North Carolina General Assembly Update - October 2023 #3

Kilpatrick

KTS Strategies brings years of experience providing clients in a diverse range of industries with comprehensive policy and advocacy advice before federal, state, and local agencies. In North Carolina, we advise local municipalities, corporate transportation entities, nonprofit organizations, statewide associations, government vendors, and Fortune 500 companies before the North Carolina General Assembly and executive branch.

Below is an update on the activity at the NC General Assembly this week.

Redistricting
The General Assembly released their proposed maps of the new state House, Senate, and U.S. Congressional districts on Wednesday. The General Assembly is required to draw new legislative and congressional maps every 10 years in North Carolina based on new data from the U.S. Census. The Senate released two different versions of the congressional map that will determine the makeup of North Carolina’s 14-seat delegation in the U.S. House of Representatives. The House and Senate Redistricting Committees held public discussion-only meetings Thursday to review the maps and announced they will take final votes on them next week. If approved by the legislature, the redistricting legislation would not be subject to signature or veto by the Governor. The official maps will be used for the 2024 election cycle.

Governor Cooper Lawsuits
Governor Roy Cooper has filed two lawsuits against North Carolina Republican legislative leaders in response to recent legislation passed by the General Assembly that shifts power away from the executive branch.

On October 10th, Governor Cooper filed a lawsuit in Wake County Superior Court to challenge provisions set forth in S512, now Session Law 2023-136. This legislation would change the composition and appointments structure of several state governing boards and commissions, resulting in less positions that will be appointed by the Governor. The lawsuit also challenges a provision in H488, now Session Law 2023-108, that reorganizes the North Carolina Building Code Council to create a Residential Code Council. You can view the Governor’s statement here.

On October 17th, Governor Cooper filed another suit in Wake County Superior Court to challenge provisions in S749, now Session Law 2023-139. This legislation would increase the number of members on the State Board of Elections from five to eight and decrease the number of members on each of the 100 county boards of elections from five to four. There would be an even partisan split on each of the boards, and all appointments would be made by the General Assembly instead of the Governor. View the Governor’s statement here.

The session laws referenced above were all vetoed by Governor Cooper, but each of these vetoes were overridden by the General Assembly this year. Governor Cooper claims the basis for the lawsuits are that these provisions violate the separation of powers established in the North Carolina Constitution.

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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