The state Supreme Court has restored a block on the legislature’s overhaul of the state elections board and ethics commission while Gov. Roy Cooper’s lawsuit awaits resolution. The court sided with Cooper in an order released Monday. It did not explain its reasoning. The decision is the latest legal twist in a power struggle between Cooper, a Democrat, and the Republicans at the helm of both General Assembly chambers. Cooper sued Phil Berger, the leader of the state Senate, and Tim Moore, the state House speaker, earlier this year over a December law that called for the merger of the five-member elections board and the state Ethics Commission, which administers ethics laws governing lobbyists, elected officials and government employees. At issue is whether the General Assembly overstepped its state constitutional authority when it adopted a law that establishes an eight-member board to oversee elections and consider ethics complaints and issues. The governor would appoint four members and legislative leaders would appoint the other four, with the board split evenly between Democrats and Republicans.
That changed the setup that had been in place before Cooper unseated former Gov. Pat McCrory, a Republican who signed off on the new law in the waning days of his administration. Previously, the governor had the power to appoint all five members to the state elections board, three from his party and two from the other major political party based on recommendations from that party.
The General Assembly adopted the law in a special session held weeks after Cooper was victorious at the polls. Cooper filed a lawsuit in December, several days before taking the oath of office.
Attorneys for Cooper have argued that the special session law violates the separation of powers provided for in the state Constitution and gives legislators more control over the executive-branch function of administering elections. Cooper’s attorneys also have argued that having an eight-member board that cannot act without a supermajority would paralyze decision making.