NC appeals court rules against Stein in elections board case

What the court decided

The North Carolina Court of Appeals upheld a 2024 law that transferred election administration duties and the power to appoint the State Board of Elections from the governor to the state auditor. The 2-1 decision rejected Gov. Josh Stein’s argument that the change unconstitutionally removed executive authority from the governor.

Judge April Wood wrote that lawmakers did not take control of the elections board. Instead, they assigned the responsibilities to another member of the executive branch, the state auditor. Judge Valerie Zachary joined Wood in the majority.

Judge John Arrowood dissented. He argued that Senate Bill 382 prevents the governor from exercising constitutional responsibilities by removing the governor’s authority over appointments and administration for the state and county election boards.

What happens next

Stein said he will appeal the divided ruling to the North Carolina Supreme Court. He described the law as an improper transfer of executive power and said election administration should remain independent.

State Auditor Dave Boliek welcomed the ruling. He said it affirmed the constitutional independence of the auditor’s office and that his office would continue carrying out its assigned election duties.

The 2024 law allowed Boliek, a Republican elected that year, to appoint the elections board. The change shifted the board from a Democratic majority to a Republican majority. The next legal step will move the dispute to the state Supreme Court, where the justices can review the Court of Appeals’ interpretation of the separation of powers under North Carolina’s Constitution.