MORRISVILLE, NC (May 2, 2025) — In a deeply troubling assault on democratic norms and transparent governance, an anonymous three-judge panel on the North Carolina Court of Appeals has enabled a partisan power grab that threatens the very foundation of fair elections in our state. Without a hearing, written opinion, or official signatures, this shadowy ruling ignores the state constitution and has cleared the way for newly-elected State Auditor Dave Boliek to flip the NC State Board of Elections and all 100 county boards from Democratic to Republican control.
The ruling halts a previous lower court order that properly maintained the governor’s constitutional authority to appoint members to election boards. Following the appeals court decision, Governor Stein requested intervention from the state Supreme Court to prevent the transfer of appointment power, expressing concerns about potential implications for pending election matters, including the contested race between Jefferson Griffin and Supreme Court Justice Allison Riggs, where Riggs currently leads by 734 votes.
North Carolina now stands as the only state in the nation where the State Auditor holds the authority to appoint members to the State Board of Elections. This unprecedented governance structure, established through Senate Bill 382, which was enacted soon after the 2024 General Election, represents a significant departure from electoral board appointment practices, especially considering when legislative leadership moved the State Board under the Secretary of State through Senate Bill 747 in 2023.
“This ruling is about power being seized through procedural manipulation rather than earned through the democratic process,” said Katelin Kaiser, Policy Director for Democracy North Carolina. “The sanctity of our elections is being compromised by those who would rather change the rules than earn the trust of voters. When decisions affecting voter freedoms happen behind closed doors, we must recognize it for what it is: a direct threat to representative and accountable government.”
“This is not justice. This is judicial sabotage. And it reeks of partisan gamesmanship at the expense of the people of North Carolina. The idea that one party can manipulate the judiciary to upend the independent administration of our voting systems is chilling and should alarm every North Carolinian, regardless of party,” said Melissa Price Kromm, Executive Director for North Carolina For The People.
“Let’s call this what it is: a brazen, partisan power grab enabled by a shadowy court and aimed squarely at sabotaging free and fair elections in North Carolina,” said Ann Webb, Policy Director with Common Cause North Carolina. “When courts are weaponized to shift power in the shadows, without public accountability, it endangers the foundation of our democracy. We will continue to push back against this overreach, and we urge every voter to stay alert and informed.”
If this ruling stands, it opens the door to a rapid, behind-the-scenes rewrite of election procedures and could allow the newly appointed board to help Jefferson Griffin steal a seat on the North Carolina Supreme Court—a race he lost and has been fighting through every means to overturn since last November.
Though some related legal challenges are moving through federal courts, the current maneuverings at the state level underscore how easily election processes can be thrown into chaos. Should the federal courts defer to state control, a new Republican-dominated board could immediately rewrite how votes are cured, how voters are contacted, and how so-called “never-residents” are purged—all under the guise of election integrity.
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Democracy North Carolina is a statewide nonpartisan organization that uses research, organizing, and advocacy to strengthen democratic structures, build power among disenfranchised communities, and inspire confidence in a transformed political process that works for all. Learn more at democracync.org.
North Carolina For The People is North Carolina’s pro-democracy coalition, aimed at educating the public on how to build a democracy where everyone participates, every vote is counted, voting rights are fully enforced, and everyone’s voice is heard. ncforthepeople.com
Common Cause NC is a nonpartisan grassroots organization dedicated to upholding the core values of American democracy. We work to create open, honest and accountable government that serves the public interest; promote equal rights, opportunity and representation for all; and empower all people to make their voices heard in the political process. CommonCauseNC.org