Last week, North Carolina’s Republican-controlled legislature passed a striking new bill that could, under the right circumstances, empower them to weigh in on the state’s election result if the presidential race is contested in 2024. It’s a major change that could threaten voting access — as well as the state’s democratic process.
The legislation in question would give the North Carolina state legislature the ability to decide who gets to sit on local and state election boards, instead of the governor. For roughly the past century, governors have selected the five members of the state election board (usually appointing three members from their own party and two from the opposition). They’ve also picked the leader of each county board, while local officials chose the other county board members.
Under the new bill, instead of having five members, local boards would have four members, and the state board would have eight members. Both would be split evenly between the two parties, and chosen by the majority and minority leaders of the state House and Senate.
This arrangement could lead to gridlock if the election boards tie regarding a potential result. There’s currently a lack of clarity about how to resolve ties, and the House and Senate have yet to resolve differences in their versions of the bill. The House version of the bill gives the legislature the power to decide ties in the state elections board, which could give it control over decisions like whether to certify the results of a presidential election.
Democrats have expressed concern Republicans in the chamber could use the new policy to try to ensure the state’s electors back the GOP candidate, regardless of who wins the state’s presidential election. Such a move would run afoul of federal law as established by the Electoral Count Act, which was updated following the January 6 insurrection, likely triggering court challenges.
The legislation could have serious consequences for
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