Cooper vetoes hurricane relief bill, calling it a “sham”

Gov. Roy Cooper vetoed Senate Bill 382 Tuesday, the bill that includes funding for disaster relief in western North Carolina, while also diverting some of the governor’s power over the State Board of Elections (NCSBE), and making other shifts to state government chain of command.

It provides $227 million in disaster relief, but it also makes an array of changes to the executive branch’s authority within its 132 pages. One of the significant changes is stripping the governor of direct administrative authority over the NCSBE and transferring authority over North Carolina’s elections to the state auditor, set to be Republican Dave Boliek in January. 

Cooper, a Democrat, called the legislation “a sham,” adding that it doesn’t send money to western North Carolina but merely shuffles money from one fund to another in Raleigh.

“This legislation was titled disaster relief but instead violates the constitution by taking appointments away from the next Governor for the Board of Elections, Utilities Commission, and Commander of the NC Highway Patrol, letting political parties choose appellate judges and interfering with the Attorney General’s ability to advocate for lower electric bills for consumers,” he said in a press release.

“Instead of giving small business grants to disaster counties, it strikes a cruel blow by blocking the extension of better unemployment benefits for people who have lost jobs because of natural disasters. Finally, it plays politics by taking away two judges elected by the people and adding two judges appointed by the legislature, taking away authority from the Lieutenant Governor and the Superintendent of Public Instruction and more.”

As Cooper mentioned, powers would also be delegated away from the state superintendent of public instruction – soon to be Democrat Mo Green. The superintendent would no longer be able to appeal Charter School Review Board decisions, the Center for Safer Schools would be transferred from DPI to the State Bureau of Investigation, and an Office of Learning Research would be established to evaluate private schools receiving vouchers.

The bill also eliminates the positions of two Democratic judges in Wake and Forsyth Counties. It replaces them with two new special Superior Court judgeships appointed by the Republican-controlled General Assembly.

The House passed the bill in a  63-46 vote last Tuesday, and the Senate passed the legislation 30-19 late Wednesday afternoon.

“The reality is this is clearly meant to tie the hands of a Democratic governor in a way that blatantly violates his duties and obligations under the Constitution,” said Sen. Lisa Grafstein, D-Wake. “This is more power being stolen from the people of this state for political gain.”

“I implore you all to move forward with this next step,” said Sen Ralph Hise, R-Michell, focusing on disaster recovery. “But I implore you all again that there is not enough funds in the entire state coffers to rebuild these damages to the state of North Carolina. We have to have action from the federal government. Far as I’m aware, there’s only one entity in the world that can cover a $50 billion bill, and that is the US Congress.”

Senate Leader Phil Berger, R-Rockingham, said the change to the governor’s appointment power over the NCSBE comes as Democrats have fought to keep a partisan board for years.

“It’s no secret that our State Board of Elections has been plagued by political interference from the governor’s office,” said Berger in a statement. “For years, Republicans have tried to bring true bipartisanship to the State Board by giving Republicans and Democrats equal representation, but Democrats have fought us every step of the way. Now, we are moving forward with a solution that will place the State Board under the Office of the State Auditor and rid election administration of the blatant partisan politics that have destroyed the State Board’s credibility and impartiality.”

Activists opposed to the bill showed up to the Senate session on Wednesday afternoon ahead of the vote to protest, with one sign reading, “power grabs are for sore losers.”

As the Senate was finishing business debating the bill, public spectators watching from above repeatedly disrupted the session with applause for Democrats and other disruptive noises, prompting Senate President and Lt. Gov. Mark Robinson to respond. After Robinson asked the chamber to remain silent, they continued to cheer. Robinson told officials to clear the gallery, and the Senate went into a temporary recess as the shouting heightened.

“Clear the gallery. These people cannot,” Robinson said over the ruckus. “No one here can seem to want to follow the rules. Sergeant at arms needs to clear the gallery. Perfectly willing to stay if you’re going to be quiet, but if you’re not going to be quiet, that’s the third time you need to go. Let’s clear the gallery. Let’s go.”

Cooper’s veto was not unexpected by the General Assembly, which plans to reconvene one more time in December when Republicans will presumably override it.

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