Control over elections administration in North Carolina could flip from Democratic to Republican control within hours, following a decision late Wednesday from the state Court of Appeals.
Elections decisions in North Carolina are made by political appointees, who make calls on issues such as where and when to open early voting sites, which allegations of campaign finance violations or voter fraud to refer to prosecutors, and whether to confirm election results.
Last week, a trial court ruled that Republican state lawmakers violated the constitution when they tried taking control of the elections board away from Democratic Gov. Josh Stein.
Today, the Republican-controlled state Court of Appeals overturned that decision. The two-sentence ruling offered no explanation for why the judges were overruling the trial court; it also didn’t name the judges who made the decision. And it came despite the judges hearing no oral arguments on the case.
The 15-judge court of appeals typically hears cases in panels of three judges. Because the court has 11 Republicans and four Democrats, its panels are almost always majority-Republican.
Wednesday’s ruling means that as soon as Thursday, the elections board could switch to GOP control. After Stein defeated Republican challenger Mark Robinson for governor in 2024, Republican legislators passed a law — which former Democratic Gov. Roy Cooper unsuccessfully vetoed — putting elections in the hands of the new state auditor, Republican Dave Boliek, who is close with GOP legislative leadership….
Also Wednesday, Stein immediately sent word to the North Carolina Supreme Court that he intends to appeal the ruling. Typically, big changes such as the proposed elections overhaul are put on hold while being appealed. However, it’s unclear what might happen if Boliek takes steps to overhaul the elections board quickly on Thursday before the Supreme Court can potentially step in. The state law, which the Court of Appeals put back into place Wednesday, transfers control of elections to Boliek starting Thursday.