NC Legislative Update: November 2016

Maynard Nexsen
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As one of the country’s true swing states, North Carolina acted accordingly in the 2016 election. There are a number of close races and all vote totals are UNOFFICIAL until they are canvassed. There are provisional ballots ad mail-in ballots, postmarked, but not received prior to the election. After the canvass, losing candidates in extremely close races may demand a recount. The NC Board of Elections circulated this document that outlines the process for canvassing and requesting recounts. A candidate may request a recount after canvassing is complete if: 1) for a statewide race is within the margin of 10,000 votes; 2) within 1% of all ballots cast for non-statewide races. Recounts must be called for by Nov. 22.

President-elect Trump (R) won handily, as did Sen. Burr (R). The vote for Governor is very close, with Attorney General Roy Cooper (D) leading by 5,001 votes over incumbent Governor Pat McCrory (R), a margin of .11%. Cooper declared victory but Gov. McCrory has yet to concede. Provisional ballots have not been counted and the unofficial vote won’t be made official until November 18th, when the votes are canvassed.

There are currently four Council of State races within a 1% margin of victory: Governor; Attorney General; Auditor; and Insurance Commissioner. The Attorney General’s race, an open seat, has Josh Stein (D) leading by 20,793 votes, a margin of .46% over Buck Newton (R). Stein declared victory and Newton has yet to concede. It also appears that longtime incumbent Insurance Commissioner Wayne Goodwin (D) will lose to Mike Causey (R). It also appears that longtime incumbent Superintendent June Atkinson (D) will also lose her race by 1.2%.

The House and Senate figures are also tentative, with a handful of races that appear subject to potential recount, or could be affected by provisional ballots. However it does appear that Republicans in both the House and Senate will retain their super majorities.

Senate Republicans will likely gain a seat following Danny Britt’s (R) upset of Sen. Jane Smith (D-Columbus) in a district that is considered a strong Democratic seat. However, one race that is extremely close is the seat currently held by Sen. Barringer (R-Wake), who is leading by 1,029 votes, a margin of .85%. If that result does not change, Senate Republicans will increase their majority by one, to 35-15.

In the House, Democrats appear likely to pick up a net of one seat. The Republican majority is currently 75-45, which includes Rep. Tine (U-Dare) who caucused with the GOP and did not seek reelection. That majority is likely to drop to 74-46. However, the path to that result was somewhat unconventional, with the defeat of a number of incumbents from both parties. Republicans retained the seat held by Rep. Tine (U-Dare), won the open seat being vacated by Rep. Waddell (D-Columbus), who was not seeking reelection, and defeated incumbents Rep. Salmon (D-Harnett), Rep. Queen (D-Haywood).

Democrats won the open seat held by Rep. Jeter (R-Mecklenburg), who was not seeking reelection, and defeated incumbents Rep. Avila (R-Wake), Rep. Pendleton (R-Wake), and Rep. Bryan (R-Mecklenburg).

Among the surprise upsets of incumbents was the lone NC Supreme Court seat on the ballot. Judge Mike Morgan, who was endorsed by the Democratic Party in a technically nonpartisan race defeated conservative sitting Justice Bob Edmunds, who had the support of the GOP. The result tips the balance of North Carolina’s highest court away from a 5-4 Republican majority to a 5-4 Democratic majority.

The North Carolina Free Enterprise Foundation has a complete analysis of the all the federal and state-level races which includes the vote totals in all of the legislative races as well, can be found here.

Presidential:
Donald J. Trump REP 2,339,752 49.90%
Hillary Clinton DEM 2,162,779 46.13%

U.S. Senate:
Richard Burr (I) REP 2,371,439 51.11%
Deborah K. Ross DEM 2,103,334 45.33%

Congressional Delegation:
10 GOP – 3 DEM

Governor:
Roy Cooper DEM 2,281,851 48.97%
Pat McCrory (I) REP 2,276,850 48.86%

Lt. Governor:
Dan Forest (I) REP 2,370,380 51.87%
Linda Coleman DEM 2,069,568 45.28%

Attorney General (Open Seat):
Josh Stein DEM 2,277,288 50.23%
Buck Newton REP 2,256,495 49.77%

Auditor:
Beth A. Wood (I) DEM 2,233,981 50.03%
Chuck Stuber REP 2,230,880 49.97%

Agriculture Commissioner:
Steve Troxler (I) REP 2,499,828 55.61%
Walter Smith DEM 1,995,302 44.39%

Treasurer (Open Seat):
Dale R. Folwell REP 2,349,527 52.74%
Dan Blue III DEM 2,105,522 47.26%

Secretary of State:
Elaine Marshall (I) DEM 2,341,413 52.23%
Michael LaPaglia REP 2,141,831 47.77%

Insurance Commissioner:
Mike Causey REP 2,248,352 50.43%
Wayne Goodwin (I) DEM 2,209,668 49.57%

Labor Commissioner:
Cherie Berry (I) REP 2,480,278 55.22%
Charles Meeker DEM 2,006,341 44.67%

Superintendent of Public Instruction:
Mark Johnson REP 2,262,909 50.63%
June Atkinson (I) DEM 2,206,975 49.37%

NC State Senate:
35 GOP – 15 DEM (net +1)

NC State House:
74 GOP – 46 DEM (net -1)

NC Supreme Court (nonpartisan):
Mike Morgan DEM 2,134,638 54.45%
BobEdmunds (I) REP 1,785,826 45.55%

In the News

Donald Trump elected 45th president – TBJ
Burr re-elected to US Senate – WRAL
Despite tight race, Cooper declares victory over McCrory – WRAL
Outcome of NC governor race comes down to uncounted ballots – N&O
NC races for Senate, governor to have national impact – WCNC
GOP wave capturing statewide races – WRAL
Folwell wins N.C. treasurer's race – TBJ
GOP holds NC House, Senate super-majorities despite Wake losses – WRAL
Wake County voters approve transportation bond – TBJ

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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