Court Blocks Most of North Carolina GOPs Legislative Coup, Including Election-Board Power Grab
Source: Slate
On Friday, a North Carolina state court ruled that most of the Republican-dominated legislatures December power grabwhich stripped authority from the incoming Democratic governorviolated the state constitution. The three-judge panel found that the legislatures attempt to deny Gov. Roy Cooper control over the state election board violated the constitutional separation of powers, as did efforts to stack his administration with holdovers appointed by former Republican Gov. Pat McCrory. Presuming Republicans appeal, they face long odds at the liberal-leaning state Supreme Court, which previously blocked the election-board takeover.
The courts decision was fairly predictable given the North Carolina Constitutions stringent separation-of-powers requirements. Article I of the state constitution declares that legislative and executive power shall be forever separate and distinct from each other, while Article III vests all of the executive power
in the Governor and commands that he or she must take care that the laws be faithfully executed.
In reshaping the state election board, Republicans ran afoul of these decrees. As the court noted, the state boardwhich creates and enforces rules regarding voting and appoints members to the states 100 county election boardsis housed in the executive branch. The boards composition reflects that fact. Traditionally, the state board consisted of five membersall appointed by the governorwith three from the governors party and two from the minority party. In turn, each county election board consisted of three members, with two from the governors party and one from the minority party. The structure of the board, in other words, ensured that the governor had a say in the states voting procedures. (And under GOP control, Republicans slashed early voting and purged thousands of minority voters from the rolls.)
In December, after McCrory conceded defeat, Republicans attempted to overhaul the boards to prevent Cooper from taking control over them. They passed a law merging the state election board with the State Ethics Commission, creating a New State Board with eight members. Under their law, the governor and legislature would each select four members, and the board would require a supermajority of six votes to take any action. A Republican would chair the board in election years, and a Democrat would chair it in off-years. Each county board would be comprised of four members, two Democrats and two Republicans, and would require three votes to act.
snip - more to read
Read more: http://www.slate.com/blogs/the_slatest/2017/03/18/north_carolina_legislative_power_grab_blocked_in_court.html
Here is a link from a local TV Station - WRAL - slightly different spin/wording
http://www.wral.com/judges-deliver-split-decision-in-fight-between-cooper-lawmakers/16590961/
nclib
(1,013 posts)Not only is he a bigot, but he is also petty.
NRaleighLiberal
(60,013 posts)Hey there buddy!
Saw you were talking tomatoes this morning.
NRaleighLiberal
(60,013 posts)I've been happily busy doing this stuff...keeps the mind off of the other stuff (that we come here to discuss!).
We are over over over over DU for an NC meetup!!!!
nclib
(1,013 posts)Post some dates you are available in the NC group sometime. I know you travel a lot.
NRaleighLiberal
(60,013 posts)so i am on an opposite schedule until early summer.
Nitram
(22,781 posts)essaynnc
(801 posts)An NC transplant here, we were wondering with bated breath how this insanity would play out in the courts! I had no idea that it would end sooooooo well !! WAHOOOOOOOOO!!
littlemissmartypants
(22,631 posts)Here's another twist on it from Election Law blog...
http://www.democraticunderground.com/10697066
Thank you for the post NRaleighLiberal.
All the best!
♡lmsp
secondwind
(16,903 posts)Wounded Bear
(58,634 posts)they keep bringing up initiatives here to require supermajorities in order to raise taxes. It has passed a couple of times, but struck down in the SSC each time.
They want minority rule, because they know they are a permanent minority.
Hortensis
(58,785 posts)right wingers a well-earned bad reputation that should survive to 2018.