The move by the Democratic leaders escalates an ongoing legal battle over GOP efforts to reshape control of state agencies and boards ahead of next month’s transition.

The new legal action focuses on Senate Bill 382, which transfers the governor’s authority to appoint members of the State Board of Elections to the state auditor, a position set to be held by Republican Dave Boliek. Additionally, the law grants the auditor the power to appoint the leaders of all county election boards, further limiting gubernatorial influence.

“These blatantly partisan efforts to give control over election boards to a newly elected Republican will create distrust in our elections process and serve no legitimate purpose,” Cooper said in a statement.

The lawsuit was originally filed by Democrats over Senate Bill 749, a bill blocked earlier this year that would have overhauled the state election board structure. With SB 382 now law, Cooper and Stein are seeking to amend the lawsuit to reflect the changes, which they argue are unconstitutional and undermine democratic principles.

“In recent years, these legislative leaders have repeatedly tried and failed to seize control of the State Board of Elections for their own partisan gain,” Stein said. “This latest move insults the voters who rejected their power grab and must not stand.”

SB 382’s provisions extend beyond election oversight. It prohibits the incoming attorney general, Democrat Jeff Jackson, from taking legal positions contrary to those of the Republican-led legislature. It also reallocates $227 million to a Hurricane Helene relief fund but does not specify how the money will be used, raising concerns about delayed aid to affected communities.

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Republicans overrode Cooper’s veto of SB 382 earlier this month, using their supermajority in the state Senate. However, starting in 2025, they will lose their veto-proof majority in the House, creating a more challenging legislative landscape.

The case now heads to Wake County Superior Court as the political fight over North Carolina’s balance of power intensifies.

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.”

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.

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.

It’s not even the end of December and North Carolina badly needed a win.

The schedule was tough, and almost every test resulted in a loss. The promise that came with a top 10 preseason ranking was fading; and the Tar Heels were headed toward spending the rest of the season on the NCAA men’s basketball tournament bubble

But the Tar Heels finally came through with a defeat of UCLA in New York City.

What has hurt North Carolina for much of the season has followed the same script: slow starts that mostly has been too much to overcome. It happened against unbeaten Florida team. UNC managed to lead in the second half before the Gators rallied. 

Against UCLA it looked like it was headed down the same path. The Bruins came out hot, and after the Tar Heels showed some fight, UCLA got the lead to 16 points with 12 minutes left. Then North Carolina stopped making mistakes. The baskets started to go in. Senior guard RJ Davis overcame some earlier mistakes by hitting the game-winning free throws to knock off the Bruins. 

Come tournament time, North Carolina will benefit from playing one of the nation’s toughest non-conference schedules All five losses have been by teams ranked in the top 20. Saturday’s victory was the second Quad 1 win for the Tar Heels. They’ll need more to justify putting a spot in the field. 

Still, there’s most of the ACC schedule to play, and Hubert Davis’ squad has some much-needed momentum heading into January, making North Carolina one of the biggest storylines from the past weekend of hoops.

Auburn looks like the best team in the country

Yes, there’s no No. 1 next to Auburn’s name. Nevertheless, the Tigers are playing like the top team in the nation after another crushing win over a ranked team.

Purdue hung around for about eight minutes before Auburn went on a 16-2 run over a seven-minute span. It was the Tigers’ ninth double-digit victory and sixth against a Quad 1 opponent.

As Auburn has looked like the top team in the country, its big man Johni Broome continues to look like the best player in the country. His 23-point, 11-rebound performance was his eighth double-double of the season, and he did it on a bad shoulder. 

Ohio State plays big against Kentucky

What a Saturday it was in Columbus. Not only did the football team win its first-round game of the College Football Playoff on campus, but the men’s basketball squad went to New York City and handled Kentucky by 20 points. It was the most surprising result of the weekend given how good Kentucky has looked under Mark Pope and how shaky Ohio State has looked. 

It was one of the worst shooting nights for one of the best offenses in Kentucky, but the Buckeyes deserve credit for taking advantage of it by controlling the paint and getting a career-night from junior guard Bruce Thornton. One week prior, Ohio State lost to Auburn by 38 and didn’t look like much. Seven days later, the Buckeyes look capable of competing in a crowded Big Ten.

Connecticut back as a contender

Remember when the sky was falling in Storrs after Connecticut didn’t win a single game in Maui?

It seems like ages ago with the Huskies not faltering since then, winning six-straight that includes wins over Baylor, Texas and Gonzaga. The latest result came with UConn holding off a pesky Butler team on the road to move to 2-0 in Big East play. 

Mississippi State overpowers Memphis

As if the SEC needed another solidified contender, Mississippi State picked up the best win in the conference with a thrashing of Memphis on the road. The Bulldogs went into FedEx Forum and quickly forced turnovers while knocking down their 3-point shots, and by the time Memphis realized what happened, Mississippi State had already had a firm grasp on the game.

The key to Mississippi State’s success has been taking care of the ball and generating steals. While the Bulldogs uncharacteristically turned the ball over more often on Saturday, they were stripping the ball away from Memphis with 15 steals, the fourth time they’ve had at least 10 in a game this season. 

The dominant win over Memphis gives Mississippi State three Quad 1 wins. It’s a crowded SEC, but Mississippi State is looking less like a bubble team and more like one eyeing a top four seed in the tournament.

Creighton shoots its way to much-needed win

Before the season, Creighton was expected to be a squad that could possibly dethrone UConn in the Big East. It hasn’t looked like one to start the season, but the Bluejays got a boost by beating Villanova.

Creighton lives and die by the 3-point shot and they made 14 on Saturday. While both teams could’ve used the victory, the Bluejays needed it with a slate coming up that includes St. John’s and Marquette next and Connecticut in the middle of January. It could be a slate that determines whether Creighton is legit or not. 

Rutgers gets stunned and continues to drop

The arrival of Dylan Harper and Ace Bailey gave optimism for Rutgers to be a relevant basketball team. So far, it’s not working out well.

The Scarlet Knights had a win snatched away by Princeton in the final second for their fourth loss in six games. To be fair, Harper and Bailey have been sensational and have lived up to expectations. The problem has been the defense, which is allowing opponents to stick around and capitalize late. It’s those mistakes that currently doesn’t have Rutgers on a trajectory toward the tournament, which would be a massive disappointment for Steve Pikiell given the talent he brought in.