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Legal battle over NC law stripping power from Democrats could take months to resolve, political expert says

​Earlier this week, Republicans in both state chambers voted to override a veto by Cooper to make the bill become law.

RALEIGH, N.C. — In North Carolina, a battle for political power is now going to the courts. 

Governor Roy Cooper is trying to block a new, Republican-backed hurricane relief law stripping power away from newly elected Democrats. 

Cooper and his successor, Attorney General Josh Stein, filed a legal complaint against Senate Bill 382. The legislation offers more than $200 million in aid for Hurricane Helene victims in the state. However, it also weakens the power of the incoming governor, attorney general and school superintendent, who are all Democrats. 

Earlier this week, Republicans in both state chambers voted to override a veto by Cooper to make the bill become law. 

"This really shows that Republicans really want to keep as much power as they can," said Dr. David McLennan, political professor of Meredith College and director of the Meredith Poll. 

Starting next year, Republicans will lose their supermajority, or a three-fifths voting majority, which allowed them to push beyond Cooper's veto power. Under current state law, the governor appoints members to the North Carolina Board of Elections, but this new legislation would give that power to the state auditor, who is an elected Republican. 

Cooper has called the bill "a sham." 

"It shows Democrats are not goin to take this and there may be several other lawsuits filed, because this really addresses the North Carolina constitution and the separations of powers," said McLennan. 

McLennan said the move represents a fundamental shift in power, but he says this legal battle could play out for months, even reaching the North Carolina Supreme Court. He predicts a judge will likely issue a stay for this lawsuit, which would mean the new law would not take affect until the courts reach a final decision.

In the meantime, he does not expect the issue to heavily affect business dealings in the state capitol. 

"The reality is without a whole lot of elections coming up, it may not matter that the governor retains those powers," said McLennan. "I think this will be resolved before the next election cycle." 

This is not the first attempt to change appointment powers in North Carolina, but judges have blocked them all. 

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