Connect with us

North Carolina

Foregone conclusion. Legal struggle over NC elections appointment power essentially ends with court ruling.

Published

on

Foregone conclusion. Legal struggle over NC elections appointment power essentially ends with court ruling.


Technically, Democratic Gov. Josh Stein’s lawsuit against Republican leaders over the transfer of his election appointment power to the state auditor could go on for a number of months. But practically, it’s over. 

Friday evening, the North Carolina Supreme Court ruled that the North Carolina Court of Appeals did not break any rules by allowing the power shift to go into effect on May 1, when a new State Board of Elections was appointed by Republican State Auditor Dave Boliek

While the court did not technically rule on the state constitutional questions at play — does the power shift violate separation of powers or the governor’s duty to faithfully execute the law? — it clearly signaled its approval of the power shift in a 5-2 decision. 

[Subscribe for FREE to Carolina Public Press’ alerts and weekend roundup newsletters]

Now, the majority Republican Court of Appeals will decide on those questions. 

Advertisement

Ultimately, its decision may be appealed to the North Carolina Supreme Court to review again. Since the case deals only with the state constitution, there are no federal court appeal options, said Martin Warf, attorney for Senate President Pro Tempore Phil Berger

North Carolina Democratic Party Chair Anderson Clayton confirmed. 

“State court is where this is going to begin and die,” she said. “That’s what Republicans knew going into it.”

How we got here

For nearly a decade, Republican lawmakers have pushed for an elections appointment power shift. 

Their various attempts have included a failed constitutional amendment creating an eight-member board with equal party representation, a law shifting appointment power to the legislature and an elimination of the board altogether to form a new Bipartisan State Board of Elections and Ethics Enforcement. 

Advertisement

All have fallen short. Until now.

Last December, the legislature passed Senate Bill 382, a Hurricane Helene relief bill that also shifted elections appointment power from the governor to the state auditor, a newly Republican-held office. 

In April, the Wake County Superior Court ruled 2-1 that taking away the governor’s election appointment power would hinder his constitutional duty to “take care that the laws be faithfully executed.” 

A week later, an anonymous three-judge panel of the North Carolina Court of Appeals handed down a ruling allowing the power shift to go into effect while they considered the issue. The ruling did not include an explanation.

While Stein asked for the state Supreme Court to step in and postpone the changes until a full decision was made, the court did not do so. If that wasn’t enough to make the court’s stance clear, its Friday opinion certainly did the job. 

Advertisement

According to the court’s reading of the state Constitution, the governor may head the executive branch, but he doesn’t “unilaterally exercise the executive power.” That’s for all 10 Council of State members, including the auditor, to share. Furthermore, the General Assembly is granted power under the state Constitution to assign many of those executive powers as they please, the opinion stated. 

Separation of powers issues brought up by Stein are irrelevant, the opinion stated. While the legislature is the one making the decisions, the transfer of power is contained within the executive branch. 

Democratic Justices Anita Earls and Allison Riggs dissented. 

Earls accused her colleagues of “gaslighting” by claiming to not decide the constitutional issue while laying out their logic for supporting the power shift anyways. The majority opinion ignores precedent on executive power, and gives the legislature free rein to “reshuffle the powers and responsibilities of constitutional officers who are elected by the entire state,” she added. 

“If the voters of North Carolina wanted a Republican official to control the State Board of Elections, they could have elected a Republican Governor,” Earls wrote. “If they wanted David Boliek (the Auditor) in particular to run our elections, they could have elected him Governor. The voters did not.” 

Advertisement

After power shift, what’s next? 

Democracy North Carolina policy director Katelin Kaiser worries that the state Supreme Court ruling will create a culture of fear. 

What if Democratic Superintendent of Public Instruction Mo Green pushes back on the legislature’s stance on DEI? Are they going to modify his powers, Kaiser asked. 

“It creates a requirement of loyalty to the North Carolina General Assembly,” she said. “Rather than the separation and balance of powers, it’s the General Assembly’s say, and if you don’t fall in line, you could be next.” 

The courts won’t offer any relief, Clayton said, so instead she’s looking to another source of power: people’s voices. 

It’s as important now as ever for educated voters to show up to election board meetings, Clayton said. 

Advertisement

“It means making sure that we are present and vocal, and that we’re not also appointing folks that are going to just agree with what the Republican majority on the board says,” she said. 

Further down the line, re-electing Justice Earls and flipping Republican state Supreme Court seats in 2028 is the Democratic plan, she said. 

“We know that Republicans do not believe in fair and impartial judgments anymore,” Clayton said. “They believe in partisan acts and empowering their own party to ignore the Constitution.” 

Kaiser said Democracy NC will bolster its county election board monitoring program and continue advocating for elections officials. For example, they’d like the legislature to change a 1999 law that allows county elections directors to be paid as little as $12 an hour. 

“We’ve seen time and time again that their workload increases, and yet, many times the state does nothing to support,” she said. 

Advertisement

There’s no question that Republican legislators will win the case, Common Cause policy director Ann Webb said. The only question is how long it will take until the litigation officially ends. 

“I think the question is really up to the Governor at this point, whether to continue to pursue this case, recognizing that it’s been signaled from both of these courts where they stand,” Webb said. 

Advertisement

This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. You may republish our stories for free, online or in print. Simply copy and paste the article contents from the box below. Note, some images and interactive features may not be included here.





Source link

North Carolina

North Carolina’s Berger optimistic about budget, blames Democrats for primary loss

Published

on

North Carolina’s Berger optimistic about budget, blames Democrats for primary loss


A top North Carolina lawmaker who suffered a stunning upset in his primary election last month spoke publicly about the result Tuesday, blaming the loss on political opponents across the aisle. 

North Carolina Senate leader Phil Berger — who has led the chamber since 2011 — lost the Republican primary for his seat to Rockingham County Sheriff Sam Page by 23 votes, one of the closest elections in state history. Berger conceded defeat in a March 24 statement after a machine recount and partial hand recount yielded no change in Page’s lead. 

Berger discussed the experience with reporters Tuesday after lawmakers convened for a short legislative session in Raleigh. Asked what message voters sent him in the primary, Berger said: “Democrats like to vote in some Republican primaries. That’s the message.”

Berger didn’t elaborate on his explanation. Registered Democrats are only allowed to take Democratic ballots in primary elections. But unaffiliated voters are allowed to participate in a party primary of their choice. Berger didn’t suggest changes to that law, but he mentioned possible examination of other election laws. 

Advertisement

He said lawmakers should reconsider the number of days North Carolina allows for early voting in primaries. In-person early voting started on Feb. 12 and ended Feb. 28.

“Seventeen days of early voting just seemed pretty excessive and it really stresses the local boards of elections,” Berger said. Some county election boards struggle to find daily staffing for all of their voting sites in the early voting period, he said. 

Minority Leader Sydney Batch, D-Wake, called Berger’s comments “an insult to his district and an affront to our democracy.”

“The voters sent him a clear message,” Batch said. “It’s time he accept it and get back to work to finish the job he still has, while he still has it. Pass a budget.”

State lawmakers haven’t adopted a comprehensive state budget since 2023. They were expected to do so last year, but Berger and Republican House Speaker Destin Hall have been at odds over a range of issues,  including tax policy, Medicaid funding, and other line items affecting billions of dollars in state funding.

Advertisement

Berger said Tuesday that he and Hall were on the verge of a spending agreement for Medicaid, the government-funded health insurer for people who are young, impoverished or disabled. Republican legislators plan to approve Democratic Gov. Josh Stein’s $319 Medicaid request, while adding guardrails and oversight measures to prevent fraud and waste. 

To strike the deal, Berger said Tuesday that he had agreed to postpone discussions about funding for a massive new children’s hospital. The 2023 budget authorized about $320 million over three fiscal years for North Carolina Children’s Health — a partnership between UNC Health and Duke Health — to open in Apex in 2032. About $216 million has already been spent. Hall has said his caucus wants to reconsider the final installment of funds, about $103 million, while Berger has called on House leaders to release the money. 

“We’ve agreed to move the discussion of whether or not the House is going to honor the agreement they made in 2023 to the full budget discussion,” Berger said Tuesday.

Earlier Tuesday, Hall told reporters that progress had been made on negotiating children’s hospital funding. 

“It’s not resolved yet,” Hall said. “I think there’s some questions about how much more money it’s going to need exactly in order to be a viable project. And so, you know, those discussions continue.”

Advertisement

Those budget negotiations are ongoing, but Berger said recent conversations have given him reason to be optimistic. “We’re having conversations,” he said. “They are substantive. They haven’t gotten us to an agreement yet, but we are continuing to talk, continuing to exchange ideas,” Berger said.

Hall described budget talks similarly: “The trajectory is good [enough] to where we’re very likely to get a budget done, hopefully sooner rather than later.”

Berger said that, in the final months of his term, he wants to focus on policies that make North Carolina a top destination for businesses. 

“I’d like to continue the progress that we’ve made over the years in making North Carolina number one state for business and making North Carolina a competitive state in terms of our tax climate and our regulatory climate,” Berger said, adding that he wants to boost education funding as well. 

Addressing property taxes

Advertisement

House and Senate Republicans are also offering separate proposals for limiting property taxes in North Carolina. 

House Republicans are pursuing a constitutional amendment that would give the state more control over how much cities and counties can raise property taxes. On Tuesday, Berger said he doesn’t think there’s a consensus on the proposed amendment and noted that it would take several months to enact into law. Voters must approve constitutional amendments at the polls in order for them to become law. 

“It’s a start that we can look at,” Berger said of the proposed constitutional amendment.  “But that, by itself, would not actually go into effect until after the voters approve it, if they approve it, and then the legislature actually passes some sort of legislation.”

Berger said he plans to introduce a bill that freezes municipal property tax revaluations for 12 months while legislators study the issue further. 

“We’ve got to do something,” Berger said. “I just don’t know that there’s consensus as to what that something is. 

Advertisement

“The best thing that we can do at this point is just call a timeout and give the legislature an opportunity to try to review whatever proposals might be out there.”



Source link

Continue Reading

North Carolina

North Carolina High School Football Program Promotes From Within

Published

on

North Carolina High School Football Program Promotes From Within


Less than two weeks after losing its head coach to Duke University, a North Carolina high school football program has been promoted from within.

Kevin Reddick will become the new head coach at Rolesville High School, replacing Ranier Rackley, who became the Director of Player Development at Duke University.

News of the decision was first reported by High School OT.

Advertisement

Reddick was the defensive coordinator for the Rams for the past three seasons, helping the team win 25 games during that run. Last year, Rolesville allowed just under 15 points per game with Reddick in charge of the defense.

North Carolina High School Promotes Defensive Coordinator To Head Coach

Rolesville finished 9-4 last season under Rackley and Reddick.

Reddick is a graduate of New Bern High School, helping the Bears capture the 2007 Class 4AA North Carolina High School Athletic Association State Football championship. He was tabbed the most valuable player of that title game as a sophomore fullback after scoring two touchdowns in a 28-17 victory over Independence.

Advertisement

At New Bern, Reddick earned conference defensive player of the year honors and was all-state at lineback as a senior after recording 189 tackles, eight quarterback sacks, six forced fumbles and four blocked punts. He also ran for over 160 yards and scored six touchdowns.

Kevin Reddick Was College Standout, Had NFL Career Before Becoming Coach

Following his high school career, Reddick signed with North Carolina as a four-star prospect, earning first team all-ACC honors as a senior. He also had offers from North Carolina State, Virginia and Clemson.

With the Tar Heels, Reddick played in 50 games, recording 275 tackles, including 36 for loss, with 8.5 quarterback sacks, two interceptions and two forced fumbles.

Advertisement

Reddick signed with the New Orleans Saints as an undrafted rookie free agent, and also had stints with the San Diego Chargers, Carolina Panthers and Buffalo Bills.

Advertisement

Rolesville reached the North Carolina High School Athletic Association State Football championship game with Reddick on the coaching staff and the third round this past season.

Rolesville Returns Top Rusher, Several Other Key Players

The Rams will be replacing starting quarterback Kaleb Williams, who had almost 2,500 yards passing and 22 touchdowns, as freshman Chase Williams was 8-for-8 for 98 yards with a touchdown in three games.

Advertisement

They will have top running back Amir Brown back, as he ran for 1,374 yards with 22 touchdowns and six games of 100 yards rushing as a junior. He also had 13 receptions for 106 yards and another TD.

Advertisement

Anthony Roberts is another key player back, as he caught 35 passes for 656 yards and nine TDs. Top tacklers Jayden Broadie, Javon Campbell, Genesis Allen and Keonte Sutton are all set to return, as well.

Add us as a preferred source on Google



Source link

Advertisement
Continue Reading

North Carolina

Shooting in park near North Carolina school leaves two dead and several hurt

Published

on

Shooting in park near North Carolina school leaves two dead and several hurt


At least two people are dead and “several” others are injured after a “planned fight” at a North Carolina park escalated into a mass shooting, authorities said.

Police have identified several victims and suspects after Monday’s shooting at Leinbach Park near Jefferson Middle School, according to the Winston-Salem Police Department.

Authorities confirmed there were multiple victims in the shooting, but did not provide an exact number. The suspects were still at large over two hours later.

Officers were called to the park just before 10 a.m. after reports of a fight, which then escalated into multiple people shooting each other.

Advertisement

Area schools are not in lockdown, and classes are operating as normal, police said.

“Due to the number of people involved, efforts are ongoing to account for everyone. At this time, some of those involved in the incident are juveniles,” police said.

According to local news station WFMY, at least three people were taken to the hospital. Officials have not shared their conditions.

Police said the shooting was an isolated incident and remains under investigation.

This is a developing story

Advertisement



Source link

Continue Reading
Advertisement

Trending