Election, energy legislation among five Cooper vetoes overturned

(The Center Square) – Absentee ballots will be in county boards of elections offices on Election Day to count, and private money to administer elections will be forbidden in North Carolina.

The General Assembly on Tuesday voted to override a gubernatorial veto of Senate Bill 747, legislation that impacts election processes. It was one of five that lawmakers overturned, leaving Democratic Gov. Roy Cooper 0-for-19 on vetoes this session.

In addition to Elections Law Changes, the two chambers successfully made law Greater Accountability for Boards/Commissions; No Partisan Advantage in Elections; Clean Energy/Other Changes; and the Regulatory Reform Act of 2023.

Of the two election bills, state Sens. Warren Daniel, R-Burke, and Buck Newton, R-Wilson, said in a joint statement, “If you value fair elections, bipartisan election management, an Election Day deadline, and having only citizens vote in elections, then you have much to celebrate today. These are commonsense reforms that restore faith in our elections. Senate Democrats had a chance to support increasing transparency in our elections, but they chose to mislead voters and spread hyperbolic rhetoric. Overriding this veto ensures voters can go to the polls knowing that elections are being conducted in a fair, nonpartisan manner.”

Elections Law Changes also strengthens the rights of poll observers; starts a pilot program in some counties to use signature verification software for absentee ballots; improves voter registration roll maintenance techniques; and closes a same-day registration loophole.

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House Speaker Tim Moore, R-Cleveland, said, “North Carolina voters deserve to know their elections are safe and secure.”

When he vetoed it, Cooper said of the bill, “This legislation has nothing to do with election security and everything to do with Republicans keeping and gaining power. In working to erect new barriers for younger and non-white voters, many of whom use early voting and absentee ballots, this bill also hurts older adults, rural voters and people with disabilities.”

Marc Elias, well known lawyer who has battled in many states against election legislation, signaled intent on social media to challenge Tuesday’s overrides in court. There are 30 states requiring absentee ballots to be in election board offices by Election Day.

Daniel said by enacting Greater Accountability for Boards/Commissions, the state’s residents would be represented by “diversity of thought” through appointments made by the governor, Council of State, and the Legislature. Previously, these were governor’s picks.

Cooper said the legislation fundamentally “violates the separation of powers enshrined in the state Constitution.”

By implementing Clean Energy/Other Changes, lawmakers chose to make nuclear power a part of future energy discussions. Cooper has pushed a green agenda without it.

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“Citizens and businesses will benefit from the true clean energy advancements made in this bill,” Newton said in a statement.

The regulatory reform law is “an act to provide further regulatory relief.” It impacts agriculture, energy, the environment, and natural resources; and has provisions for state and local governments.

Nearly 20% of House Democrats were in favor of the clean energy and regulatory reform bills. Only five – Reps. Carla Cunningham and Nasif Majeed of Mecklenburg County, Garland Pierce of Scotland County, Shelly Willingham of Edgecombe County, and Michael Wray of Northampton County – stayed with their vote at override.

There were no lawmakers crossing the aisles at passage or override on the two election bills, or the boards and commissions legislation. Sen. Paul Lowe, D-Forsyth, and Reps. Kyle Hall, R-Stokes, and Diamond Staton-Williams, D-Cabarrus, switched their votes on the clean energy proposal. Rep. Kevin Crutchfield, R-Cabarrus, changed his vote on the regulatory reform bill.

In the session’s 19 veto overrides thus far, 19 senators and 34 representatives – just three Republicans – have switched their votes. Sen. DeAndrea Salvador, D-Mecklenburg, is the only one of 20 Democratic senators not to switch votes at override.

Passage of a ballot referendum in 1995 enabled the governor to have veto power; North Carolina was the last in the country to be granted ability to veto. The General Assembly could override it with a three-fifths vote, meaning minimums of 30 in the Senate, 72 in the House.

There were 16 successful veto overrides before Cooper took office: 11 of former Gov. Bev Perdue, four of former Gov. Pat McCrory and one of former Gov. Mike Easley. Purdue, a Democrat, was overridden by GOP majorities; McCrory, a Republican, and Easley, a Democrat, were overridden during respective party trifectas.

During the Cooper administration that began in 2017, his vetoes have been overridden all 42 times when the Republicans have three-fifths or more majorities. Lawmakers have failed on all 13 tries when short of three-fifths.

Cooper has vetoed 94 pieces of legislation, easily the most in the relatively short time veto ability has been available.

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