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

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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. 

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

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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. 

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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. 

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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.” 

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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. 

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“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. 

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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. 

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Disputes grow between NC Bar, legislative committee tasked with reforming it

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Disputes grow between NC Bar, legislative committee tasked with reforming it


A North Carolina legislative committee is drawing passionate support — and criticism — as it pushes forward with recommendations to inject more secrecy and politics into a group tasked with disciplining lawyers across the state. 

The committee plans to meet again this week, fresh off a dramatic hearing Tuesday, during which members of the committee sniped at one another, at least one appeared to have had no idea they’d be asked to vote on one particularly contentious item, and security had to forcibly eject a former state lawmaker who had refused to stop yelling accusations from a podium. 

The target of that speaker, as well as the committee he was addressing: the North Carolina State Bar, a regulatory board in charge of licensing and disciplining North Carolina’s lawyers.

It’s the central focus of the State Bar Grievance Review Committee, which has tussled with the Bar and its supporters in the state’s legal community as it has sought to investigate allegations of cancel culture against politically outspoken lawyers and as it has recommended other reforms or demanded political inquisitions.

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The committee, created in 2024, is a rarity in North Carolina: It consists of zero members of the state legislature. It’s led by Larry Shaheen and former state Sen. Woody White, two GOP insiders close with Republican state Senate leader Phil Berger. It can’t make changes on its own but can recommend them to the state legislature for approval. 

Some previous suggestions by the committee have won broad and bipartisan approval at the state legislature, such as limiting who can report lawyers to the Bar.

But its most recent proposals — including making lawyer discipline a more secretive process, controlled entirely by political appointees — has raised concerns inside the Bar, as well as with some of the lawyers who make a living fighting the Bar on behalf of their clients.

Some of the new changes Shaheen and others on the committee are backing would ban non-lawyers from being involved in hearings of the Bar’s Disciplinary Hearing Commission, which is tasked with deciding whether — and how harshly — to crack down on lawyers accused of things such as stealing clients’ money, sleeping with clients or abusing drugs or alcohol.

The committee also wants to staff the Disciplinary Hearing Commission entirely with political appointees — almost all of them Republicans — and decrease transparency in the process, making more details confidential. 

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The Bar has deep reservations about those and other proposed changes, saying they’ll harm its goal of protecting members of the public from predatory or simply bad lawyers. The committee has not asked for the Bar’s input during this process, and relations between the two groups have become strained. 

State Bar Executive Director Peter Bolac told WRAL he questions the need for these changes, which he said appear to have been put together “without broader input or a comprehensive understanding of the State Bar’s work.”

Bolac was at the most recent hearing on the changes, but he wasn’t invited to speak — whether to provide his own presentation, or to answer questions and concerns. He told WRAL the committee should attempt to learn how the Bar works, first, before trying to change it.

“Without a clear and shared understanding of how the current system functions, it is difficult to engage in a meaningful discussion about potential improvements,” Bolac said. “Nevertheless, we remain willing to participate in thoughtful, good-faith dialogue aimed at strengthening the system.”

Shaheen says he knows firsthand how the process works, having served on Disciplinary Hearing Commission he and his committee are now targeting. And he sees it as his mission to drastically change the way it operates, saying he has lost friends because of his association with it. “I have several lawyers, who have been long term friends of mine, who have come to me and, because of some of the things said to them, feel like I’m the devil,” Shaheen said.

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‘Radical changes’

The committee’s most recent meeting was just the latest in the committee’s years-long attempt to make reforms to the Bar.

Alan Schneider, who has represented more lawyers facing disciplinary hearings than perhaps anyone else in North Carolina, often finds himself at odds with the Bar. He previously gave a formal presentation to this same committee on suggestions to reform it.

But he says the latest suggestions, to ramp up the political appointments, go too far.

“There were problems in the past in terms of maybe old cases weren’t heard as quickly as they could,” Schneider said. “But the changes were made. The State Bar heard, and the State Bar has acted. What I’d like this panel to understand is the necessity for all these radical changes. I believe it is unnecessary.”

White and Shaheen said the changes are necessary. Shaheen said increasing political control over the Bar would increase accountability, by making members of the Bar answer to politicians who ultimately answer to the people.

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Under the new proposal, 19 of its 26 members would be chosen by various Republican politicians and the remaining seven would be chosen by Democratic Gov. Josh Stein.

“To have more folks appointed by public officials, we want to create more accountability, to make sure that the process is not weaponized against attorneys,” Shaheen said at the committee’s meeting on Tuesday.

White defended the push for less transparency.

“Nowadays when you can weaponize allegations in a nanosecond and publish them, put them out in a political context … that is unfair, for a lawyer to be accused of something before he or she is convicted of it,” he said.

‘Such sweeping reforms’

The committee is set to meet again Wednesday. The committee hadn’t released information on what issues it plans to discuss, but it’s expected to be closely watched by the state’s legal community.

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The relative lack of public notice on what this committee is considering also raised the ire of interested parties at last week’s meeting.

Jane Meyer, a Tharrington Smith attorney in Raleigh who also chairs the Bar’s disciplinary group, questioned why the proposals voted on Tuesday were only made public a few days beforehand, and with no opportunity for the Bar — or the general public — to respond.

White had originally attempted pushing through a vote Tuesday without allowing members of the public to speak. But he relented after Andrew Heath, a conservative lobbyist who serves on the committee, urged him to allow Meyer and other members of the public to have two minutes each to give brief comments.

“That troubles me — that such sweeping reforms are being considered without much study, and without asking for input,” Meyer told the committee.

Given the sweeping nature of their recommendations, Wake County District Attorney Colon Willoughby suggested the committee should “do a little bit more study and maybe get a little bit more information.” 

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Willoughby specifically criticized the proposal to make it harder for members of the public to learn about accusations against attorneys.

“We should not be trying to restrict and make things more confidential,” he said. “We should make it more open. The public needs to have quicker and more complete access. I think people find their lawyers now, not from their Sunday school class or their bowling league or their Lions Club, but through the internet searches. They want information.”

They were among the passionate speakers at the hearing, but perhaps not the most passionate. 

Two-plus hours into its most recent hearing on Tuesday, former state Rep. Edwin Hardy had his mic cut off and then was escorted out of the room by security. He was several minutes into speaking during the open public comment period as his comments turned into a rant involving former President Barack Obama, the late Gov. Jim Hunt, allegations of political favoritism, cocaine usage and more.

Hardy, a Republican who used to represent Beaufort County in the state House, was the only one ejected — even though he was also one of the few speakers who appeared to support the committee’s goal of major overhauls to the Bar. His comments were in line with the allegations White, Shaheen and others have been claiming for years about cancel culture.

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“I got very vocal online because Obama won,” Hardy told the committee. “… Well guess what: I was very vocal, and the day after Obama won reelection, I got a phone call and the Bar told me I had been randomly picked for an audit.”

State records show that that 2012 audit found Hardy had been using poor accounting practices with trust accounts where he held onto money for clients — including taking actions that “allowed entrusted funds to be disbursed in a manner not authorized by or for the benefit of the client.”

However, the Bar found he didn’t steal any of the money, and that there wasn’t any evidence of his clients being harmed by his trust fund missteps. It allowed him to continue practicing law.



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2 Candidates Emerge in NC State’s Coaching Search

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2 Candidates Emerge in NC State’s Coaching Search


RALEIGH — NC State replaced Kevin Keatts with Will Wade in March 2025, introducing him 368 days ago in front of the Wolfpack community at Reynolds Coliseum. A little over a year later, Wade decided to leave his new program to return to LSU, the school that fired him for cause in 2022, beginning a long journey back to Power Four basketball.

Now, athletic director Boo Corrigan and the rest of the NC State administration must find a new leader for the men’s basketball program. To make matters more complicated, they won’t have a lot of time to do so, as the new head coach needs to be in place firmly before April 7, the day the transfer portal opens. However, early noise indicates the group in charge has eyes on two candidates.


Who are the candidates?

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Mar 29, 2024; Dallas, TX, USA; North Carolina State Wolfpack athletic director Boo Corrigan before the semifinals of the South Regional of the 2024 NCAA Tournament against the Marquette Golden Eagles at American Airlines Center. Mandatory Credit: Kevin Jairaj-Imagn Images | Kevin Jairaj-Imagn Images

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According to multiple reports, Corrigan and other power brokers at NC State zeroed in on Saint Louis head coach Josh Schertz and Tennessee associate head coach Justin Gainey as the primary two candidates for the opening. Both names were expected to be in the mix as soon as the Wade exit became more and more likely, although Corrigan shared no specific names during his Thursday press conference.

The NC State University Board of Trustees hosted an emergency meeting on Friday, with the primary subject being Wade’s buyout negotiation. Of course, speculation began quickly that there were discussions about the next coach of the Wolfpack, but that’s been confirmed not to be the case in the behind-closed-doors meeting for the board.

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Even so, it seems as though NC State plans on making a strong push for Schertz first, despite his status as head coach at Saint Louis still and his recent agreement to a contract extension. That certainly makes things more complicated, but hiring Schertz would allow NC State to maintain any sort of positive momentum established by Wade and his regime in Raleigh. Still, Corrigan isn’t totally committed to a sitting head coach.

“I don’t think it has to be a sitting head coach at this point,” Corrigan said. “I think we want to find someone that knows how to coach and is a great coach, and has the ability to connect with people, both internal and external, with the players, be able to recruit. You have to be a good recruiter in this day and age.”

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Nov 12, 2022; Raleigh, North Carolina, USA; North Carolina State Wolfpack Athletic Director Boo Corrigan looks on during the second half against the Boston College Eagles at Carter-Finley Stadium. The Eagles won 21-20. Mandatory Credit: Rob Kinnan-Imagn Images | Rob Kinnan-Imagn Images

NC State will move as quickly as it possibly can, with Gainey and Schertz atop the list. That doesn’t rule out other options entirely, but all signs point to one of them being the most likely to be the next coach of the Wolfpack, ending the Will Wade era as quickly as it started.

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NC offshore wind project canceled as $1B deal shifts investment to fossil fuels

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NC offshore wind project canceled as B deal shifts investment to fossil fuels


A planned offshore wind project off North Carolina’s coast that could have powered roughly 300,000 homes has been scrapped after the federal government agreed to spend nearly $1 billion to halt its development, a decision that is drawing sharp reactions and raising questions about future energy costs in the state.

Under the agreement, the French energy company TotalEnergies will be reimbursed for leases it purchased in federal waters near Bald Head Island. In exchange, the company will redirect that investment into oil and natural gas projects, including liquefied natural gas (LNG) production.

The move comes as electricity demand in North Carolina and across the Southeast is rising, driven by population growth and the rapid expansion of energy-intensive data centers.

Energy analysts say removing a major potential source of power from the pipeline could have lasting implications.

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“I think folks are trying to figure out how to reconcile this with the fact that we do need more electrons on the grid,” said Katharine Kollins, president of the Southeastern Wind Coalition. “Every state right now is looking at how we can develop more energy, not how we should be taking options off the table.”

The canceled project, known as Carolina Long Bay, was one of two offshore wind developments TotalEnergies had planned along the East Coast. The North Carolina portion alone would have generated about 1,300 megawatts of electricity and brought significant economic development to the region.

State leaders were quick to criticize the decision. In a post on X, Gov. Josh Stein said the Trump administration is “spending nearly $1 billion in taxpayer money to pay off a company to stop investments in the clean energy we need,” calling it “a terrible deal for the people of North Carolina and our country.”

The Interior Department, which negotiated the agreement, defended the move, saying offshore wind projects are too costly and unreliable to meet the nation’s energy needs. In a statement, officials said redirecting investment toward natural gas would provide “affordable, reliable and secure energy” while strengthening grid stability.

The debate reflects a broader divide over how to meet growing electricity demand while keeping costs down.

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Offshore wind projects typically require high upfront investment but have no fuel costs once operational. Fossil fuel plants rely on fuel that can fluctuate in price.

“Using a billion dollars of taxpayer money to remove an option for North Carolina and then require that company to invest in LNG just doesn’t feel right,” Kollins said.

She and other advocates argue that offshore wind could help stabilize energy prices over time by diversifying the state’s power mix, particularly during periods of high demand or fuel volatility.

The federal government and industry leaders backing the deal say natural gas offers a more dependable source of power, especially as the grid faces increasing strain.

Part of that shift now points to LNG, which is traded on a global market. That means prices can rise or fall based on international demand, geopolitical tensions and export levels — dynamics that do not affect wind energy.

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The cancellation also highlights uncertainty around offshore wind development in North Carolina. Duke Energy, the state’s largest utility, holds a neighboring lease in the same area but paused development last year as it reevaluated costs and policy conditions.

As state regulators and utilities map out how to meet future demand, the loss of Carolina Long Bay narrows the range of options.

For residents, the stakes may ultimately show up in monthly bills.

“When we limit our choices,” Kollins said, “we limit our ability to control costs.”

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