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Latest challenge to North Carolina’s power-shifting law focuses on state elections board control

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RALEIGH, N.C. (AP) — North Carolina’s current governor and his successor tacked on another lawsuit Monday disputing a key provision within a GOP law that erodes the powers of several incoming Democratic state leaders — the latest in a longstanding power struggle between North Carolina’s executive and legislative branches over who controls the state’s elections.

The lawsuit challenges one of the law’s core power shifts that move the ability to appoint members of the North Carolina State Board of Elections from the governor’s authority to the state auditor’s office — which will be run by Republican Dave Boliek next year. Democratic Gov. Roy Cooper and Gov.-elect Josh Stein, who currently serves as the state attorney general, filed the suit in Wake County Superior Court on Monday, saying in the complaint that the provision is unconstitutional and violates the separation of powers.

The change to state election board appointments will take place next spring if it isn’t blocked in court. The state elections board would likely remain under GOP control for the next few years and would trickle down to county boards as well.

“We have had the same structure for our state board of elections for nearly a century and it has served North Carolina well, with fair and secure elections across our state through every cycle,” Cooper said in a news release Monday. “These blatantly partisan efforts to give control over elections boards to a newly elected Republican will create distrust in our elections process and serve no legitimate purpose.”

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The suit from Cooper and Stein is the second challenge the pair has levied against the GOP-controlled state legislature concerning the law. Cooper and Stein are also contesting another provision that prevents the governor from choosing his State Highway Patrol commander.

Those alterations to the governor’s powers were part of a larger swath of changes to several statewide offices that Democrats won in November and will preside over next year — such as attorney general, state schools superintendent and lieutenant governor.

If the law withstands the court challenges, it would further underscore the GOP-led legislature’s tightened grip over the other two branches of government since Republicans took control of the General Assembly more than a decade ago. Last year, GOP supermajorities in both the House and Senate firmed up power even more.

Pending legal disputes in a few outstanding races, Republicans could lose their supermajority if Democratic challenger Bryan Cohn’s attempt to oust incumbent Republican Rep. Frank Sossamon proves successful. That would give Stein a slightly more effective veto stamp on future Republican legislation if Democratic lawmakers stay unified.

Republican legislators passed the law in both chambers earlier this month — not without scathing disapproval from crowds of protesters in the building.

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The bill drew the ire of House and Senate Democrats, as well as some community organizers, who denounced it as a “power grab.” They also criticized Republican lawmakers for tying the power shifts to disaster relief funding for western North Carolina in Hurricane Helene’s aftermath. Most of the $252 million in recovery funds included in the law can’t be spent until the next time the General Assembly acts.

But GOP legislators defended the bill, with incoming House Speaker Destin Hall saying during the House vote that the changes are within the legislature’s constitutional right. Republicans also point to previous Democratic actions, such as weakening the state’s first GOP governor in 1972, as reasons necessitating the legislation.

Spokespeople for Senate leader Phil Berger and House Speaker Tim Moore — who are both defendants listed in the lawsuit — did not immediately respond to requests for comment Monday evening. A state elections board spokesperson also did not immediately respond.

Changes to the state elections board aren’t a first for GOP lawmakers. Previous attempts have been blocked by courts, including a suit last year that would move board appointment authority from the governor to the General Assembly. Berger and Moore’s attorneys moved to dismiss that case last week, and the new lawsuit from Cooper and Stein seeks to replace it.



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North Carolina couple accused of causing vulture invasion sued by furious town: ‘Not good neighbors’

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North Carolina couple accused of causing vulture invasion sued by furious town: ‘Not good neighbors’


A North Carolina couple accused of luring hordes of vultures to their home and unleashing chaos on neighbors for years is being hauled to court by fed-up town officials desperate to end the feathered frenzy.

The Town of Hillsborough slapped residents Kenneth and Linda Ostrand with a civil petition, seeking a court order to shut down their relentless bird-feeding habit, blamed for allegedly drawing dozens of winged scavengers to their home and terrorizing their small town for the past two years.

“They’re a little spooky to be frank,” concerned neighbor Holden Richards told WTVD.

The Town of Hillsborough slapped residents Kenneth and Linda Ostrand with a civil petition, seeking a court order to shut down their relentless bird-feeding habit.

“Everybody thinks they’re ugly and stuff but they’re not good neighbors. They have sharp talons, so they’re not great animals to have perching on your house. I watched them pick tiles off my neighbor’s roof and I found tiles from my roof in my front yard, so I have a feeling that’s exactly where they came from.”

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The bird-brained couple is accused of leaving out food scraps for vultures, allegedly reeling in the feathered predators that have swarmed and roosted near their house, leaving foul-smelling droppings on neighbors’ homes and vehicles and causing widespread property damage deemed a risk to public safety.

Neighbor Holden Richards said the vultures “are spooky” and have caused property damage. ABC11

The complaint, filed in March, also claims the twisted pair named the birds of prey – with eerie photos submitted to the court showing dozens of vultures circling their Queens Street home, the outlet reported.

“I’m pretty sure that every one of my neighbors has probably called,” Richards said, pointing to a flood of complaints made to town officials since May 2024.

Officials blamed the couple for allegedly drawing dozens of winged scavengers to their home and terrorizing their small town for the past two years.

The Ostrands reportedly filed a motion to dismiss the town’s case last month, denying the accusations.

Linda Ostrand, a longtime wildlife rescuer, told WTVD she is being unfairly targeted by her community and claimed the circling creatures were already an issue before she moved into the neighborhood.

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Terrifying photos submitted to the court show dozens of vultures circling their Queens Street home.

“It’s sort of, it’s ridiculous, is what it is,” Linda said, noting the town changed an ordinance after the initial wave of complaints to ban wildlife feeding beyond standard feeders.

“If people didn’t have vultures around here you would hear them screaming bloody murder about the town not cleaning up the animals that have been hit by cars, because that’s what they do, they are nature’s garbage disposal,” she continued.

The Ostrands reportedly filed a motion to dismiss the town’s case last month, denying the accusations. ABC11

“I don’t know what I’m supposed to do, tell the vultures that this is a no-feed zone. I just don’t know.”

No court date has reportedly been scheduled for the couple’s fight with the town.

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Businesses worry of potential impacts as Marion tightens water restrictions amid drought

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Businesses worry of potential impacts as Marion tightens water restrictions amid drought


The City of Marion is tightening water restrictions as drought conditions persist across western North Carolina, prompting local businesses to prepare for possible impacts on daily operations.

The drought monitor released on Thursday, May 14, shows that extreme drought now covers 90% of western North Carolina.

ASHEVILLE IS MORE THAN 7 INCHES BELOW AVERAGE RAINFALL THIS YEAR, DATA SHOWS

As the region continues moving into a hotter and drier pattern, the City of Marion officials announced Stage Two water shortage restrictions less than a month after issuing a Stage One Water Advisory.

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Businesses in Marion said the quick escalation is raising concerns about what could come next if drought conditions persist.

“They put us in stage one at the end of April and already it’s not through, it’s not the end of May and they’re already putting us in stage two,” said Barbara Brown, owner of Bruce’s.

Under the Stage Two restrictions, watering lawns, gardens and golf courses will be prohibited. Washing cars, filling residential swimming pools and serving water in restaurants except upon request will not be allowed.

Brown said her restaurant is already taking steps to conserve water.

“We check the bathrooms often to make sure people have turned the water off because we have found from time to time, people leave them running,” she added.

She said she worries stronger restrictions could eventually force businesses to make bigger operational changes.

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“I’m concerned that eventually we might have to go to paper plates, paper cups, silverware,” Brown said.

Other businesses are also considering adjustments.

Kat Garner, a tattoo artist at Blue Ridge Tattoo, said water shortages could affect how the shop operates day to day.

LEADERS URGE WATER CONSERVATION AS DROUGHT DEEPENS ACROSS WESTERN NORTH CAROLINA

“We would definitely be reduced to using distilled water for everything, which would become harder if everyone’s buying it out, so that would definitely make things a little bit more difficult,” Garner said.

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The Stage Two water restrictions are set to begin Friday, May 15, at 8 a.m. and will last until further notice.



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Police: North Carolina man charged after high-speed chase in Erie County, arrested in the Town of Perry

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Police: North Carolina man charged after high-speed chase in Erie County, arrested in the Town of Perry


PERRY, N.Y. — A North Carolina man is in custody after a chase that started in Erie County and ended with an arrest in Perry.

Wyoming County Sheriff’s deputies say Ericson Vasquez-Moran, 22, rammed a Border Patrol vehicle in Erie County around 11:30 p.m. Tuesday before taking off. The suspect was spotted in Warsaw on Route 20A, but a chase was called off due to high speeds.

Then around 2:30 a.m. Wednesday, deputies say Vasquez-Moran called 911 from Perry to surrender.

He’s charged with speeding, failure to keep right, unlawful fleeing a police officer, reckless driving, and reckless endangerment in the second degree.

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Vasquez-Moran was given an appearance ticket for the Village of Warsaw Court and was released to the custody of the United States Border Patrol.



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