NC Legislative Rewrite Undermines Democratic Principles

Legislative Rewrite of Judicial Elections and Election Board Composition Undermines Democratic Principles
SB 4 would usurp executive powers for partisan purposes

RALEIGH – State Sens. Rucho, Rabon and Tucker introduced SB 4 just hours after the legislature convened its fourth special session of the year. Among its many provisions, SB 4 appears to:

  • Overhaul the State Board of Elections and change the process for appointing members, creating the potential for deadlock on the eight-member board that could lead to limitations on early voting and other voting access issues, and increasing the General Assembly’s control over members of that independent state agency;
  • Alter the structure of county boards of elections from three to four members, further creating the potential for deadlock on election issues at the county level as well;
  • Remove the right to directly appeal to the N.C. Supreme Court unless the case is first heard en banc (by all 15 members) by the Court of Appeals, ensuring that all rulings are made by a majority of Republican judges before they ever get to the Supreme Court, delaying constitutional challenges to statutes enacted by the General Assembly and making it more expensive to win court cases challenging those statutes; and,
  • Make N.C. Supreme Court elections partisan, which will inject partisanship into elections for a nonpartisan judicial body charged with impartially interpreting and applying the law.

After the bill was introduced, Anita Earls, Executive Director of the Southern Coalition for Social Justice, issued the following statement:

“Instead of a court-packing bill, it appears we got a court-denial bill. This proposal seems to delay Supreme Court review of cases, including those involving citizens’ constitutional rights. Unconstitutional laws could be in effect for years before the State Supreme Court would finally get the case and rule. It also means that every case will be ruled on first by a majority of Republican judges. This further encourages more partisanship instead of fostering an impartial judiciary.”

“Changing the State Board of Elections is also a partisan power grab that is not justified by any real need. The special legislative session was convened to address the needs of communities that were impacted by flooding and wildfires. Using this session for partisan trickery is not only a waste of taxpayer money, it also uses disaster victims as political pawns.”

The full text of SB 4 can be found at: http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2015E4&BillID=s4&submitButton=Go