North Carolina—session law creating Bipartisan State Board of Elections and Ethics Enforcement—challenge by Governor—chair and restructuring of county boards—Where the legislature created the Bipartisan State Board of Elections and Ethics Enforcement following the election of Roy A. Cooper III as Governor, the Supreme Court declined to express any opinion on the Governor's argument challenging the provisions of Session Law 2017-6 requiring that the office of the chair of the Bipartisan State Board be rotated between the state's two largest political parties and the provisions restructuring the county boards of election. Cooper v. Berger, 370 N.C. 392 (2018) (Author: Justice Sam Ervin, IV)

North Carolina—session law creating Bipartisan State Board of Elections and Ethics Enforcement—challenge by Governor—selection of Executive Director—Where the legislature created the Bipartisan State Board of Elections and Ethics Enforcement following the election of Roy A. Cooper III as Governor, and the Governor challenged the law as unconstitutionally infringing on his executive powers in violation of separation of powers, the Supreme Court, after holding unconstitutional the provisions of the law concerning the composition of the Bipartisan State Board, declined to reach the issue of whether the provisions governing the selection of the Executive Director constituted a separate violation of Article III, Section 5(4) of the North Carolina Constitution. Cooper v. Berger, 370 N.C. 392 (2018) (Author: Justice Sam Ervin, IV)

North Carolina—session law creating Bipartisan State Board of Elections and Ethics Enforcement—challenge by Governor—separation of powers—structure and operation of Board—Where the legislature created the Bipartisan State Board of Elections and Ethics Enforcement following the election of Roy A. Cooper III as Governor, and the Governor challenged the law as unconstitutionally infringing on his executive powers in violation of separation of powers, the Supreme Court held that the manner in which the membership of the Bipartisan State Board was structured and operated under Session Law 2017-6 impermissibly, facially, and beyond a reasonable doubt interfered with the Governor's ability to ensure that the laws are faithfully executed as required by Article III, Section 5(4) of the North Carolina Constitution. The state's Constitution does not permit the General Assembly to structure an executive branch commission such that the Governor is unable, within a reasonable period of time, to take care that the laws are faithfully executed because he is required to appoint half of the commission members from a list of nominees consisting of individuals who are likely not supportive of his policy preferences while the Governor also is given limited supervisory control over the agency and circumscribed removal authority over commission members. Cooper v. Berger, 370 N.C. 392 (2018) (Author: Justice Sam Ervin, IV)

North Carolina—session law creating Bipartisan State Board of Elections and Ethics Enforcement—challenge by Governor—standing—Where the legislature created the Bipartisan State Board of Elections and Ethics Enforcement following the election of Roy A. Cooper III as Governor, the three-judge trial court panel erred by dismissing the Governor's complaint for lack of standing, to the extent that it did so. Apart from the legislative leaders' contention that the Governor's claim was a nonjusticiable political question, which the Supreme Court rejected, the legislative leadership did not appear to contend explicitly that the Governor lacked the necessary personal stake in the outcome of the controversy. Cooper v. Berger, 370 N.C. 392 (2018) (Author: Justice Sam Ervin, IV)

North Carolina—session law creating Bipartisan State Board of Elections and Ethics Enforcement—challenge by Governor—subject matter jurisdiction—Where the legislature created the Bipartisan State Board of Elections and Ethics Enforcement following the election of Roy A. Cooper III as Governor, the three-judge trial court panel erred by dismissing the Governor's complaint for lack of subject matter jurisdiction. This case involved an issue of constitutional interpretation-whether the statutory provisions governing the manner in which the Bipartisan State Board was constituted and required to operate pursuant to Session Law 2017-6 impermissibly encroached upon the governor's executive authority to see that the laws are faithfully executed-rather than a nonjusticiable political question, and a decision to the contrary would sharply limit the ability of executive branch officials to advance separation of powers claims. Cooper v. Berger, 370 N.C. 392 (2018) (Author: Justice Sam Ervin, IV)

North Carolina—session law creating Bipartisan State Board of Elections and Ethics Enforcement—challenge by Governor—temporary restraining order—moot—Where the legislature created the Bipartisan State Board of Elections and Ethics Enforcement following the election of Roy A. Cooper III as Governor, the Supreme Court dismissed as moot the legislative leadership's appeal from the temporary restraining order entered by the three-judge panel in the trial court following the filing of the Governor's complaint. Cooper v. Berger, 370 N.C. 392 (2018) (Author: Justice Sam Ervin, IV)