Judges Rule North Carolina Elections Board Unconstitutional

Judges Rule North Carolina Elections Board Unconstitutional

10:37am Oct 17, 2018

A three-judge panel says changes made to North Carolina's elections board over the last year were unconstitutional. But, recognizing the timing, the judges said the board can remain in place through the November elections.

Tuesday's ruling supports Gov. Roy Cooper's argument that the Republican-led General Assembly went too far in limiting his authority to name board members.

However, the ruling may prove meaningless. A proposed amendment to the state constitution on November’s ballot would allow lawmakers to appoint the board. Cooper has sued twice to keep that off the ballot. The legislature rewrote the amendment and the lawsuit was thrown out. The newer version removed attempts to strip the governor of powers to appoint members of other state boards and commissions.

Elections board spokesman Pat Gannon told The News & Observer the board is still reviewing the order and had no comment.

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