North Carolina GOP lawmakers enact a law eroding the incoming Democratic governor’s powers

RALEIGH, N.C. (AP) — North Carolina lawmakers on Wednesday enacted a law over the governor’s veto that would diminish the powers afforded to his successor and other other Democratic statewide winners in the Nov. 5 elections.

In a 72-46 vote, the Republican-dominated House overrode Democratic Gov. Roy Cooper’s veto a week after the GOP-controlled Senate voted to do the same.

Like during the Senate vote, opponents to the power-shifting bill sat in the gallery and disrupted the chambers’ floor proceedings. More than 150 people gathered on the third floor — more than the House gallery could seat. They chanted “shame” as the override vote completed and continued to yell as they were escorted out.

After warning disruptors they would face arrest if they didn’t quiet down and leave the building, General Assembly police arrested one woman who refused to leave, said police Chief Martin Brock, adding that she would face charges of trespassing, resisting arrest and violating building rules.

Many provisions within the 132-page law seek to diminish powers afforded to Gov.-elect Josh Stein, incoming attorney general Jeff Jackson, the next Democratic lieutenant governor and the schools superintendent. They all take office early next month. One of the most significant changes shifts the power to appoint State Board of Elections members from the governor to the state auditor, who will be a Republican next year.

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For decades, the governor has selected its five members, with the governor’s party usually taking three seats. The enacted law transfers that power to the state auditor starting in spring. This, in turn, means Republicans will likely hold majorities on the state board and the county election boards.

The legislation also weakens the governor’s authority to fill vacancies on the state Court of Appeals and Supreme Court and prevents the attorney general from taking legal positions contrary to the General Assembly in litigation challenging a law’s validity. Several post-election deadlines will move up under the law after Republican complaints that counties took too long to count provisional and absentee ballots, especially in light of an extremely close Supreme Court race.

The veto override took place in the final days of a lame-duck General Assembly session where Republicans hold exactly the number of seats necessary to override vetoes without help from Democrats.

That won’t be the case much longer — barring a successful election protest that would flip a race’s result — after Democrats picked up one more House seat in the general elections.

Despite ultimately succeeding in their override, House Republicans had some difficulty staying unified. Some GOP lawmakers from western North Carolina — where Hurricane Helene caused historic flooding — initially voted against the measure last month. But all three — Reps. Mike Clampitt, Karl Gillespie and Mark Pless — ended up voting to override the veto.

Part of the criticism levied against the bill centered on the $252 million of Helene recovery funds attached to it, most of which can’t be spent until the General Assembly acts again.

In his veto message, Cooper called the bill a sham in which Republicans used Helene and “disaster relief” in its title to mask unconstitutional political power grabs — a message repeated by House Democrats and Stein.

“It is despicable for the Republicans in the General Assembly to use folks’ incredible need for aid to cloak their political pettiness,” Stein said in a statement after Wednesday’s vote.

Other opponents to the bill said at a Wednesday news conference that GOP lawmakers weren’t serving western North Carolinians and instead were undermining democracy.

“Western North Carolina is not a toy to be played with. It is not an opportunity to exploit. It is not a place to be so violently disrespected,” said Sam Stites, a Transylvania County staff member from advocacy group Just Economics of Western North Carolina.

Republicans point out they had already allocated more than $900 million to Helene relief since October, with plans for more funding next session. Caldwell County Republican Rep. Destin Hall, who is expected to be the House speaker next year, further defended the bill’s executive power shifts as the legislature’s constitutional right.

“This body is entirely committed to helping folks in this state with storm relief,” Hall said. “So, in my opinion, what’s happened is political football has been made out of this bill.”

It’s likely the new law will soon be mired in litigation — just like eight years ago, after Republicans passed laws weakening Cooper’s powers just before he took office.

“Of course it’s going to go to court,” outgoing House Speaker Tim Moore, a congressman-elect, told reporters after the vote. “That’s just the way it is.”

The House also secured for the November 2026 statewide ballot a proposed constitutional amendment to require all North Carolina voters show photo identification before voting. The constitution currently only specifies that it’s required for in-person voting. ID exceptions are afforded now and would continue with the amendment, and laws separate from the state constitution already direct voters to provide a photo ID copy when voting by mail.