Update on Senate Bill 382
- Topsail Times
- 2 days ago
- 2 min read
By Christian Fraley, NCGOP
On Wednesday April 23rd, 2025, a 3 Judge panel in Wake County issued a 2-1 decision in favor of Governor Stein-effectively striking down a provision of Senate Bill 382.
The provision of Senate Bill 382, if upheld, would have modified the State and County Board of Elections. This modification, if upheld, would have placed control and supervision with our State Auditor and remove this power from the Governor.
The Court ultimately concluded, since the State and County Board of Elections exercise primarily executive functions, the Governor is the only individual constitutionally permitted to exercise control and supervision over the State and County Board of Elections.
The Court further concluded, the only way in which this reassigning of duties could take place, would be through a Constitutional Amendment, and since the General Assembly did not do that, the provision of Senate Bill 382 responsible for this modification, is unconstitutional.
Questions:
What is to be expected now regarding the State and County Board of Elections?
As of now, everything stays how it currently is. This means that the Governor is the only individual in control of the County and State Board of Elections. We have received information that regardless of any further litigation, the State Board of Elections will be appointing the other (4) members of the County Boards in June. Barring any further court decision in this case, the appointments laws prior to the changes in 2023 are now in effect, meaning that the State Board members’ terms remain in effect until 2027. Additionally, barring further court decision, the county board chairs will be appointed by the Governor in June.
What is expected with the legal pathway of this Case?
We anticipate a timely and quick appeal to the North Carolina Court of Appeals by the General Assembly appealing against the decision by the Superior Court. We are still working closely with the Auditors office to submit your nominees for the Board of Elections and are maintaining our preparation in anticipation of a favorable result. Additionally, we are closely monitoring the case and will be providing updates as they are relayed to us here at NCGOP. We appreciate all of your hard work during this time and will keep you informed.