North Carolina
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.
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.
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.
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.”
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.
“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.
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.
Related
North Carolina
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?
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.
NC State Board of Trustees emergency meeting related to change in term of Will Wade’s buyout (from $5M to $4M, as AD Boo Corrigan said yesterday) not a new coach hire. Quickly went into closed session. No public business.
— Brian Murphy (@murphsturph) March 27, 2026
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.”
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.
North Carolina
NC offshore wind project canceled as $1B 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.
“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.
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.
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.”
North Carolina
What North Carolina Wants to See Happen in the Sweet 16
The North Carolina Tar Heels were a first-round exit in this year’s NCAA Tournament, but that does not mean that what transpires the rest of the way does not matter for the program.
It has been less than a week since the Tar Heels blew a 19-point lead in the second half against the VCU Rams, en route to an 82-78 loss in overtime. The result has raised doubts about Hubert Davis’ future as North Carolina’s head coach.
With all of that being said, here are a couple of things the Tar Heels should be wishing to happen later this week in the Sweet 16.
Duke Falls Short
The North Carolina-Duke rivalry is arguably the best one in all of sports. It was a tantalizing matchup the first time these two squared off this year, with Caleb Wilson and Cameron Boozer going head-to-head, as both players are expected to be selected in the top five of the 2026 NBA Draft.
However, the discrepancy between the two teams was apparent, even though the Tar Heels split the season series. The Blue Devils entered the NCAA Tournameent as the No. 1-overall seed in the entire field, while the Tar Heels limped into the field as a six-seed.
While North Carolina would obviously prefer playing in the upcoming round, which starts on Thursday night, nothing would make Tar Heels fans happier than to see Duke fall to St. John’s in the Sweet 16.
The Blue Devils have been playing with fire in the first two rounds, at various points, but they ultimately advanced to the second weekend of the tournament. St. John’s is a formidable opponent that could legitimately take down Duke.
One of the Teams With a Legitimate Head Coaching Option To Lose
It has been well-documented that North Carolina is likely to be in the coaching market, as Davis appears to be on his way out in Chapel Hill. If this occurs, the Tar Heels need to make a substantial hire that will elevate the program back to competing for national championships.
There will be a slew of options for North Carolina to consider, but two names to keep an eye on are Iowa State’s T.J. Otzelberger and Alabama’s Nate Oats. You may be asking yourself, ‘Why should North Carolina be rooting for potential head coach candidates to lose?’
Here’s why: the transfer portal opens on April 7, and ideally, North Carolina would want its presumed new head coach in place well before then. Those coaches will not be the only two to watch for, but they are arguably the most ideal.
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