Political parties could have role in filling Council of State vacancies under new proposal

A constitutional amendment proposal is under consideration in the North Carolina General Assembly that could modify the way vacant Council of State positions are filled by giving political parties the power to nominate replacements.

Currently, when there is a vacancy in the Council of State statewide elected offices, such as the state auditor or the secretary of state, “it shall be the duty of the Governor to appoint another to serve” until the next election, according to the state Constitution.

However, appointments made by the governor don’t necessarily reflect the will of the voters, explained Dr. Andy Jackson, Director of the Civitas Center for Public Integrity at the John Locke Foundation. In a 2024 analysis, Jackson outlined how the governor could subvert the voice of voters through appointments.

For example, North Carolina Commissioner of Labor Josh Dobson, a Republican,  resigned on Nov. 6, 2024, one day after Republican Luke Farley was elected to succeed him. North Carolina voters showed they want a Republican to hold the office both in the past election and going forward. Despite voters’ Republican preference for the seat, Gov. Roy Cooper named Kevin O’Barr to fill the remainder of Dobson’s term, who is a Democrat.

Instead of filling vacancies solely by the governor, HB 443 would change the way vacant Council of States positions are filled, allowing the political party that was in control of the office to nominate three people for the governor’s choosing. 

“When people vote in partisan races, the candidate’s party affiliation gives them at least a broad idea of how those candidates will serve,” Jackson said. “So, it makes sense for a replacement to be of the same party. This bill should get bipartisan support; we do not know who the governor will be the next time such a vacancy occurs, and it is good public policy no matter who the governor is.”

The legislation was approved with bipartisan support through the House Judiciary Committee on Tuesday.

“You may not agree with it as a matter of policy, but essentially what it does, it says that a vacancy that occurs in a Council of State position that the governor is required to appoint a replacement from a list of three qualified individuals recommended by the same political party that the office holder who’s being replaced belongs to this,” explained Rep. Hugh Blackwell, R-Burke.

Bill sponsors stated that this proposed process of replacing office holders is more transparent, as it allows the public to see who was recommended to the governor, who then selects from that group.

If the North Carolina House and Senate pass the measure, it would become a proposed constitutional amendment, which voters would have the opportunity to approve or reject in the 2026 election.

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