RALEIGH, N.C. (AP) - The North Carolina General Assembly - not the governor - would choose all members of the state elections and ethics board if voters support a proposed constitutional amendment that Republicans pushed through the House on Tuesday.
The measure asks the public to consider shifting decision-making on the panel’s membership away from the governor, who now appoints all the members. It also seeks to add language to the constitution stating that the legislature controls the appointments and duties of any board or commission it creates. Republicans are calling this clarifying language, but Democrats who oppose the referendum say it actually signifies a dramatic change.
A series of state Supreme Court rulings - including one in January - has favored the governor over the legislature when it comes to who gets to pick the membership of boards and commissions that carry out state laws.
“We have had a recent legal challenge that seems to blur the lines between the delegation of the legislature and the authority of the executive branch,” Rep. David Lewis, a Harnett County Republican and bill sponsor, said during debate before the proposed amendment passed the House with 74 votes, two more than the constitution requires.
The measure now going to the Senate is among a half-dozen constitutional amendments the GOP-dominated General Assembly, which wants to adjourn later this week, wants to put on statewide ballots in November.
Legislators formally agreed late Tuesday to put their second amendment before voters. The House overwhelmingly voted to accept the Senate version of a measure that’s a proposed expansion of the crime victims’ rights currently in the constitution and approved by voters more than 20 years ago. The General Assembly had finalized a proposal Monday to enshrine the right to hunt and fish in the North Carolina Constitution.
The House also gave its approval earlier Tuesday to a mandate that registered voters show photo identification to vote in person. It got little additional debate following two hours of passionate discussion Monday night. The Senate also must act on this measure.
The board amendment, if approved by voters, would require an eight-member elections and ethics board whose members essentially would be chosen by the House speaker and Senate leader, with input from Democratic and Republican leaders in the chambers. No party could hold more than four seats, a move Republicans say would promote bipartisanship.
Lewis said the proposed amendment seeks to put an end to the legal battles over the board’s composition that have raged between the board and Democratic Gov. Roy Cooper from before Cooper even took office in early 2017.
Cooper has sued three times over GOP adjustments to the board. The amendment, if approved, appears to largely nullify previous rulings that lawmakers can’t make appointments for a majority or even half of any regulatory board carrying out executive duties.
Bills proposing to amend the constitution aren’t subject to Cooper’s veto stamp, but his press office released a memo saying the language, if approved, is a “breathtaking power grab (that) would fundamentally alter the balance of power in state government.”
The change could give GOP lawmakers the ability to choose members of powerful boards such as the North Carolina Utilities Commission and Board of Transportation, whose entire membership is picked by the governor.
“This constitutional amendment would move away from this balance of powers to legislative dominance over all three branches,” said Rep. Graig Meyer, an Orange County Democrat. Lewis said there are no plans to take away gubernatorial appointment powers from other boards. The amendment on boards and commissions passed on a largely party-line vote.
The crime victims’ amendment is known by supporters as “Marsy’s Law,” versions of which have been approved in at least five other states. The proposal is designed to ensure the rights are guaranteed and not subject to what the General Assembly approves in conventional legislation.
Legislators say it would expand the types of offenses that trigger these rights for victims or their family members, such as to learn about and attend court proceedings and for the right to speak at many of them. The amendment also would direct legislators to create clear legal avenues for victims to seek redress if they feel local prosecutors or the courts aren’t satisfying those rights.
Please read our comment policy before commenting.