NC Appeals Court upholds transfer of elections-board power to Auditor Dave Boliek
A divided North Carolina Court of Appeals on Wednesday upheld the law that moved appointment power over the State Board of Elections and county election boards from Gov. Josh Stein to Republican State Auditor Dave Boliek.
The 2-1 ruling reverses a three-judge trial court panel that had found the relevant provisions of Senate Bill 382 unconstitutional.
Judge April Wood, writing for the majority and joined by Judge Valerie Zachary, said Stein had not proved beyond a reasonable doubt that the legislature violated the state constitution’s separation-of-powers clause by reassigning the duties within the executive branch.
The court emphasized the ruling is not a blanket endorsement of future transfers of power among Council of State offices, saying those disputes must be evaluated case by case.
Judge John Arrowood dissented, arguing the law strips the governor of constitutional authority to ensure election laws are faithfully executed. He also pointed to actions taken under the new elections-board structure as evidence of political interference.
The decision preserves Boliek’s control over appointments. His appointments have already shifted the State Board and all 100 county boards from Democratic to Republican majorities.
Read the opinion: https://appellate.nccourts.org/opinions/?c=2&pdf=45361
Editor’s note:
This article was drafted with the assistance of artificial intelligence and was reviewed and fact-checked by a member of the NC Political News editorial team before publication.
