A divided North Carolina Court of Appeals has left the state auditor in control of appointments to the State Board of Elections, reversing a trial-court ruling that had restored the governor’s authority over the board.
The 2-1 decision keeps a central piece of Senate Bill 382 in effect while Gov. Josh Stein decides whether to seek review from the North Carolina Supreme Court. The ruling matters beyond the identities of five board members: the State Board supervises election administration, certifies statewide results and oversees the county boards that run voting locally.
Judge April Wood wrote the majority opinion, joined by Judge Valerie Zachary. The majority concluded that the North Carolina Constitution does not expressly assign election-board appointments to the governor and that the transfer must be evaluated under the state’s separation-of-powers framework. The panel rejected the argument that moving the appointments to an independently elected member of the Council of State necessarily prevented the governor from carrying out executive duties.
Judge John Arrowood dissented. He argued that administering and enforcing election laws are core executive responsibilities and that taking appointment and supervisory authority away from the governor interfered with those duties. The split illustrates why the case may not be over: Stein can ask the state Supreme Court to review the ruling, according to a court account published Wednesday.
The dispute traces to Senate Bill 382, a broad 2024 law enacted after lawmakers overrode then-Gov. Roy Cooper’s veto. The measure transferred the governor’s appointment power to State Auditor Dave Boliek. Under the earlier structure, the governor appointed all five members from nominees submitted by the two largest political parties, filled vacancies and selected the board’s chair.
A three-judge Superior Court panel initially sided with Stein, but the appellate court stayed that decision in April 2025. That stay allowed Boliek to appoint a Republican majority to the state board and led to changes on county boards. The appointments arrived as election administrators were preparing for municipal contests and the 2026 cycle.
For voters, the immediate consequence is institutional continuity rather than a change to registration or ballot-casting rules. Boliek’s appointees remain in place, and the auditor retains appointment authority unless the state Supreme Court intervenes or the law changes. County boards and election staff continue their existing work under the current leadership.
The decision also adds another chapter to a long-running state conflict over who controls election administration. North Carolina courts have repeatedly reviewed laws that redistribute appointment authority among the governor, legislature and other statewide officials. This ruling does not declare that every transfer is constitutional; the majority said those questions depend on the powers involved and the practical effect on the executive branch.
The next formal move belongs to Stein. If he petitions for review, the state Supreme Court could accept the case, leave the appellate ruling untouched or address the scope of gubernatorial authority more broadly. Until then, the 2024 appointment system remains the operative one.
