RALEIGH – Gov. Josh Stein has asked the North Carolina Supreme Court to review a divided appellate ruling that upheld the transfer of state and county elections-board appointments from the governor to the state auditor.
Stein’s lawyers filed a notice of appeal and petition for discretionary review Wednesday in Stein v. Hall. The 78-page filing is docketed as No. 325P26 and challenges the North Carolina Court of Appeals’ Sept. 16 decision in case COA25-652.
The Court of Appeals ruled 2-1 that the General Assembly could move the appointment powers to another elected member of the Council of State without violating separation-of-powers protections. The ruling reversed a trial court decision that had rejected the transfer.
Stein’s petition argues that the case raises a substantial constitutional question: whether lawmakers can assign supervision of election laws to the auditor even though election administration is not a central function of that office. The filing says the appellate majority treated the state’s elected executive officers as interchangeable in a way the state constitution does not permit.
Senate Bill 382, enacted in 2024, transferred the governor’s authority to appoint all five members of the State Board of Elections to the state auditor. It also shifted authority over vacancies, removals and county board leadership. Republican Auditor Dave Boliek used that authority in 2025, changing the state board and all 100 county boards from Democratic to Republican majorities.
The appellate majority said the law did not give the legislature direct control over the executive branch because the duties remained with an elected executive official. Judge John Arrowood dissented, arguing that removing election administration from the governor prevented him from carrying out constitutional duties assigned to that office.
After the Sept. 16 ruling, Boliek said the decision affirmed the constitutional independence of the auditor’s office and that election officials would continue working to administer elections impartially and securely.
The Supreme Court has not yet ruled on Stein’s new petition. The filing leaves the existing appointment structure in place while the case proceeds.
Sources
- North Carolina Supreme Court filing, Stein v. Hall, No. 325P26, Oct. 21, 2026
- Carolina Journal, Oct. 21, 2026
- WUNC News, Sept. 16, 2026
Photo Credit: NCDOTcommunications via Wikimedia Commons, CC BY 2.0. Photograph taken Jan. 6, 2025; proportionally cropped by NC Political News. License: CC BY 2.0.
Editor’s Note: This article was drafted with the assistance of artificial intelligence and was reviewed and fact-checked by a member of the NC Political News editorial team before publication.