South Raleigh News

Earlier this week, all five living former governors of North Carolina filed a brief in the state's Court of Appeals. This bipartisan group is supporting Governor Roy Cooper's challenge against Senate Bill 749. The bill, enacted last year, aims to transfer control of the State Board of Elections and all 100 County Boards of Elections to the General Assembly. It was passed over Governor Cooper’s veto without any Democratic support, prompting him to file a lawsuit claiming it violates the Constitution's separation of powers.

Governor Cooper stated, "All living North Carolina governors – Republican and Democrat – agree this legislation is unconstitutional and unjustified." He added that the courts have previously rejected such changes and emphasized that North Carolina has maintained safe elections under the current system for decades.

In March, a three-judge panel permanently blocked Senate Bill 749 from taking effect. They described it as a “stark and blatant removal of the appointment power” violating both the state constitution and Supreme Court precedents. However, Republican legislative leaders have appealed this decision.

On Tuesday, Governors Hunt, Martin, Easley, Perdue, and McCrory—comprising two Republicans and three Democrats—filed a brief with the appellate court. They argued that Senate Bill 749 is not only “unconstitutional,” but also lacks justification for its enactment. The governors highlighted that since 1901, North Carolina's Board of Elections has operated under a structure where members are appointed by the governor. This system has consistently ensured lawful elections.

The former governors cited examples where closely contested elections were decided against incumbent interests and praised election officials for handling complex issues recently. They warned that Senate Bill 749’s structure could lead to deadlocked votes between Republicans and Democrats on election boards. Such gridlock might delay election results into holidays or beyond, potentially shifting decision-making from voters to courts or legislators.