Thomas Farr, a Raleigh attorney who has represented the lawmakers for several years in the elections law case, sent a letter to William McKinney, Cooper’s general counsel, arguing that neither the governor nor Stein have the authority to discharge him and others at his firm from the case and that he and others plan to continue in the case.
If the request by Cooper and Stein to withdraw the appeal is granted, the State Board of Elections, its individual members and its executive director will not immediately be withdrawn from the case. They would have to make similar requests.
A spokesman for the state Board of Elections said the director, board members and staff learned of the decision by Cooper and Stein on Tuesday morning. A conference-call meeting had previously been scheduled for 2:15 p.m. Wednesday, but that meeting is now likely to include discussion about next steps.
North Carolina legislative leaders who shepherded the voting-law changes through the Republican-led General Assembly could continue an effort for U.S. Supreme Court review, but they would have to petition to intervene in the case. They are not named in the lawsuit.