Lawmakers move to limit powers of the governor, attorney general, and schools superintendent.
Legislation that would weaken the powers of North Carolina’s incoming governor and other Democrat officials cleared both chambers of the state’s Republican-controlled Legislature this week.
In addition to relief funding for Hurricane Helene survivors, the 131-page bill includes new limits on the powers of the state’s incoming governor, attorney general, and superintendent of public instruction—all offices soon to be held by Democrats.
The bill would strip authority from the soon-to-be governor, Democrat Josh Stein, to appoint members to the State Board of Elections.
Currently, the governor appoints all five members of the board—including three from his own party—based on the recommendations of the Democratic and Republican parties.
The new bill would reassign that role to the state auditor, a position that will be filled by Republican Dave Boliek come January 2025.
Another provision would limit the governor’s choice of candidates to fill vacancies on the state’s Court of Appeals and Supreme Court to a list provided by the outgoing judge’s political party.
The bill would also bar the state’s attorney general from taking a legal position contrary to that of the General Assembly in litigation challenging state laws.
Democrat U.S. Rep. Jeff Jackson will assume that office after winning his race against Republican Rep. Dan Bishop.
Meanwhile, Democrat Mo Green, set to take over the role of superintendent of public instruction, would be stripped of the power to appeal against a state review board’s decisions on charter school applications.
The measure passed the North Carolina House along party lines on Nov. 19, prompting criticism from outgoing Gov. Roy Cooper.
“Legislators have put forward a bill that fails to provide real support to communities hit hard by Hurricane Helene and instead prioritizes more power grabs in Raleigh,” Cooper said in a statement.
The Senate nonetheless passed the bill a day later and sent it to the governor’s desk.
The bill, Republican state Sen. Vickie Sawyer noted, allocates an additional $252 million for Hurricane Helene recovery efforts in Western North Carolina.
“This historic commitment brings the total state funding for relief to $1.1 billion. Families still struggling to rebuild after the storm can count on our continued focus on housing, infrastructure, and other critical needs,” Sawyer wrote in a social media post.
While the General Assembly is in session, Cooper has 10 days to sign or veto legislation before it automatically becomes law.
If he should veto the measure, Republicans have the supermajority needed for an override, though it remains unclear if they would all support one.
In the House, three Republicans from Helene-damaged areas joined with the chamber’s Democrats in voting against the bill. Just one defection would be enough for an override to fail.
Republicans are poised to lose their veto-proof majority next year after falling one House seat short in the Nov. 5 election.
While the party will retain its supermajority in the Senate and a majority in the House, the current lame-duck session could be the last opportunity for Republicans to bypass the state’s Democrat administration.
In 2016, the state’s Republican-led Legislature pulled a similar move, limiting the governor’s powers ahead of the transition to Cooper’s administration. That legislation sparked protests and years of litigation.
The Associated Press contributed to this report.