RALEIGH, N.C. — Democratic Gov. Roy Cooper vetoed Monday the Republican-controlled state Legislature's latest attempt to transfer executive-branch powers — this time, the attorney general's — to itself.
Senate Bill 360 would have prevented any state agency from settling certain lawsuits without the approval of North Carolina's General Assembly. State agencies currently have the power to enter settlement agreements if they are sued.
The sweeping proposal was filed a few months after the 2020 election, during which the North Carolina State Board of Elections and Democratic Attorney General Josh Stein settled a lawsuit by loosening rules for absentee voting to allow voters more flexibility during the coronavirus pandemic. They did so without the Legislature's approval.
"This bill is unconstitutional and unwise, and would prevent the Attorney General from doing his job to protect the people of North Carolina," Cooper said in a statement announcing his veto.
Republicans have pointed to that settlement, which they describe as both collusive and secretive, in explaining why the legislation is needed. And they've attacked Stein, a potential 2024 gubernatorial candidate, for his failure to defend state law.
Cooper, who previously served as attorney general, was largely expected to veto the bill, as it chips away at the power of the governor's office while also targeting the powers of the governor's administration more broadly. If the Legislature is a named party in a state lawsuit or intervenes, it would get the chance to approve any settlement agreements.
Cooper's veto is the latest loss for the GOP in a yearslong struggle between the General Assembly and the executive branch over who should have what kind of power. Cooper's veto also further indicates that the debate over election rules will continue to remain partisan heading into the 2022 midterm elections.
"Elections Director Karen Brinson Bell and Attorney General Josh Stein behaved so egregiously and improperly last year that they've lost the trust of many voters and legislators," said state Sen. Paul Newton, a Republican from Mount Pleasant, in a news release earlier this year. "This bill is intended to make sure no elections director, whether Ms. Brinson Bell or anyone else, ever has the power to secretly execute a mid-election law change via secret settlement with political allies."
Republicans largely prevailed in the 2020 election, even with those rules in place. The GOP held onto its majority in the state Legislature and swept statewide judicial races. Still, the party's persistence in highlighting the dispute indicates a lingering anger about the Legislature's lack of control. If Republicans had enough votes to overturn the governor's veto, as they hope to following the 2022 election, such a law change could impact the Legislature's involvement in lawsuits beyond elections.
"The concern I have about this is what this means, long-term consequences, for the state attorney general's ability to settle a suit that we might lose," said Democratic state Rep. Pricey Harrison, of Greensboro, who opposed the bill, in a recent committee hearing.
The Board of Elections, which is made up of two Republicans and three Democrats, unanimously approved a legal settlement in 2020 of a lawsuit filed by prominent Democratic lawyer Marc Elias saying election rules needed to be loosened to keep voters safe and avoid disenfranchising them amid the pandemic, The News & Observer previously reported.
Republican legislative leaders have described that deal as "collusive" because the elections board director was appointed by the state's Democratic governor and the agency was represented in court by lawyers from the Democratic attorney general's office.
Lawmakers say they were left out of the settlement process, and attorneys for Republican Senate leader Phil Berger and House Speaker Tim Moore previously said the agreement circumvented decisions by the General Assembly to require a witness signature on absentee ballots, The News & Observer reported.
The Legislature challenged the settlement agreement, which extended the deadline for mail-in ballots and loosened requirements for witness signatures. The nine-day extension for mail-in ballots made it all the way to the U.S. Supreme Court just five days before Election Day and prevailed.
Lawmakers proposed a bill addressing the issue a few months later, in March. It passed both chambers in a party-line vote, with Republicans supporting and Democrats opposing.
Its unclear if the Legislature will attempt to override the veto before the session comes to a close in the coming weeks, as such a vote would not pass without some Democratic support. A similar provision was included in the state House's budget proposal, but excluded from the Senate's version. The chambers are still working out a budget compromise.
