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
North Carolina mail carrier kidnapped and killed while on her route, authorities say
A man kidnapped and killed a U.S. Postal Service worker while she was delivering mail in North Carolina last week, police said, orphaning her two daughters, who lost their father just a few months before.
Brandi Reynolds, 35, was found dead following a call for help to authorities in Hays, North Carolina, Friday afternoon, the North Carolina State Bureau of Investigation said in a statement.
“I can confirm that Brandi Reynolds was delivering mail on her route when the incident occurred,” U.S. Postal Inspector Michael Martel said by email.
Prosecutors in Wilkes County charged William Craig Durham, 56, of the community of Roaring River, with first-degree kidnapping and murder, according to court records.
The defendant, arrested the day of the murder, remained in Wilkes County Jail on Tuesday, according to a third-party inmate information service used by the county. His lawyer did not immediately respond to a request for comment Tuesday.
A warrant filed in district court alleged Durham committed kidnapping “by unlawfully restraining the victim, removing the victim from one place to another without the consent of the victim.”
It said Durham carried out the alleged kidnapping “for the purpose of terrorizing” Reynolds and “doing serious bodily injury” to her.
It’s unclear how Durham allegedly committed the killing. Any weapons that may have been used were not mentioned in the document, and any motive was unavailable.
On Monday, district court Judge Robert J. Crumpton ordered the defendant to remain in custody without bond, citing his “significant criminal record.”
State prison records show Durham has served time for second-degree kidnapping, assault on a female and possession of a gun by a felon, among other offenses.
An investigation into the killing was being conducted jointly by the United States Postal Inspection Service, the Wilkes County Sheriff’s Office and the North Carolina State Bureau of Investigation, the bureau said.
Reynolds was the mother of two girls, according to her obituary. She lost her husband, Brent Reynolds, on Dec. 23, 2025, when the pickup he was driving veered off a road in Rhonda, North Carolina, and struck a tree, according to NBC affiliate WXII of Winston-Salem.
His obituary stated at the time that he was the father of the couple’s two girls — “the light of his life.”
Reynolds’ obituary, likewise, stated that her daughters “were her whole world.”
She left behind her mother, two sisters and several nieces and nephews, it said.
“The U.S. Postal Service is deeply saddened about the death of our colleague, Brandi Byrd Reynolds,” Postal Service spokesperson Martha Johnson said by email. “We extend our heartfelt sympathies to her family, friends, and co-workers at the Hays Post Office.”
North Carolina
NC budget plan could boost Durham schools, workforce
RALEIGH, N.C. (WTVD) — North Carolina lawmakers have released a long-delayed state budget proposal that includes higher pay for educators and state employees, along with new funding for community colleges.
The plan, still awaiting legislative approval, outlines several provisions that would directly affect Durham.
The proposal calls for an average 8% raise for teachers and a 3% raise for most state employees, plus one-time bonuses. It also fully funds “Propel NC,” a new community college funding model that rewards schools for training students in high-demand careers rather than focusing solely on enrollment.
Durham Technical Community College President JB Buxton said the model would strengthen programs tied to the region’s growing industries.
“It’s a very good budget for the community colleges,” Buxton said.
Full proposed budget
Durham Tech expects increased support for programs in life sciences, healthcare, and skilled trades — fields that continue to drive the Triangle’s economy. Buxton said those programs reflect the needs of employers across the region.
“If you think about things like electrical systems and technicians, in addition to HVAC, and plumbing and welding, if you think about biomedical engineering, those are areas that are in demand here,” he said.
Buxton said building a strong talent pipeline is essential as the region expands.
“We want to be the workforce development engine in this area, but we also want to be an economic development engine and kind of power our companies,” he said. “Not only bring people to opportunity, but give companies what they need to grow.”
The House and Senate are scheduled to vote on the budget on Wednesday and Thursday. If it passes both chambers, it will go to Gov. Josh Stein, who said he plans to review it closely before deciding whether to sign it.
“What we want is for the state to pass a budget that invests in our people,” Stein said, adding he wants to see more focus on education, public safety and mental health. “There are many things that the state needs to invest in, and we will be scrutinizing it, just as everyone else is, to see if it meets that test.”
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North Carolina
North Carolina budget nears completion with focus on pay raises
RALEIGH, N.C. (WTVD) — North Carolina lawmakers are nearing agreement on a new state budget that Rep. Zack Hawkins says could bring long-awaited stability to agencies and employees who have been operating under 2023 spending levels.
Hawkins, a Democrat representing Durham, said Monday that legislators are close to finalizing the budget after waiting 1,000 days since the last budget passed
“We’re going to potentially meet the June 30, July 1 deadline, so that there’s stability for all the agencies and all the entities that depend on the state budget,” Hawkins said.
Hawkins said the prospect of a finalized budget offers needed certainty.
“The opportunity for them to have a budget means stability,” he said.
The expected spending plan centers on pay increases for educators and state employees. State workers could receive an average 3% raise and a $1,700 bonus for those earning under $75,000. Hawkins said the goal is to ensure workers have a “strong and respectable pay scale.”
“State employees know that they’re not going to get rich, but we need to make sure that they have a strong and respectable pay scale, bonuses that keep up with inflation, and the benefits, of course, that the state of North Carolina brings, and so we’re hoping that we value them in this budget,” he said.
Teachers could see an average 8% raise. Hawkins, a former educator, said he hopes North Carolina can lead the South in teacher pay.
“And eventually beating the national average. But alongside that, we really want to make sure that there’s an opportunity to keep and retain teachers who’ve been teaching for 10, 15 and 25 years,” he said.
The budget is also expected to include a 13% pay raise for law enforcement, according to a post from Rep. Brenden Jones, who celebrated the finalization of the budget.
The budget could come with a plan to reduce the personal income tax rate and a higher tax rate for sports gambling operators. The rate would increase from 18% to as high as 23%, a change Hawkins supports.
“We can bring in even more revenue, because it’s going to some really good places, it’s going to universities, athletic departments, it’s going to support youth sports, it’s going to support outdoor opportunities and grants,” he said.
One proposal not included in the budget is funding for a Major League Baseball stadium in Raleigh. Hawkins said the Senate-led idea was not the right fit this year.
“Because we have to make sure that we’re taking care of our basic obligations, our people,” he said.
Hawkins said agencies have been operating under the 2023 budget, affecting hiring and pay raises. Many are waiting for Tuesday’s release of the new spending plan.
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Copyright © 2026 WTVD-TV. All Rights Reserved.
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