Dem
51
GOP
49
North Carolina is going to be one of the top battlegrounds in 2024. Democrats are hoping that with the help of Lt. Gov. Mark Robinson (R), an all-around bigot, sexist, antisemite, and fire-breathing Trumper who is running for governor, they can put the state in Joe Biden's column. The Republican-controlled state legislature is definitely worried about that and has been for a while. Consequently, it seized control of state and local election boards. These could make decisions on absentee ballots, ballot harvesting, and many other election issues to help one party or the other. Democrats sued.
A bipartisan panel of state judges has now ruled that the legislature has no power to seize the election boards as they are part of the executive branch and not the legislative branch. Having the legislature run the election boards would be a violation of the separation of powers. The judges ruled that the plan represented "the most stark and blatant removal of appointment power from the governor." In other words, the state Constitution gives the power to appoint officials to various offices to the governor, not to the legislature. Its job is to pass laws, not make appointments.
This is a victory for the Democrats, as the new law would give the boards an even number of members, half Republicans and half Democrats, which could leave them paralyzed on all major decisions, such as certifying an election. The current boards have five members, all gubernatorial appointees with staggered terms. With an odd number of members, it is usually possible to make decisions, albeit sometimes 3-2.
However, this ruling is not the last word on the matter. The case will probably be appealed to the state Supreme Court, where Republicans have a majority. They could easily reverse the lower court's decision. (V)