North Carolina’s ongoing battle over election control returned to court Tuesday, Feb. 10, as a state Court of Appeals panel heard a lawsuit between Democratic Gov. Josh Stein and Republican legislative leaders over authority to oversee the state’s elections.
North Carolina’s long-running dispute over election authority returned to court Tuesday, Feb. 10, as a state Court of Appeals panel reviewed a lawsuit between Democratic Gov. Josh Stein and Republican legislative leaders over control of the state’s election operations.
Appeals Court Hears the Case
Stein’s lawyers argued that Republican lawmakers exceeded constitutional limits by removing the governor’s appointment authority and transferring it to another statewide official. GOP attorneys contended that the General Assembly has the authority to reassign duties among elected offices.
Judges questioned both sides on how the transfer of authority would work in practice and whether it might limit the governor’s duty to “faithfully execute” state law, according to WRAL.
What the Law Does
The contested provisions were included in Senate Bill 382, which became law in December 2024. They transfer appointment authority for the State Board of Elections—and, in some interpretations, the power to select county elections board chairs—from the governor to the state auditor. The governor’s office has criticized the change as a partisan power grab and challenged the law in court, according to a press release from the Office of the Governor.
How the Courts Have Ruled So Far
The case has already moved through several levels of North Carolina’s courts. In April 2025, a three-judge panel in Wake County ruled that the law likely violates the state constitution and should be blocked.
That was not the final ruling. The state’s intermediate Court of Appeals later permitted the law to take effect while the case proceeds, allowing Republican State Auditor Dave Boliek to start appointing new elections board members.
Officials React
Stein has cautioned that transferring control of the State Board could introduce partisan influence into the administration of elections. Boliek, elected state auditor in 2024, has expressed a different perspective. His office said it is prepared to take on the transfer and plans to appoint board members who uphold the law, as per the State Auditor’s Office.
Why This Matters
Control of the State Board of Elections carries broader implications beyond Raleigh politics. The board oversees early voting, provisional ballots, campaign finance enforcement, and election result certification, all of which could influence major contests in 2026.
The dispute is taking place alongside the unresolved 2024 state Supreme Court race and a high court currently holding a 5-to-2 Republican majority.
Legal Implications
The lawsuit hinges on a key constitutional question: whether lawmakers can reassign powers the governor considers central to the executive’s duty to faithfully execute the laws, or if certain functions are inherently tied to the governor and cannot be transferred.
The Wake County panel’s majority found that the changes likely exceeded constitutional limits and should be blocked. A dissenting judge disagreed, arguing that the General Assembly has the authority to reassign executive functions among statewide officials.
What Happens Next
The Court of Appeals is expected to issue a written ruling that will either reinstate the lower court’s block on the law or approve the transfer of power. Regardless of the outcome, the losing party can appeal to the North Carolina Supreme Court.
Meanwhile, the practical effects are already unfolding, with new appointments and county board changes underway as the legal battle continues. These issues could extend into the spring as both sides push for emergency measures and a final ruling.
