees to the NC State Board of Elections (NCSBE) were all nominated by the chair of the NC Republican Party. The identities and backgrounds of these appointees lend further weight to concerns that the change in party control of the NCSBE is part of the effort to overturn Justice Allison Riggs’ election victory last fall in favor of losing candidate Judge Jefferson Griffin.
The new appointees include Francis X. DeLuca, former president of the right-wing policy group Civitas Institute. During his tenure leading that organization, it sued the NCSBE over same-day registration and voting during the early voting period, claiming that local boards of elections would be unable to verify the identity of those voters in time for the election. Similarly, the challenge by Griffin and the NC Republican party to Griffin’s election loss revolves around claims that the election rules in effect last year did not adequately confirm the identity of groups of voters. Another of Boliek’s appointees is former State Senator Robert Rucho, who led the State Senate’s redistricting efforts and asserted that partisan district gerrymandering should be considered constitutional. That’s also the position of Republican Judge Griffin, and contrary to the position of Democratic Justice Riggs.
While party control of the NCSBE has changed, the NCSBE remains under order from the US 4th Circuit Court of Appeals barring them from certifying a winner in the contested judicial contest until the federal courts have finished weighing the case. Justice Riggs and other parties to the case argue that Judge Griffin’s attempt to have selected groups of voters disqualified after the election, despite the fact that their votes were cast legally under the rules in effect at the time, violates the US Constitution’s guarantees of equal protection and due process of law.
Fighting for Voting Rights and Fair Elections
Voting rights and fair elections are essential to the public’s ability to hold elected officials accountable for their decisions on the environment, pollution control, and public health. That’s why we will continue to fight for a free, fair, representative democracy.
