NC lawmakers approve bill stripping incoming statewide Democrats of key powers

In a drama-filled day, North Carolina Republicans on Wednesday gave final approval for Senate Bill 382.

North Carolina state Rep. Destin Hall addresses reporters during a Nov. 6, 2024, news conference in Raleigh.

Incoming statewide Democrats stand to lose many powers under a sweeping 131-page bill that received final legislative approval on Wednesday.

Senate Bill 382 cleared the House in a final override vote of 74-44. The measure shuffles around $227 million toward Hurricane Helene relief, but doesn’t spend it, prompting backlash from a handful of GOP lawmakers in western North Carolina. An additional $25 million is set aside for debris cleanup.

In a drama-filled day with some arm twisting behind scenes, Republicans got the measure across the finish line over the objection of Democratic Gov. Roy Cooper.

Cooper and a number of Democrats see the bill as an unconstitutional power grab that does little to support hurricane recovery.

Rep. Eric Ager, a Buncombe County Democrat, said the bill falls dramatically short in helping everyday residents.

“It’s been three months. We should’ve done more sooner,” Ager said. “The people of North Carolina are tired of hearing help is on the way. And it’s not coming.”

Rep. Dudley Greene, an Avery County Republican, told an emotional story of him and his family seeking shelter during the hurricane. He took exception to the notion of help not coming, noting the community response has brought people together and Republicans have passed two initial waves of relief that has not yet been fully spent.

“I’ve heard help’s not coming,” Greene said. “It has been there in western North Carolina. … To say we’re not doing anything, we’ve done it. And continue to do it. We’ve allocated money that hasn’t even had time to be spent.”

Republicans argue the bill will indeed pass constitutional muster when it faces an inevitable legal challenge. A particularly notable provision shifts State Board of Elections appoint power from the Democratic governor to an incoming Republican state auditor.

“The bill isn’t about politics,” said Rep. Destin Hall, referencing a measure GOP lawmakers proposed earlier this session to create an evenly split state elections board.

Hall added, “The constitution gives this body the ability to make certain decisions. … and that’s what we’ve done in this bill.”

He also referenced a desire by lawmakers to maximize the amount of federal spending the state receives and to take time to properly assess the damage in western North Carolina.

“You can send all the world to immediately, but you need to go and figure out where the need lies,” Hall said, adding that there will be “much more” in storm relief to come.

House Democratic Leader Robert Reives clapped back.

“What I’ve heard is a focus on politics, and I am disappointed sorely,” Reives said. “I am sorry to the people of western North Carolina that we didn’t take the opportunity today to do the right thing: to do right by you.”

Here are some of the policy ramifications of the bill:

• Prevents Gov.-elect Josh Stein from appointing members onto the State Board of Elections by transferring that authority over to Republican Auditor-elect Dave Boliek.
• Makes the State Highway Patrol an independent agency and requires Stein to get the General Assembly’s approval for a five-year appointment
• If a Supreme Court or Court Appeals vacancy emerges, Stein must fill it from a list of recommendations provided by the political party of the departing judge, thus preventing him from filling a potential GOP vacancy with a Democrat.
• Removes the seats of Wake County Superior Court Judge Bryan Collins and Forsyth County Superior Court Judge Todd Burke. Collins and Burke have ruled against election law changes that GOP lawmakers have put forward over the years.
• Prohibits Attorney General-elect Jeff Jackson from participating in lawsuits that undercut actions taken by the General Assembly. The bill says Jackson “shall not, as a party, amicus, or any other participant in an action pending before a state or federal court in another state, advance any argument that would result in the invalidation of any statute enacted by the General Assembly.”
• Prevents Lt. Gov.-elect Rachel Hunt from chairing committees on energy issues. The bill also eliminates the Energy Policy Council, which has been chaired by the lieutenant governor.
• Prevents Democratic Superintendent of Public Instruction-elect Mo Green from appealing decisions made by the Charter Schools Review Board.
• Reduces the timeframe voters can “cure” their provisional ballots from nine days to three days. Provisionals tend to favor Democratic candidates and proved essential to Supreme Court Justice Allison Riggs’ efforts to overtake the lead of Republican Court of Appeals Judge Jefferson Griffin.

© 2024 Bryan Anderson
Raleigh, NC 27616