NC Appeals Court Upholds GOP Control of Elections Board, Defying Democratic Governor

Key points

• The NC Court of Appeals upheld a 2024 law transferring election board appointment power from the governor to the state auditor, ruling it did not violate separation of powers.
• The 2-1 decision split along party lines, with Republican judges in the majority and a Democratic judge dissenting.
• Democratic Gov. Josh Stein lost at trial but won at the trial court level; the appeals court reversed that without a hearing, allowing the law to take effect.
• Republican State Auditor Dave Boliek now controls appointments to the state and 100 county election boards, replacing Democratic majorities.
• The board has enacted restrictions on mail-in ballots, curtailed Sunday voting, and rejected campus voting sites at a historically Black university.
• Stein plans to appeal to the NC Supreme Court, which is also controlled by a Republican majority.

Background

North Carolina has historically placed election administration under the governor’s control for over a century. Previous attempts by Republicans to shift this power were struck down as unconstitutional or rejected by voters. The current conflict began in late 2024 when the legislature, holding a veto-proof supermajority, passed a law transferring authority to the state auditor just days after Stein’s election. This follows a broader national trend of Republican-led states reshaping election rules, as seen in recent redistricting and mail-voting disputes in Missouri and other states.

How outlets are covering it

WRAL and the Raleigh News & Observer emphasize the partisan nature of the ruling, noting the court’s split along party lines and the dissenting judge’s criticism of the majority’s 'apolitical' characterization. CNN highlights the practical impacts, such as reduced Sunday voting and mail-in ballot restrictions, framing them as potential voter suppression efforts. Democracy Docket focuses on the legal precedent, arguing the ruling normalizes bypassing trial court rulings and enables political interference. All sources agree the board is now under Republican control, but they differ on whether the changes constitute legitimate safeguards or partisan manipulation. Boliek’s office and the state GOP counter that the board operates impartially and that voter access remains robust.

Why it matters

The ruling determines who controls election administration in a key swing state ahead of the 2026 midterms. It affects the integrity and accessibility of voting for millions of North Carolinians, particularly in competitive races for the U.S. Senate and state legislature. The outcome may set a precedent for how separation of powers is interpreted in other states where legislatures seek to override executive authority over elections.

What to watch

Gov. Stein will appeal the decision to the North Carolina Supreme Court. The state board will continue implementing its current policies, including mail-in ballot restrictions and early voting schedules, until a final ruling is issued. Democrats are expected to challenge the board’s actions in court and at the ballot box, while Republicans will defend the changes as necessary for election security.