NC Legislative Update: December 2016

Maynard Nexsen
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Nexsen Pruet, PLLC

A lot has happened since the November 8th election in North Carolina. In the 28 days since the election: a federal court ruled that the General Assembly must redraw its districts by March 15th and hold a special election in 2017; oral arguments were heard today in the U.S. Supreme Court regarding North Carolina’s Congressional redistricting; there will be a special session next week in response to Hurricane Matthew; and Roy Cooper officially became Governor-elect.

Today, Gov. McCrory (R) officially conceded the closest Governor’s race in North Carolina history to Governor-elect Roy Cooper (D). The outcome of a recount in Durham County was not significant enough to cut into Cooper’s more than 10,000 vote lead, the margin needed to avoid a recount. Cooper will be sworn-in as North Carolina’s 75th Governor in January. McCrory issued his concession in a two-minute video found here
Gov. Pat McCrory concedes defeat to Roy Cooper as Durham recount wraps up – N&O 
Despite election delay, Cooper’s transition team running full steam – N&O

The race for State Auditor however, which currently has Auditor Beth Wood (D), holding a 5,976 vote lead over Chuck Stuber (R), remain unresolved. Stuber has yet to concede and has expressed that he will demand a recount following the statewide canvass from the NC Board of Elections tomorrow.

Unsurprisingly, Sen. Phil Berger (R-Rockingham) was unanimously elected by Senate Republicans to his fourth consecutive term as President Pro-Tem, the Senate’s highest post. Speaker Tim Moore (R-Cleveland) was likewise overwhelmingly chosen by his caucus to continue serving in the House’s top leadership post. The Republican caucuses in both chambers retained veto-proof majorities, making these nominations all but official.

Phil Berger nominated to serve fourth term as NC Senate leader – Winston-Salem Journal 
Tim Moore Re-Nominated as NC Speaker of the House – TWC News

Lawmakers will return for a special session next Tuesday, Dec. 13th to address the damage caused by Hurricane Matthew and relief efforts moving forward. The economic impact is estimated to be around $2 Billion, although Gov. McCrory has requested $1 Billion from the federal government. 
NC legislature’s Hurricane Matthew relief session set for Dec. 13 – N&O 
Troxler previews request to lawmakers on disaster relief – N&O

When lawmakers return in January, among the business they will address is redrawing 170 new state legislative districts in which they will also have to run in 2017. Earlier this year, a federal court ruled the maps unconstitutional and ordered them to be redrawn when lawmakers return. However, since the election the court has also determined a March 15th deadline for the new maps to be in place. The court is also requiring a special election be held for the new seats, in 2017 rather than members serving the full two-year term in their current districts. The ruling has been appealed to the U.S. Supreme Court. 
Federal court orders new NC legislative elections in 2017 – WRAL

In The News

SCOTUS hears arguments in NC congressional redistricting case – WBTV
State Health Plan Board votes to cover sex change surgery – North Sate Journal
Burr victory deserves the spotlight – Carolina Journal
Hospitals see huge uptick in mental health, substance abuse cases – Winston-Salem Journal
Principal Clerk of N.C. House to retire – North State Journal
State lawmaker, charter school parent – and now Charles Jeter will lobby for CMS – Charlotte Observer

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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