RALEIGH, N.C. (AP) — Outgoing North Carolina Gov. Roy Cooper vetoed legislation on Tuesday that would strip powers from several Democrats elected to statewide office this month, including removing the authority of Cooper's successor to appoint the state elections board.
What You Need To Know
Democratic Gov. Roy Cooper has vetoed Republican-backed legislation that weakens the powers of several Democrats slated to hold statewide offices next year
Republicans will try to override the veto next month, but it's unclear whether they'll have enough votes to do so
The bill would move appointments to the State Board of Elections from the Democratic governor's office to the now-Republican state auditor; it also erodes the powers of the attorney general, superintendent of public education and the lieutenant governor
The bill also contains some relief provisions for areas impacted by Hurricane Helene but most of that money can't be spent until the General Assembly reconvenes
These and other provisions, contained in a wide-ranging measure stuffed through the Republican-dominated General Assembly in less than 24 hours during a lame-duck session last week, would weaken Gov.-elect Josh Stein, as well as the next attorney general, schools superintendent and lieutenant governor — offices that are slated to be run by Democrats next year.
While the bill contains additional Hurricane Helene relief provisions, critics say the amount is relatively small and most of the relief funds can't even be spent until the General Assembly reconvenes next month. And billions of dollars more in aid may be needed in the coming months.
Democrats and their allies considered disaster items thin window-dressing for a series of partisan power grabs by the GOP before its veto-proof majority potentially goes away at year's end following the certification of the Nov. 5 General Assembly elections, where a few tight races are undergoing recounts.
In his veto statement, Cooper called the bill a "sham" that doesn't provide the necessary aid to western North Carolina and "merely shuffles money from one fund to another in Raleigh" instead.
"This legislation was titled disaster relief but instead violates the constitution by taking appointments away from the next Governor for the Board of Elections, Utilities Commission and Commander of the NC Highway Patrol, letting political parties choose appellate judges and interfering with the Attorney General's ability to advocate for lower electric bills for consumers," Cooper said.
The bill now returns to the General Assembly, where Republicans are expected to start their override attempt in Raleigh next week. They usually need all GOP House members and senators present and unified to be successful.
But that could be challenging, as three House Republicans voted no on the bill this month. All three represent areas damaged by Helene's historic flooding. One of them said he voted against the measure because it was rushed through the General Assembly.
While Republicans will still control both chambers come January, Stein could become more successful blocking GOP legislation if Democratic lawmakers remain united to uphold vetoes.
The 131-page bill would attempt to alter yet again how the State Board of Elections is appointed, likely leading to a GOP majority on a panel now controlled by Democrats.
The governor currently makes state board appointments, and the governor's party always holds three of the five seats.
Under the latest bill, starting in May, the state auditor — who will be Republican Dave Boliek — will make appointments elected. The changes likely would mean Republican board control in the near future and filter down to county election boards, too.
Other measures approved by the GOP-controlled legislature since 2016 to change the board's makeup in the interest of bipartisanship have been blocked by courts, including a 2023 law that would move board appointment authority from the governor to the General Assembly.
The vetoed bill also would move up several post-election deadlines in 2025 after Republican complaints that counties took too long this month to count provisional and absentee ballots, especially in light of an extremely close Supreme Court race. Republicans said the changes will lead to more efficient and quicker vote count releases.
The legislation also would weaken the governor's authority to fill vacancies on the state Court of Appeals and Supreme Court by limiting his choice to candidates offered by the political party of the outgoing justice or judge.
Stein, the current attorney general, will be succeeded by fellow Democratic U.S. Rep. Jeff Jackson. The bill would limit the attorney general by barring him from taking legal positions contrary to the General Assembly in litigation challenging a law's validity.
The bill also would prevent the superintendent of public instruction — a post to be held by Democrat Mo Green — from appealing decisions by a state board that reviews charter school applications.
And the legislation would repeal the Energy Policy Council, of which the lieutenant governor has been the chair. Current GOP Gov. Lt. Mark Robinson is giving way to Democrat Rachel Hunt early next year.
The bill did locate an additional $252 million for Helene relief, adding to the over $900 million that lawmakers had already set aside or started spending in previous measures this fall. But most of the money earmarked in the latest bill can't be spent until the General Assembly acts again. Cooper asked the legislature last month to consider an initial Helene spending request of $3.9 billion.