A recent ruling by North Carolina judges has declared unconstitutional a Republican law that aimed to transfer the governor's authority to appoint members of the State Board of Elections to the state auditor.

Had the court not intervened, Boliek would have gained unprecedented oversight over the elections board, becoming the only state auditor in the U.S. with such powers.

In addition to the recent ruling, Governor Stein has initiated further lawsuits against other provisions of the December law that affect his powers over the Highway Patrol and judicial appointments.

The judges expressed skepticism regarding the legislative power to reassign duties, raising concerns about the implications of shifting election oversight to the auditor's office.

This law, passed in December 2024 just before Governor Josh Stein and State Auditor Dave Boliek took office, was perceived as a strategy to enhance Republican control over election processes.

Following the court's decision, Stein reaffirmed his commitment to uphold the law as an elected official through a social media post.

Critics of the legislation have labeled it a politically motivated power grab, aimed at diminishing the authority of offices held by Democrats after the 2024 elections.

The ruling allows Democrats to maintain a 3-2 majority on the State Board of Elections, preserving their control over all 100 county boards for the time being.

In response to the ruling, Republican leaders, including Senate leader Phil Berger and House Speaker Destin Hall, have announced plans to appeal, arguing that the elections board has operated in a partisan manner.

Republicans contend that the governor's control over elections fosters partisan decision-making, while Democrats argue that these legislative changes are a blatant power grab for electoral advantage.

This ruling is part of a broader trend in North Carolina where Republican leaders have sought to increase their control over election rules, often facing legal challenges.

This decision comes at a critical time, as North Carolina gears up for the 2026 midterm elections, which will feature significant races for U.S. Senate and House seats.