Appeals court keeps elections appointments with auditor

Appeals court upholds transfer

A North Carolina Court of Appeals panel upheld a 2024 law transferring elections-board appointment authority from Democratic Gov. Josh Stein to State Auditor Dave Boliek. The 2-1 decision leaves Boliek responsible for appointments to the State Board of Elections and elections boards in all 100 counties.

The ruling followed a decision by a three-judge trial court that sided with Stein and found the transfer unconstitutional. A different Court of Appeals panel had allowed Boliek to begin making appointments while the appeal continued. Stein can seek review from the North Carolina Supreme Court.

The boards now have Republican majorities. Before the law, the governor appointed all five State Board of Elections members, filled vacancies, selected county board chairs and oversaw the state board’s budget.

Why the majority upheld the law

Judge April Wood wrote the majority opinion, joined by Judge Valerie Zachary. Both judges are Republicans.

The majority concluded that transferring duties between two elected executive-branch officials did not clearly violate the state Constitution’s separation-of-powers requirements. The Constitution does not expressly assign elections-board appointments to the governor, and the General Assembly can establish duties for Council of State officers, including the auditor.

The majority described its ruling as limited to this transfer rather than a rule covering every future reassignment of authority. It also concluded that Stein’s claims were ready for courts to decide.

The dissent and next steps

Judge John Arrowood, a Democrat, dissented. He argued that enforcing election laws is a central responsibility of the governor, who needs some control over state and county elections boards to carry out the constitutional duty to ensure laws are faithfully executed.

Arrowood also objected to the earlier decision allowing Boliek to make appointments before the appeal was resolved. Boliek said his office would continue carrying out its assigned election duties and work toward impartial, effective and secure elections.