Over the past few weeks Donald Trump has continued to build his cabinet, lay out his domestic agenda, and meet with Kanye West, not to mention pushing back against any and all allegations that Russia or Vladimir Putin interfered in the 2016 Presidential race. The media, always hungry for a story, has focused on Trump and little else lately. As important as it is to keep Trump under a microscope this laser focus on Washington, DC and Trump tower has obscured an incredible and unprecedented power grab
The 2016 gubernatorial election in North Carolina was a savage and bitter affair that dragged out long past Election Day. The incumbent was Republican Governor Pat McCrory, running for a second term. Governor McCrory is perhaps best known for signing the controversial “bathroom bill” which stated that people may only use bathrooms that correspond to their biological sex. His opponent was incumbent Democratic Attorney General Roy Cooper.
The election was nasty and dirty, even by the admittedly low standards we have for modern campaigns. It was predicted to be one of the closest races in the entire country.
Election night came and went with the race still too close to call. Cooper, ahead by a little under 5,000 votes, declared victory that night, but McCrory refused to concede, alleging voter fraud in many of the counties that put Cooper over the top. McCrory requested a recount, but when it became clear that the outcome wasn’t going to change he officially conceded on November 5th, almost a month after Election Day.
This is when things start to get scary.
North Carolina’s General Assembly is still overwhelmingly controlled by the Republican Party, with 108 seats to 61 for the Democrats. So the North Carolina GOP and Governor McCrory, still reeling from McCrory’s historic defeat, decided to take matters into their hands.
The General Assembly was called into a special session, supposedly to pass a Hurricane Sandy disaster relief bill. But the moment that the relief bill was passed the Republican Party made their move, and Republican members of the General Assembly introduced measures that would severely limit the powers of incoming Governor Cooper. If they couldn’t win the election then the next best thing would be to make the winner as powerless as they could get away with.
The proposed laws would strip Governor Cooper of many of the powers held by his predecessor. For the first time in history he would have to submit his cabinet for approval before the State Senate, receiving their approval on every one of his appointments. He would be stripped of the ability to name members to serve as trustees for the University of North Carolina system, one of the largest in the country, and would have his power to oversee schools more generally reduced. It also drastically reduces the amount of state employees that the Governor can hire or fire at will, from 1,500 to just 425.
Finally, and perhaps most importantly, the law removes control of the State Board of Elections from the governor’s party. The Board previously consisted of five members, three of whom were appointed by the Governor’s party. Now the Board will consist of four members, split evenly between the parties. It would also give the Republicans control of the chairmanship of the Board in even years, when elections occur, whereas Democrats would get the off years.
The importance of this change cannot be overstated. In November, just before Election Day, three of North Carolina’s county election boards stripped thousands of citizens of their voting rights in an apparent move by outside groups to eliminate minorities from certain voter rolls. This move was blocked by a federal judge just days before the election. This move on the part of these local boards was decried by individuals on both sides of the isle as a blatant attempt at voter suppression. With the State Election Board now tied up in a 2-2 deadlock there will be little to stop further attempts at voter suppression, whether through phony voter ID requirements or through purges of the voter rolls.
The North Carolina Republican Party has asserted that these changes were long overdue, and that they acted firmly within the constraints of the law. They claim that they were a necessary measure to restore the balance of powers between the legislative and executive branches. Governor-Elect Cooper, on the other hand, has promised to take the issue to court, decrying the passage of these laws “in the dark of night with little debate.”
While on the surface these may seem like noble ideals and worthwhile reforms, the manner in which they are being implemented is a strictly partisan coup. The GOP had no problem with the balance of powers when they controlled the executive, but now that they lost they are attempting to take back as much power as they can.
Throughout the past few days protesters have rallied around the steps of the capital building. Hundreds of people have turned up to denounce this power grab, chanting “shame” and “forward together, not one step back.” Almost 50 people have been arrested and the protesters don’t seem to be going away anytime soon.
Politics is a nasty business and by now we all expect a certain degree of partisan brinksmanship. But losing an election and then stripping the incoming Governor of power in order to subvert the will of the people is a new level of corrupt, bordering on unconstitutional. This is a partisan coup, and must not be allowed to stand.
