NATIONAL NEWS

North Carolina’s high court says elections board shift can continue while governor appeals

May 23, 2025, 3:31 PM | Updated: 4:00 pm

RALEIGH, N.C. (AP) — A divided North Carolina Supreme Court confirmed Friday that it was OK for a new law that shifted the power to appoint State Board of Elections members away from the Democratic governor to have taken effect earlier this month, even as the law’s constitutionality is deliberated.

The Republican majority on the court declined or dismissed requests that Gov. Josh Stein made three weeks ago to block for now the enforcement of the law approved last year by the Republican-controlled General Assembly shifting authority to GOP State Auditor Dave Boliek.

In late April, some trial judges hearing Stein’s lawsuit declared the law unconstitutional and said the law couldn’t be carried out.

But on April 30 — the day before Boliek was allowed under the law to make the board’s five appointments — a panel on the intermediate-level state Court of Appeals ruled the law could still be carried out while broader legal questions surrounding the power shift are reviewed on appeal.

Stein’s attorneys later that day asked the Supreme Court to intervene and keep blocking the law, but the justices didn’t weigh in publicly until now, effectively handing a legal victory to GOP legislative leaders who for years had wanted to wrest board control from Democratic governors.

Boliek went ahead and made the board appointments May 1, which shifted the board’s majority from a 3-2 Democratic majority to a similar GOP majority overnight. This upended a process going back over a century in which the governor picked the five board members, three of whom are traditionally members of the governor’s party. The new board was seated and proceeded to oust Executive Director Karen Brinson Bell.

The prevailing unsigned order issued Friday and backed by the court’s five registered Republicans said there were “multiple grounds” upon which the Court of Appeals panel “could have made a reasoned decision” to suspend the trial judges’ directive to block the law.

In particular, the order read, the trial judges “unambiguously misapplied” rulings from the Supreme Court in recent years that had taken no position on whether moving powers from the governor to another executive branch official — like the elected state auditor — was constitutional. Instead, the order read, the trial judges used those rulings to declare the transfer was in fact unconstitutional.

“The Court of Appeals’ ruling was not manifestly unsupported by reason or so arbitrary that it could not have been the result of a reasoned decision,” the order said.

Associate Justice Richard Dietz, a Republican who wrote his own opinion, acknowledged that it was too late for the Supreme Court to get involved at this juncture, pointing out that the auditor has made appointments and new board staff is being hired.

“The status quo has changed,” Dietz wrote. “It would create quite a mess to try to unring that bell through our own extraordinary writ.”

Stein can still continue to appeal the broader legal issues surrounding the case by going through the regular appeals process, which likely will take at least several months. Meanwhile, the new board will make its mark, carrying out campaign finance laws, setting voting administration rules and preparing for the 2026 midterm elections.

Associate Justice Anita Earls, one of the two registered Democrats on the court, blasted the GOP majority for explaining its weeks of inaction and seeming already siding with legislature on the broad constitutional issues over the appointments.

The other Democrat, Associate Justice Allison Riggs, pointed out in her own opinion that the Court of Appeals panel provided no reasoning in its April 30 order.

Instead, the Supreme Court majority “is rewriting precedent and creating an explanation for an unexplained Court of Appeals order in an effort to upend 125-years status quo for the North Carolina State Board of Elections while this case winds its way through the courts,” she wrote

Friday’s denials also mean that a related provision directing Boliek to choose the chairs of the county election boards starting in late June also can be carried out.

National News

President Donald Trump arrives at the White House following a weekend trip to Florida, in Washingto...

Associated Press

The Latest: Trump says his deportation policy ‘might have been too tough’ for voters

President Donald Trump, in his first major interview since his party lost control of the House and Senate in the midterm elections, said he thinks his administration was too aggressive on deportations and that he thinks he can work with Democrats in the new Congress on some kind of immigration deal. Trump and his Department […]

9 minutes ago

The Capitol is seen under gray skies after American voters this week flipped control of both chambe...

Associated Press

Congress returns to a changed Washington after GOP’s election wipeout

WASHINGTON (AP) — Congress returns Monday to a changed Washington, the Democrats having trounced Republicans in the midterm elections, but with President Donald Trump doubling down on his political threats despite the landmark GOP losses. Newly elected lawmakers arrived on Capitol Hill over the weekend, creating a jumble of split-screen moments reflective of the new […]

1 hour ago

FILE - Former President Joe Biden speaks to the South Carolina Democratic Party, Feb. 27, 2026, in ...

Associated Press

Joe Biden, in White House memoir, says Trump should carry the weight of Jan. 6 riots ‘to his grave’

ATLANTA (AP) — Former U.S. President Joe Biden writes in his White House memoir that Donald Trump, at once his predecessor and successor, has deeply damaged the country and world with an administration determined to “tear down institutions and inflame hatreds.” And the 83-year-old Democrat said the 80-year-old Trump’s years of lies about his 2020 […]

1 hour ago

Backpacks hang outside a classroom at Glen Cove Elementary on Monday, Aug. 17, 2026, in Vallejo. (A...

Associated Press

Takeaways from AP’s report on school closures in the US

VALLEJO, Calif. (AP) — The start of a new school year can be nerve-wracking under any circumstances. But for thousands of students across the U.S., this academic year brought the added difficulty of adjusting to an entirely new school after their previous ones shuttered. As U.S. birth rates continue a multidecade slide and state and […]

9 hours ago

People walk past the Urban Civil Rights Museum on Friday, Nov. 6, 2026, in the Harlem neighborhood ...

Associated Press

Few museums show the North’s Civil Rights Movement. A new one in Harlem is ‘just getting started’

NEW YORK (AP) — The National Urban League will open a museum this weekend in Harlem dedicated to the civil rights struggles in the North, the first of its kind in New York City. Located in the Urban League’s Manhattan headquarters, the Urban Civil Rights Museum in Harlem explores the region’s lesser-known histories of the […]

9 hours ago

Penny Nũnez-Brandão sits in class during her first day of school at Glen Cove Elementary on Monda...

Associated Press

School closures are accelerating in US, but more financial pain lies ahead

VALLEJO, Calif. (AP) — Minutes before first bell, Penny Núñez-Brandão scanned the crowd outside Glen Cove Elementary School, looking for familiar faces. “I don’t see any,” the fifth grader told her mom one morning in August. “None of my friends are coming.” The start of a new school year can be nerve-wracking under any circumstances. […]

9 hours ago

North Carolina’s high court says elections board shift can continue while governor appeals