A North Carolina appeals court ruled Wednesday that a law stripping the governor's authority to appoint State Board of Elections members can take effect for now, even though trial judges struck it down as unconstitutional last week.
WUNC reports that three judges on the intermediate-level Court of Appeals unanimously granted the request of Republican legislative leaders to suspend enforcement of that ruling. If left intact, the decision means appointment duties would shift — as soon as today — from new Democratic Gov. Josh Stein to GOP State Auditor Dave Boliek, at least temporarily.
Barring a contrary ruling by the state Supreme Court, the decision means Boliek could appoint the board’s five members from slates of candidates provided by the state Democratic and Republican parties. Stein’s lawyers asked the Supreme Court late yesterday to temporarily halt the Court of Appeals decision.