On Jan. 26, 2018, the N.C. Supreme Court held that the provisions of Session Law 2017-6 regarding membership and appointment of the State Board of Elections & Ethics Enforcement, when taken in context with other provisions of the legislation, violated the separation of powers clause under the N.C. Constitution. Attorneys are reviewing the decision, which will be remanded to a three-judge panel for an order consistent with the ruling. That order is expected in February 2018.
Session Law 2017-6 had merged the former State Board of Elections and the former N.C. State Ethics Commission into one agency, overseen by one, eight-member Bipartisan State Board of Elections & Ethics Enforcement. The State Board has been vacant since June 2017, as this case, known as Cooper v. Berger, has moved through the courts.
We will update this space as more information becomes available.