The North Carolina GOP alters the election rules before losing their supermajority

The Washington Post

Advertisement Story continues below advertisement The dispute over the state Supreme Court is one of the last of its kind in the country.
That will prevent Stein from appointing Democrats to fill future openings on the state Supreme Court if any Republicans step down.
Advertisement Story continues below advertisement Republicans said the main purpose of the bill was to provide $227 million in Hurricane Helene relief.
Griffin can appeal in state court under a process that could ultimately put the matter before the state Supreme Court.
Democrats believe the federal courts offer them more protection, while Republicans want to see the matter play out in state court given the GOP tilt to the state Supreme Court.

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Republicans in the North Carolina legislature overrode a veto on Wednesday to give one of their allies control over the state’s elections board, amend ballot-counting regulations, and weaken the authority of the incoming Democratic governor, demonstrating their power just before they lose their supermajority.

The action was taken as Republicans threw out tens of thousands of ballots in races they lost last month in an attempt to secure three seats in the legislature and a seat on the state Supreme Court. In opposition to that attempt, the state Democratic Party has asked a federal judge to make sure that votes aren’t thrown out due to administrative mistakes.

The events demonstrate North Carolina Republicans’ go-to-the-mat style of politics and present the most recent test for democracy in the swing state. Judges may soon be asked to examine the ballot count from last month’s election, and they will almost certainly be asked to consider the new law that restricts the authority of Josh Stein (D), the incoming governor.

This is one of the last disputes in the nation involving the state Supreme Court. Compared to four years ago, when Donald Trump and his followers filed lawsuit after lawsuit to challenge his loss of the White House, election disputes this winter have been shorter.

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According to the bill lawmakers passed on Wednesday, Stein will no longer be able to choose who will serve on the county and state elections boards. Dave Boliek, the new auditor and the first Republican to occupy the position in 16 years, will be in charge of those responsibilities. The auditor has no prior involvement in election administration and is in charge of examining state finances.

To avoid losing the veto-proof majority that has enabled them to put outgoing Governor Roy Cooper (D) on the sidelines in recent years, Republicans hurried the lame-duck bill through the legislature. Even though Republicans will still hold sizable majorities in both houses, their House majority in January will be less than the three-fifths majority required to override vetoes without the assistance of Democrats.

Cooper swiftly vetoed the bill after it was passed by the legislature last month. Last week, the state Senate overrode the veto, and on Wednesday, the House did the same. The law will then go into effect, which will almost certainly lead to a lawsuit.

The law also requires the governor to appoint judges recommended by the departing judge’s political party to fill any vacancies in the state’s top courts, restricts the legal arguments that Jeff Jackson (D), the incoming attorney general, can make in court, and removes the positions of two judges who have rendered decisions against lawmakers. That will stop Stein from selecting Democrats to take over the state Supreme Court in the event that any Republicans resign.

Instead of nine days, the bill would give voters who cast provisional ballots three days to furnish election officials with information that would guarantee their votes are counted. Election officials will also have to count absentee ballots on Election Day that evening, which may require them to work through the night.

Republicans claimed that the bill’s primary goal was to provide $227 million for relief efforts related to Hurricane Helene. Since more legislation will be required to distribute the funds, critics referred to the assistance as being hollow. GOP leaders were concerned that by voting against the measure when it was first considered by the legislature, three House Republicans from hurricane-affected areas might stop it from being overridden.

Speaker Tim Moore (R) made an appearance on former Trump aide Stephen K. just hours before the legislature took up the bill. People should call Republican lawmakers and insist that they vote to override the measure, according to Bannon’s podcast. “The MAGA community must take action and remind our Republicans to remain steadfast,” Moore stated.

Since “I think we need auditing of the elections,” Moore claimed the measure would improve elections by giving the auditor more authority over the state elections board. “.”.

The effort in North Carolina to curtail Democratic power is reminiscent of laws that were passed by lawmakers eight years prior to Cooper’s inauguration. Republicans would have had more electoral power under that measure as well, but courts blocked that part of the bill.

The battle for control of the state Supreme Court, where Republicans have a 5-2 majority and a penchant for cases with political overtones, has become concerning for Democrats. After losing the race by 734 votes to Justice Allison Riggs, a Democrat who joined the court in 2023, Republican appeals judge Jefferson Griffin filed challenges on technical grounds to over 60,000 votes.

Longtime voters who do not have their driver’s license number or the final four digits of their Social Security number on file as part of their voter registrations cast a large number of the ballots that Griffin contested. If voters failed to update their registrations with that information, Griffin requested that election officials throw away the ballots.

That notion was rejected on Wednesday by the Democrats who control the state elections board, whose chairman, Alan Hirsch, stated that it is “anathema to the democratic system” to discount votes on such grounds. “”.

Griffin also contested ballots from military and foreign voters who failed to produce a copy of their identification and from foreign voters whose parents are from North Carolina but have never lived in the state. Griffin failed to properly notify voters that he was protesting their ballots, which is one of the reasons the board dismissed those challenges.

Under a procedure that could eventually bring the case before the state Supreme Court, Griffin may file an appeal in state court. The decision about whether Riggs can continue to play on the court would then rest with her teammates.

The state Democratic Party filed a lawsuit on Friday, hoping a federal judge would order the state to count the ballots that were contested in order to prevent that outcome. Given the GOP’s slant toward the state Supreme Court, Republicans prefer to see the case handled in state court, while Democrats feel that the federal courts provide them with greater protection.

In August, Republicans made some of the same claims Griffin is making now regarding voter registration. A federal judge’s decision last month stated that while the case is still pending, it will impact future elections but not those that have already taken place.

For the challenges, Democrats were indignant.

“This is a costly and draining political outburst,” stated Kimberly Hardy, a Democrat and assistant professor of social work whose ballot was contested.

Griffin argued that he was trying to preserve the state’s democracy when he submitted his ballot challenges. In a statement, he said, “These protests are about one fundamental principle: making sure every legitimate vote is counted.”. “”.

Since the state of North Carolina eliminated nonpartisan court elections and mandated that candidates run as members of political parties in 2016, the state’s Supreme Court has shifted to the right. Following their 5-2 majority win in 2022, Republicans swiftly overturned recent court rulings to enact a voter ID law and a GOP-friendly redistricting plan.

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