RALEIGH, N.C. (November 19, 2024) — On Tuesday evening, the North Carolina General Assembly presented Senate Bill 382 (“SB 382”), which would massively overhaul how our elections are conducted in the state. Many provisions found in the bill, which originated as a partial Hurricane Helene disaster relief bill, would purposefully erode public trust in how elections are conducted, and hand unfettered oversight of core government functions to partisan, power-hungry politicians.
As County Boards of Elections finalize the county canvass and move to officially recount votes for the NC Supreme Court race, legislative leaders have chosen to disregard the efforts of hundreds of election officials who work tirelessly to ensure local elections run safely and securely. By keeping negotiations behind closed doors, purposely leaving out voters and poll workers who would be impacted by these changes, lawmakers have put their party’s agenda over the will of the people.
If passed, Senate Bill 382 would:
Campaign Finance
- Allow political parties to use their party headquarters building funds to fund a legal action or to make donations to a candidate’s legal expense funds. Building funds may accept unlimited corporate contributions, creating a system where corporate campaign contributions could fund a never-ending cycle of political partisan litigation schemes.
Election Administration & Oversight
- Transfer the North Carolina State Board of Elections to the Department of State Auditor and require the State Auditor to “direct and supervise” the budget.
- Remove the Governor’s powers to appoint members to the State Board of Elections, granting it to the State Auditor instead, including any member vacancies. Similarly, the Governor’s appointment power of each County Board of Elections’ chair member is granted to the State Auditor.
- Reverse provisions in Senate Bill 749, which transferred the State Board to the Department of Secretary of State in 2023 and is currently being challenged in state court. The reason for this change is apparent: giving oversight to a recently elected official that aligns with the partisan makeup of the legislative leadership, effectively mooting legal action.
Mail-in & Provisional Ballots
- Require all provisional ballots to be researched and counted by 5 p.m. on the third day after Election Day. This deadline is unfeasible for many under-funded County Boards and risks compromising the accuracy and thoroughness of vote counts.
- Change the deadline to request a mail-in ballot from the “Tuesday” before the election to the second Tuesday before the election – shortening the request timeline by one week.
- Change the timeline for voters to fix or “cure” their ballots related to voter photo ID, voter registration, and mail ballot deficiencies to noon on the 3rd day after Election Day.
- Require all mail-in ballots to be counted in an ongoing meeting starting at 5 p.m. on Election Day. Supplemental meetings would be limited to UOCAVA ballots and challenges only. Mail-in ballot tallies would be announced at 5 p.m. on the third day after Election Day, including civilian mail ballots fixed or “cured” by noon that same day.
- Condense the canvass process jeopardizing voter confidence in safe and secure elections. The proposed changes fail to account for the operational realities that many election officials face when processing thousands of mail-in and provisional ballots, which could potentially lead to unsustainable and unfair working conditions for election officials.
Judicial Appointments
- Create two special Superior Court Judge positions, appointed by the NCGA leadership, while also removing two elected Superior Court seats (Superior Court Judges Bryan Collins and L. Todd Burke). This follows an unconstitutional trend by certain General Assembly leaders to appoint certain judges outside of the electoral process.
- Create funds for the Rules Review Commission to offset litigation expenses and retain private counsel.
- Abolish the Courts Commission, which studies and makes recommendations to improve issues in the Judicial Branch, like eliminating racially disparate treatment.
- Give NC Chief Supreme Court Justice Paul Newby the power to decide who the Senior Resident Superior Court judge is in each district, rather than the longest serving, which is current law.
- Require the Governor to fill judicial vacancies in the Supreme Court and Court of Appeals with a justice or judge of the same party, a similar scheme that was voted down by voters in 2018.
“Limiting public input on a bill that drastically changes how our government functions sets a dangerous precedent and weakens the democratic principles of representation and transparency. Over 5 million voters made their voices heard this election and the outcome is clear: North Carolina is a purple state that prides itself on bipartisanship and fair representation. Using a hurricane disaster relief bill to weaponize a certain party’s political agenda is a slap in the face to every voter who cast their ballot this election.” said Cheryl Carter, Co-Executive Director of Democracy North Carolina.
“The voters of North Carolina just elected a Governor, who currently has the authority to appoint the State Board and County Board of Elections. How is this not a bait-and-switch change by the Legislature, subverting the will of the voters to have the duly elected Governor maintain those powers?” said Ann Webb, Policy Director with Common Cause North Carolina.
“In a democracy, our courts belong to us. Yet this bill strips the power of the people to choose judges by removing two judgeships elected by the people and replacing them with two judgeships appointed by legislative leadership that are not beholden to the voters. It further erodes democratic principles by stripping the powers right after an election. These are actions of two-bit dictators not leaders of a democracy.” said Melissa Price Kromm, Executive Director of N.C. For The People Action.
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Democracy North Carolina is a statewide nonpartisan organization that uses research, organizing, and advocacy to increase civic participation, reduce the influence of big money in politics, and remove systemic barriers to voting and serving in elected office. Learn more at democracync.org.
North Carolina For the People Action is a pro-democracy coalition aimed at advocating for a democracy where everyone participates, every vote is counted, voting rights are fully enforced, and everyone’s voice is heard. Learn more at https://ncforthepeopleaction.org/
Common Cause North Carolina 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. Online: CommonCauseNC.org