Brianna Kraemer
Carolina Journal
The North Carolina General Assembly passed legislation in less than 24 hours funding disaster relief for western North Carolina, while also diverting some of the governor’s powers, and making other significant shifts to state government functions as Republicans prepare to lose their supermajority at the start of 2025.
Senate Bill 382 provides $227 million in disaster relief, but it also makes an array of changes to the governor’s authority within its 132 pages. One of the significant changes is stripping the governor of direct administrative authority over the State Board of Elections (NCSBE) and transferring the power over North Carolina’s elections to the state auditor, set to be Republican Dave Boliek in January.
Powers are also delegated away from the state superintendent of public instruction – soon to be a Democrat. The superintendent will no longer be able to appeal decisions of the charter school Review Board, the Center for Safer Schools will be transferred from DPI to the State Bureau of Investigation, and an Office of Learning Research will be established to evaluate private schools receiving vouchers.
Activists opposed to the bill showed up to the Senate session on Wednesday afternoon ahead of the vote to protest, with one sign reading, “power grabs are for sore losers.”
As the Senate was finishing business debating the controversial bill, public spectators watching from above repeatedly disrupted the session with applause for Democrats and other disruptive noises, prompting Senate President and Lt. Gov. Mark Robinson to respond. After Robinson asked the chamber to remain silent, they continued to cheer. Robinson told officials to clear the gallery and the Senate went into a temporary recess as the shouting heightened.
“Clear the gallery. These people cannot,” Robinson said over the ruckus. “No one here can seem to want to follow the rules. Sergeant at arms needs to clear the gallery. Perfectly willing to stay if you’re going to be quiet, but if you’re not going to be quiet, that’s the third time, you need to go. Let’s clear the gallery. Let’s go.”
Democrat members pushed back against Robinson and said “this is the people’s house.”
The House passed the bill on Tuesday night in a 63-46 vote, and the Senate passed the legislation 30-19 late Wednesday afternoon.
“The reality is this is clearly meant to tie the hands of a Democratic governor in a way that blatantly violates his duties and obligations under the Constitution,” said Sen. Lisa Grafstein, D-Wake. “This is more power being stolen from the people of this state for political gain.”
The bill also eliminates the positions of two Democrat judges in Wake and Forsyth Counties and replaces them with two new special Superior Court judgeships appointed by the Republican-controlled General Assembly.
“I implore you all to move forward with this next step,” said Sen Ralph Hise, R-Michell, focusing on disaster recovery. “But I implore you all again that there is not enough funds in the entire state coffers to rebuild these damages to the state of North Carolina. We have to have action from the federal government. Far as I’m aware, there’s only one entity in the world that can cover a $50 billion bill, and that is the US Congress.”
Senate Leader Phil Berger, R-Rockingham, said the change to the governor’s appointment power over the NCSBE comes as Democrats have fought to keep a partisan board for years.
“It’s no secret that our State Board of Elections has been plagued by political interference from the governor’s office,” said Berger in a statement. “For years Republicans have tried to bring true bipartisanship to the State Board by giving Republicans and Democrats equal representation, but Democrats have fought us every step of the way. Now, we are moving forward with a solution that will place the State Board under the Office of the State Auditor, and rid election administration of the blatant partisan politics that have destroyed the State Board’s credibility and impartiality.”
Reports circulating online indicated Robinson could sign the legislation into law on Wednesday because Gov. Roy Cooper is traveling out of state, meaning Robinson assumes the role of acting governor. However, Robinson reportedly confirmed that he has no plans to sign the bill as acting governor.
The General Assembly reconvenes one more time in December when Republicans presumably plan to override an anticipated Cooper veto of the legislation.
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