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Senate Bill 382 provides hurricane relief but has adverse effects on voting, judicial seats and more

Senate Bill 382 provides hurricane relief but has adverse effects on voting, judicial seats and more
December 18
15:00 2024

The N.C. House of Representatives voted 72-46 last week to override Gov. Roy Cooper’s veto of Senate Bill 382, the bill which directs millions toward Hurricane Helene disaster relief, but also weakens the power of several elected positions held by Democrats. Parts of the bill make changes to the voting process and eliminate two judicial seats held by Democrats, including one here in Forsyth County.

While many Republican lawmakers are selling Senate Bill 382 to voters on the $227 million that will go toward Hurricane Helene relief funds, it also contains a long list of changes that directly impact Governor-elect Josh Stein, newly elected Lieutenant Gov. Rachel Hunt, incoming Attorney General Jeff Jackson, and the Superintendent of Public Instruction Mo Green.

The law also impacts voters by making changes to election deadlines and creates two special superior court judge positions which eliminates judge seats in Forsyth and Wake counties.

Here’s a rundown of some of the changes outlined in the new law:

*Transfers State Board of Elections from Secretary of State to the State Auditor

*Changes appointment authority of members on State Board of Elections from the Governor to State Auditor

*Weakens the Governor’s ability to fill vacancies on the State Supreme Court and Court of Appeals

*Shortens the deadline for a voter to correct a registration form

*Shortens the time voters have to request a mail-in ballot

*Condenses the voting canvass process

*Eliminates elected superior judge seats currently held by Democrats Judges L. Todd Burke (Forsyth County) and Bryan Collins.

*Creates two special superior court judge positions that are appointed by leadership of the General Assembly.

The day after the veto was passed, Governor Roy Cooper and Governor-elect Josh Stein filed a lawsuit against House Speaker Tim Moore, Senate President Pro Tempore Phil Berger, and the Commander of the North Carolina State Highway Patrol, Col. Freddy Johnson.

The lawsuit focuses on a provision in the law that prevents Stein from picking his own Commander of the State Highway Patrol. More lawsuits on other provisions listed in the law are expected to be filed soon.

“It’s fundamental to our constitution that the legislature cannot both make the laws and then choose the leaders who enforce them,” said Governor Cooper. “Breaking the executive branch chain of command in law enforcement or any other executive branch agency is unconstitutional and it weakens our ability to respond to emergencies and keep the public safe.”

When discussing the new law, Adam Svolto, N.C. Justice Center director of policy and engagement, said they were extremely disappointed but remain committed to uplifting those in need. The N.C. Justice Center is dedicated to eliminating poverty in North Carolina by ensuring that every household in the state has access to the resources, services, and fair treatment it needs to achieve economic security.

“While we are deeply frustrated by this legislation, we remain committed to advocating for the robust relief our neighbors in Western North Carolina need and deserve,” Svolto said.

Democracy North Carolina, which has a mission to strengthen democratic structures and build power among disenfranchised communities, said the new law will destroy public trust in public elections.

“Drastic changes like these need to be researched, studied, and consulted by experts and people who run our elections, including the state board and county boards – not behind closed doors in a rushed process that leaves no opportunity for meaningful public comment,” said Katelin Kaiser, policy director with Democracy North Carolina. “Without these actions, what is going on can only be described as intentional voter suppression and a power grab.”

To read all the provisions outlined in Senate Bill 382, visit https://www.ncleg.gov/BillLookup/2023/S382.

 

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Tevin Stinson

Tevin Stinson

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