Stein and Cooper sue NC Republicans over changes to State Highway Patrol in powers bill
Incoming Gov. Josh Stein sued Republican legislative leaders on Thursday over a new law that strips him and other newly elected Democrats of longstanding powers.
Stein, who filed the lawsuit in Wake County Superior Court alongside Gov. Roy Cooper, called the law an “unconstitutional and dangerous power grab.”
“This law threatens public safety, fractures the chain of command during a crisis, and thwarts the will of voters,” he said in a statement. “Our people deserve better than a power-hungry legislature that puts political games ahead of public safety.”
House Republicans enacted the law, Senate Bill 382, on Wednesday after voting along party lines to overturn Cooper’s veto.
The vote came in the final days of the GOP’s veto-proof supermajority, which the party lost by one seat in this year’s elections.
While the bill is wide-ranging in its removal of power from incoming office holders, Stein’s lawsuit narrowly targets changes to the State Highway Patrol.
Under SB 382, the State Highway Patrol becomes a standalone department, rather than a component of the N.C. Department of Public Safety.
The bill also specifies who will serve as commander of the State Highway Patrol, limits the governor’s power to replace him and prohibits the governor from removing the commander without legislative approval.
“In the moments of crisis that periodically face this state and its governor, a clear chain of command ultimately leading to state’s elected chief executive is vital to protect public safety,” Stein argues in his lawsuit. “Breaking that chain profoundly weakens the state’s ability to respond effectively and efficiently to emergencies in a clear and coordinated fashion.”
The lawsuit does not target the other power shifts in SB 382, including changes to the State Board of Elections and the authority of the attorney general.
What else is in SB 382?
The bill, which is partially titled “disaster relief,” moves $227 million to a Hurricane Helene relief fund, but mostly deals with taking power away from newly elected Democrats.
In a statement Thursday, Cooper suggested more lawsuits targeting the bill may be on the way.
“The language in that bill was introduced just days after the 2024 elections and included a variety of provisions that undermine the results of the election,” he said. “... The bill also contains a variety of provisions that violate the separation of powers and unconstitutionally reduce executive power.”
SB 382 removes the governor’s ability to appoint members to the State Board of Elections and instead gives it to the state auditor, which will be Republican Dave Boliek. That means the board will likely shift to having a Republican majority for the first time in eight years.
Republicans have tried for years to wrest control of the elections board from Democrats, but their efforts have largely been blocked by courts and voters.
SB 382 also forbids the attorney general, which will be Democrat Jeff Jackson, from taking any position in court contrary to that of the General Assembly or any position that would lead to a state law being struck down.
The offices of lieutenant governor and state superintendent, both of which were won by Democrats this year, also lose some powers in the bill.
The bill was written in secret and fast-tracked to an initial vote last month with no committee hearings.
In his veto message, Cooper called SB 382 a “sham” and said “it does not send money to Western North Carolina but merely shuffles money from one fund to another in Raleigh.”
This story was originally published December 12, 2024 at 6:36 PM.
