Conflicts between Gov. Roy Cooper and the General Assembly of North Carolina (2017-2018)

North Carolina Legislative Conflicts

2016 North Carolina election

Governor of North Carolina

General Assembly of North Carolina

State Senate • State House

North Carolina Supreme Court

North Carolina Court of Appeals

2018 constitutional amendments

North Carolina's executive and legislative branches entered a state of conflict following the 2016 elections. The Republican-controlled General Assembly of North Carolina passed a series of bills that Democratic Gov. Roy Cooper argued were intended to undermine his authority as governor. Republicans, meanwhile, insisted that the legislation restored power to the legislature that was previously taken away by earlier Democratic administrations. This back-and-forth between Cooper and the legislature has resulted in a series of vetoes, veto overrides, and lawsuits, some of which predate Cooper's swearing-in on January 1, 2017. The Republican supermajorities in each chamber of the legislature allowed Republicans to pass legislation and override gubernatorial vetoes with little intervention by Democrats.

The federal court ordered 28 state legislative district maps in North Carolina to be redrawn because they misrepresented the racial groups living in the districts.

HIGHLIGHTS

Prior to the 2016 elections, North Carolina was one of 23 Republican trifectas. As a result of the election, Democrats took control of the governor's office and Republicans held a 35-15 majority in the Senate and a 74-46 majority in the House.

Prior to the 2018 midterm elections, North Carolina was one of 16 states under divided government. As a result of the election, the Republican supermajority ended in the state legislature.

A three-fifths majority is needed in each chamber—30 votes in the Senate and 72 votes in the House—to override gubernatorial vetoes.

Legislation passed by the legislature has included, for example, efforts to merge the state elections board and ethics commission, decrease the number of governor-appointed judges on the North Carolina Court of Appeals, require Senate approval of cabinet-level appointments, and make Superior Court and District Court judicial elections partisan.

As of March 22, 2019, Gov. Roy Cooper (D) had vetoed 28 bills since he first took office in January 2017. The Republican-controlled General Assembly used its veto-proof majorities in each chamber to override 23 vetoes. Five vetoes—House Bill 100, Senate Bill 68, House Bill 239, Senate Bill 257, and House Bill 770—include provisions that Gov. Cooper has said are unconstitutional and undermine his authority as governor.

In 1996, North Carolina became the last state in the country to grant veto power to the governor. As of March 2019, North Carolina governors had vetoed 63 bills since 1997. Thirty-nine of those bills were overridden by the legislature. In the 2017-2018 legislative session, the Republican-controlled legislature used its veto-proof majority to override 23 of the 28 vetoes issued by Gov. Cooper. That is the most that the North Carolina legislature has ever overridden in a legislative session.

Timeline

The following timeline details some of the conflicts between Gov. Roy Cooper (D) and the General Assembly of North Carolina during Cooper's first two years in office. Some legislation highlighted in the timeline are bills that Cooper said were intended to undermine his authority as governor. Timeline of conflicts between Gov. Cooper and the legislature Date Event December 27, 2018 The legislature overturned the governor's veto of HB 1029. HB 1029 included provisions to restructure the state Board of Elections and authorize the board to call for new primary elections. It also established a four-year statute of limitations on investigations into campaign finance violations. November 6, 2018 Voters rejected the Legislative Appointments to Elections Board Amendment and Judicial Selection for Midterm Vacancies Amendment, which would have transferred some of the governor's powers to the state legislature. October 16, 2018 A three-judge panel on the Wake County Superior Court ruled that parts of Senate Bill 68 and House Bill 90 were unconstitutional. The court said the laws violated the separation of powers clause. August 4, 2018 The General Assembly of North Carolina overrode Gov. Cooper's veto of SB 3 and HB 3. SB 3 prohibits North Carolina Supreme Court candidates from running with a party affiliation if they registered with the party less than 90 days before the filing deadline. HB 3 transfers the responsibility of writing ballot measure titles from the Constitutional Amendments Publication Commission to the General Assembly. June 28, 2018 The General Assembly of North Carolina referred the Judicial Selection for Midterm Vacancies Amendment to the ballot for the election on November 6, 2018. Two Republicans voted against the amendment, meaning 106 of 108 non-absent Republicans voted for the amendment. No Democrats supported the amendment. The measure would remove the governor's power to fill judicial vacancies and instead require a commission to develop a list of candidates, legislators to narrow the list down to two candidates, and the governor to select the final nominee. June 27, 2018 The General Assembly of North Carolina referred the Legislative Appointments to Elections Board and Commissions Amendment to the ballot for the election on November 6, 2018. More than 99 percent (106/107) of Republican legislators supported the amendment. One Democrat supported the amendment. The measure would remove the governor's power to make appointments to the elections and ethics board, meaning legislative leaders would make all eight appointments to the board, and provide that the legislature controls the powers, duties, appointments, and terms of office for state boards and commissions. June 20, 2018 The General Assembly of North Carolina overrode Gov. Cooper's veto of SB 486 and SB 757. SB 486 barred candidates who sought, but failed, to secure the nomination of a political party from running as a third-party candidate in the general election. It also required criminal background checks for election workers and directed judges to list political affiliation on the ballot. SB 757 changed judicial elections in Wake and Mecklenburg counties into districtwide, rather than countywide, elections. June 12, 2018 The General Assembly of North Carolina overturned Gov. Cooper's veto of Senate Bill 99, a $23.9 billion budget bill. Cooper had vetoed the bill on June 6, 2018. March 16, 2018 Gov. Cooper allowed House Bill 90 to become law without his signature. HB 90 proposed changing the number and partisan affiliation of state board of elections members. March 13, 2018 Gov. Cooper filed a motion challenging House Bill 90. The bill proposed changing the state board of elections. January 26, 2018 The North Carolina Supreme Court reversed a lower court's decision that Senate Bill 68 was constitutional. The supreme court returned the case to the lower court for a second decision. October 17, 2017 The General Assembly of North Carolina adjourned its 2017 session. In total, Gov. Cooper vetoed 13 bills in 2017. Republicans used their veto-proof majority in the legislature to override 10 vetoes. August 30, 2017 The North Carolina state legislature voted to override House Bill 770. HB 770, which is composed of multiple law changes, would reduce Gov. Cooper's power to appoint members to the North Carolina Medical Board. Cooper had six appointments to the board, but HB 770 removed two of Cooper's appointments and let legislative leaders choose the two members instead. Cooper called it "an intrusion on executive authority." The bill also clarified that state employees can draw another salary for additional work on the state’s Property Tax Commission. (House vote: 71-44; Senate vote: 30-9) August 14, 2017 Gov. Cooper vetoed a regulatory bill (Senate Bill 16) and a bill that would decrease Cooper's power to appoint members to the North Carolina Medical Board. Cooper had six appointments to the board, but House Bill 770 took away two of Cooper's appointments and let legislative leaders choose the two members. Cooper called it "an intrusion on executive authority." August 8, 2017 Gov. Cooper expanded his May 2017 lawsuit. He filed a legal brief on August 8 over provisions in the budget that he called unconstitutional. One provision required the governor to include money in future budget proposals for a school voucher program. Another provision directed how to spend federal block grants and the state's share of the Volkswagen settlement. Jim Phillips, Gov. Cooper's attorney, wrote in the lawsuit, "By dictating what the governor must include in his proposed budget, the General Assembly is exercising core executive power in violation of separation of powers." June 28, 2017 Gov. Roy Cooper vetoed Senate Bill 257, the $23 billion budget. The Senate voted 34-14 and the House voted 76-43 to override the veto. The spending plan became law. June 21, 2017 The General Assembly of North Carolina passed a $23 billion budget. The budget included a provision that limits Gov. Cooper's ability to hire private lawyers to challenge legislation passed by the Republican-led legislature. It also transferred the state Industrial Commission, which was under control of an agency in Gov. Cooper's cabinet, to the state insurance commissioner. This position was held by a Republican. (House vote: 77-40; Senate vote: 39-11) June 15, 2017 A three-judge panel rejected Gov. Cooper's request to block Senate Bill 68 pending his appeal. Senate Bill 68 proposed merging the state elections board and ethics commission and splitting the new board between Democrats and Republicans. On June 1, 2017, a three-judge panel unanimously dismissed Gov. Cooper’s lawsuit that challenged the constitutionality of Senate Bill 68. June 8, 2017 The U.S. Supreme Court affirmed the federal court decision in North Carolina v. Covington on June 5, 2017. In August 2016, a federal court ordered 28 state legislative district maps in North Carolina to be redrawn because they misrepresented the racial groups living in the districts. In reaction to the U.S. Supreme Court decision, Gov. Roy Cooper (D) called a special session of the legislature to begin on June 8, 2017, to redraw the state’s legislative district maps. The General Assembly of North Carolina voted on June 8, 2017, to cancel the special session because Cooper did not have the constitutional authority to call the session because there was not an “extraordinary occasion" to call a special session, as required by the state constitution. June 1, 2017 A three-judge panel in North Carolina unanimously dismissed Gov. Cooper’s lawsuit that challenged the constitutionality of Senate Bill 68. In April 2017, Gov. Roy Cooper (D) filed a lawsuit to block the bill from taking effect after the legislature overrode his veto of the bill. The legislation proposed merging the state elections board and ethics commission and split the new board between Democrats and Republicans. May 26, 2017 Gov. Cooper filed his third lawsuit against the Republican-led legislature over his appointment powers. He sued over House Bill 239, which reduced the number of judges on the appellate bench from 15 to 12. The legislation also prohibited Gov. Cooper from filling the next three vacancies on the court and required them to go unfilled. He also sued over a section of Senate Bill 4, which gave then-Gov. Pat McCrory the power to make a one-time appointment to fill a vacancy on the state Industrial Commission for a six-year term plus the unexpired portion of the commissioner’s term. April 28, 2017 A three-judge panel temporarily blocked Senate Bill 68. This legislation proposed merging the state elections board and ethics commission and split the new board between Democrats and Republicans. A law similar to Senate Bill 68 was ruled unconstitutional on March 17, 2017. April 26, 2017 The General Assembly of North Carolina voted to override Gov. Cooper’s veto of House Bill 239. The legislation reduced the number of judges on the appellate bench from 15 to 12. The legislation also prohibited Gov. Cooper from filling the next three vacancies on the court and required them to go unfilled. (Senate vote: 34-15; House vote: 73-44) Gov. Cooper filed a lawsuit to block Senate Bill 68 from taking effect. April 25, 2017 The General Assembly of North Carolina voted to override Gov. Cooper’s veto of Senate Bill 68. The legislation proposed merging the state elections board and ethics commission and split the new board between Democrats and Republicans. A three-judge panel found a law similar to Senate Bill 68 unconstitutional on March 17, 2017. Lawyers for House Speaker Tim Moore and Senate leader Phil Berger filed motions with the court asking that previous rulings on the merging of the two boards be vacated. (Senate vote: 33-15; House vote: 75-44.) April 24, 2017 Judge Doug McCullough, a Republican, retired early from the appellate bench so that Gov. Cooper (D) could appoint his replacement. McCullough said at his retirement announcement, "I did not want my legacy to be the elimination of a seat and the impairment of a court that I have served on." Cooper appointed Democrat John Arrowood to the bench. House Bill 239, which Cooper vetoed on April 21, 2017, reduced the number of judges on the appellate bench from 15 to 12. The legislation also prohibited Gov. Cooper from filling the next three vacancies on the court and would require them to go unfilled. April 21, 2017 Gov. Cooper (D) vetoed House Bill 239 and Senate Bill 68. April 11, 2017 The General Assembly of North Carolina sent House Bill 239 and Senate Bill 68 to Gov. Cooper. March 23, 2017 The General Assembly of North Carolina voted to override Gov. Cooper's veto of House Bill 100. The law made Superior Court and District Court judicial elections partisan. North Carolina became the seventh state to enact partisan judicial elections. (Senate vote: 32-15; House vote: 74-44) March 17, 2017 A three-judge panel found two laws unconstitutional: Senate Bill 4, which would overhaul the state and county board of elections, and House Bill 17, which would cut the number of exempt employees that the governor could appoint. The court also found that House Bill 17, which required Senate approval of the governor's cabinet appointments, did not violate the constitution. March 16, 2017 Gov. Cooper (D) vetoed House Bill 100, which would have made Superior Court and District Court judicial elections partisan. March 8, 2017 The General Assembly of North Carolina passed House Bill 100. (House vote: 74-43; Senate vote: 32-15) February 14, 2017 A three-judge panel rejected Gov. Cooper's request to continue to block the law that required Senate confirmation of his cabinet appointments. (House Bill 17) February 13, 2017 The North Carolina Supreme Court reinstated the order to temporarily block the overhaul of the election boards. (Senate Bill 4) February 10, 2017 The North Carolina Court of Appeals temporarily reinstated Senate Bill 4. February 8, 2017 A three-judge panel temporarily blocked the North Carolina law that required Senate approval of the governor's cabinet appointments. (House Bill 17) January 10, 2017 Gov. Cooper amended his lawsuit against Senate Bill 4 to include elements of House Bill 17. Cooper looked to block the parts of the law that would require Senate approval of cabinet positions and the law that would reduce the number of people that the governor could appoint to exempt positions. January 5, 2017 A three-judge panel ruled that the law to overhaul the state and county board of elections would not take effect until Gov. Cooper's lawsuit was resolved. (Senate Bill 4) January 1, 2017 Cooper (D) was sworn in as the 75th governor of North Carolina. December 30, 2016 Cooper (D), as governor-elect, filed a lawsuit to block Senate Bill 4. Wake County Superior Court Judge Don Stephens temporarily blocked Senate Bill 4 from going into effect on January 1, 2017. December 19, 2016 Gov. McCrory (R) signed House Bill 17, which required the governor's cabinet appointments to be approved by the Senate and eliminated the governor's power to appoint members to the UNC board of trustees. The bill also reduced the number of people that the governor could appoint to exempt positions from 1,500 to 425. Jobs designated as exempt allow the governor to hire or fire state employees at will. The General Assembly of North Carolina passed House Bill 17 on December 16, 2016. (House vote: 61-23; Senate vote: 24-13) December 16, 2016 Gov. McCrory (R) signed Senate Bill 4 on December 16, 2016, less than an hour after it passed the legislature. The bill expanded the state board of elections from five to eight members and equally split the board's membership between Democrats and Republicans. Before the law, the governor appointed three of five members to the state board of elections and two of three members to each county board. After the law, the governor would appoint four of eight members to the state board of elections, while Republicans would pick the other four. The governor would also choose two members on each county board. Republicans would choose the other two members. The bill also made state Supreme Court elections partisan. (House vote: 63-27 vote; Senate vote: 26-12.) December 5, 2016 Gov. McCrory (R) conceded his bid for re-election to Roy Cooper (D). Cooper received 49.02% of the vote to McCrory's 48.80%. McCrory lost the race by 10,263 votes. Prior to the 2016 elections, Republicans controlled the Senate, House, and governor's office. As a result of the election, Republicans lost control of the governor's office and NC became one of 19 states under divided government. November 22, 2016 Gov. McCrory requested a recount by the state board of elections because unofficial vote totals had Gov. McCrory within 10,000 votes of Cooper. November 8, 2016 Gov. Pat McCrory (R) faced Roy Cooper (D) in the general election, but the race was too close to call on election night. Republicans gained one seat in the state Senate, and Democrats gained one seat in the state House in the November 2016 election. Following the election, Republicans held a 35-15 majority in the Senate and a 74-46 majority in the House.

Background

Former Gov. Pat McCrory (R)

The 2016 election changed the political landscape of North Carolina. Before the election, Republicans held a state government trifecta, meaning they controlled the governor's office and both chambers of the legislature. As a result of the 2016 election, however, Democrats took control of the governor's office, while Republicans held a 35-15 majority in the Senate and a 74-46 majority in the House, giving them the three-fifths majority needed in each chamber to override gubernatorial vetoes. In losing the 2016 election, incumbent Gov. Pat McCrory (R) became the first North Carolina governor in North Carolina history to lose in a bid for re-election. He was defeated by North Carolina Attorney General Roy Cooper (D) by 10,263 votes. McCrory did not concede the race until almost a month after the election. He requested a recount since unofficial vote totals had him within 10,000 votes of Cooper.

Gov. Roy Cooper (D)

Following McCrory's concession, conflicts began to emerge between Cooper and the General Assembly of North Carolina. Before Cooper (D) was sworn in, the Republican-controlled legislature began passing legislation that Democrats argued was intended to curtail the governor's power. Legislation included efforts to restructure the state board of elections, to require Senate approval of cabinet-level appointments, and to decrease the number of governor-appointed judges on the North Carolina Court of Appeals. Senate Minority Leader Dan Blue (D) said of the legislation, "What we’re dealing with is a political disaster. Let’s deal with the reality: It’s a power grab. If McCrory had won the election, we wouldn’t be here now, reducing the number of positions he has control over." Cooper said that the legislation had been "unconstitutional and anything but bipartisan."

Republicans maintained that the legislation had been discussed for years and that it was returning power to the legislature that was taken away by Democrats years before. Sen. Chad Barefoot (R) said the legislation returned "power that was grabbed during Democratic administrations in the 1990s, and some in the '70s." Republican Rep. David Lewis said of the legislation, "I think, to be candid with you, that you will see the General Assembly look to reassert its constitutional authority in areas that may have been previously delegated to the executive branch."

	Fact checks:
• Did recent bills limit North Carolina's gubernatorial powers?
• Did the North Carolina legislature eliminate state supreme court oversight of the General Assembly?

Policy stakes

The table below gives information on the bills that Gov. Cooper has argued were intended to undermine his authority as governor.

Key Bills
Bills	Highlights	Actions
Senate Bill 4	Expands the state board of elections from five to eight members and equally splits the board's membership between Democrats and Republicans. The governor appoints four of eight members to the state board of elections, while Republicans pick the other four. The governor also chooses two members on each county board. Republicans choose the other two members. Before the bill, the governor would appoint three of five members to the state board of elections and two of three members to each county board. The bill makes state Supreme Court elections partisan. The bill also gave then-Gov. Pat McCrory the power to make a one-time appointment to fill a vacancy on the state Industrial Commission for a six-year term plus the unexpired portion of the commissioner’s term.	12/16/2016: Passed by House: 63-27 12/16/2016: Passed by Senate: 26-12 12/16/2016: Signed by Gov. McCrory (R)
House Bill 17	Requires the governor's cabinet appointments to be approved by the Senate and eliminates the governor's power to appoint members to the UNC board of trustees. In total, the governor makes 10 cabinet appointments. Reduces the number of people that the governor can appoint to exempt positions from 1,500 to 425. Jobs designated as exempt allow the governor to hire or fire state employees at will.	12/16/2016: Passed by Senate: 24-13 12/16/2016: Passed by House: 61-23 12/19/2016: Signed by Gov. McCrory (R)
House Bill 100	Makes Superior Court and District Court judicial elections partisan.	3/6/2017: Passed by Senate: 32-15 3/8/2017: Passed by House: 74-43 3/16/2017: Vetoed by Gov. Roy Cooper (D) 3/22/2017: House overrides veto: 74-44 3/23/2017: Senate overrides veto: 32-15 3/23/2017: Veto overriden
House Bill 239	Reduced the number of judges on the appellate bench from 15 to 12. The legislation also prohibited Gov. Cooper from filling the next three vacancies on the court and required them to go unfilled.	4/11/2017: Passed by Senate: 30-13 4/11/2017: Passed by House: 69-43 4/21/2017: Vetoed by Gov. Roy Cooper (D) 4/26/2017: House overrides veto: 73-44 4/26/2017: Senate overrides veto: 34-15 4/26/2017: Veto overriden 2/27/2019: Cooper signed a bill repealing HB 239
Senate Bill 68	The legislation would have changed the appointment procedures for members of the state elections board and merged the board with the State Ethics Commission. Under previous law, the state elections board had five members, all appointed by the governor. Historically, the board’s majority consisted of three members of the governor’s party. The bill would have expanded the board to eight members—four Democrats and four Republicans—and allowed the governor to make appointments based on lists submitted by Democratic and Republican state party chairs. In addition, the legislation would have required that a Republican would chair the board in years with presidential and gubernatorial elections, while a Democrat would hold the chair position during midterm elections.	4/11/2017: Passed by House: 71-43 4/11/2017: Passed by Senate: 29-13 4/21/2017: Vetoed by Gov. Roy Cooper (D) 4/24/2017: Senate overrides veto: 33-15 4/25/2017: House overrides veto: 75-44 4/25/2017: Veto overriden 10/16/2018: Judicial panel rules bill unconstitutional
Senate Bill 257	The $23 billion spending plan decreases the state’s personal income tax rate from 5.49 percent to 5.25 percent and the corporate income tax rate from 3 percent to 2.5 percent. It also provides for a 3.3 percent salary increase, on average, for teachers and a $1,000 raise for other state employees. The budget includes a provision that limits Gov. Cooper's ability to hire private lawyers to challenge legislation passed by the Republican-led legislature. It also transfers the state Industrial Commission, which is under control of an agency in Gov. Cooper's cabinet, to the state insurance commissioner. This position is currently held by a Republican.	6/21/2017: Passed by Senate: 39-11 6/21/2017: Passed by House: 77-40 6/27/2017: Vetoed by Gov. Roy Cooper (D) 6/27/2017: Senate overrides veto: 34-14 6/28/2017: House overrides veto: 76-43 6/28/2017: Veto overriden
House Bill 770	Part of the bill would decrease Gov. Cooper's power to appoint members to the North Carolina Medical Board. Cooper has six appointments to the board, but House Bill 770 would take away two of Cooper's appointments and let legislative leaders choose the two members. Cooper called it "an intrusion on executive authority."	8/3/2017: Passed by House: 74-34 8/3/2017: Passed by Senate: 30-10 8/14/2017: Vetoed by Gov. Roy Cooper (D) 8/24/2017: House overrides veto: 71-44 8/30/2017: Senate overrides veto: 30-9 8/30/2017: Veto overriden

Veto overrides

See also: Veto overrides in state legislatures

State legislatures can override governors' vetoes. Depending on the state, this can be done during the regular legislative session, in a special session following the adjournment of the regular session, or during the next legislative session. The rules for legislative overrides of gubernatorial vetoes in North Carolina are listed below.

How many legislators are required to vote for an override? Three-fifths of members in both chambers.

Three-fifths of members in both chambers must vote to override a veto, which is 72 of the 120 members in the North Carolina House of Representatives and 30 of the 50 members in the North Carolina State Senate. North Carolina is one of seven states that requires a three-fifths vote from both of its legislative chambers to override a veto.

How can vetoes be overridden after the legislature has adjourned?

According to Article II, Section 22 of the North Carolina Constitution, vetoes can be overridden in a special veto session that the governor must call if he or she vetoes a bill after the legislature has adjourned. If the governor does not reconvene the legislature, the bill shall become law. If a majority of legislators in both chambers sign a request saying that the session is unnecessary, then the governor does not have to call it.

Authority: Article II, Section 22 of the North Carolina Constitution.

"If the Governor approves, the Governor shall sign it and it shall become a law; but if not, the Governor shall return it with objections, together with a veto message stating the reasons for such objections, to that house in which it shall have originated, which shall enter the objections and veto message at large on its journal, and proceed to reconsider it. If after such reconsideration three-fifths of the members of that house present and voting shall agree to pass the bill, it shall be sent, together with the objections and veto message, to the other house, by which it shall likewise be reconsidered; and if approved by three-fifths of the members of that house present and voting, it shall become a law notwithstanding the objections of the Governor."

See also

• North Carolina
• North Carolina House of Representatives
• North Carolina State Senate
• North Carolina state legislative districts
• Governor of North Carolina
• North Carolina elections, 2016