wo constitutional amendments planned for the fall ballot. Rather than fighting Cooper, the state lawyer representing the elections board has jumped in on Cooper’s side. The state Republican Party is calling out state Attorney General Josh Stein, a Democrat, for supporting the Democratic governor’s position on the lawsuit without getting election board members’ approval. “It is highly unusual for an attorney to make a decision of this magnitude without a formal request or vote from his client board,” the state GOP said in a statement. “It is illegal for any member of the board to take a public stance on a ballot question.” In an email, a spokeswoman for Stein said the office is confident it is properly representing the board. “Our office has consulted closely with the State Board about this case and will continue to do so,” spokeswoman Laura Brewer said in an email. “Attorney client privilege prevents me from sharing the substance of those conversations. We are confident our clients are aware of and support the action we are taking in this litigation.”
Cooper, a former attorney general, is suing to stop two amendments that would transfer to the legislature his power to appoint members to hundreds of state boards and commissions and would limit his role in appointing judges to fill vacancies..
Elections board members have not taken public positions on the case.
“Consistent with the agency’s longstanding practice, our Board has not adopted a position on the merits while the Attorney General litigates the matter under his independent authority,” Board of Elections General Counsel Josh Lawson said in an email.