Marc Elias on Republicans' Surprise Loss in North Carolina Court Case

North Carolina Court of Appeals Ruling

• 🗳️ The North Carolina Court of Appeals ruled that a Republican legislative effort to strip the governor of power over election boards is unconstitutional under the state constitution.
• ⚖️ This marks the second major attempt by North Carolina Republicans to seize control of election appointments, and the second time they have been thwarted by the courts.
• 🏛️ Notably, this ruling was a 2-1 decision from a court that generally leans Republican, signaling a significant legal setback for the GOP's agenda.

Republican Gambits to Control Elections

• 📈 Republicans' initial strategy was to have the legislature appoint members to the state and county boards of elections, a move rejected by the state Supreme Court as an executive function.
• 🔄 Their subsequent tactic was to shift this power to the State Auditor, who is a Republican, attempting to circumvent the previous ruling.
• 🚫 The court found this shift unconstitutional, stating that powers like appointing election boards cannot simply be reassigned to other executive officials by the legislature, reinforcing that this power belongs to the governor.

Broader Republican Tactics and Voter Suppression

• 🗺️ The transcript highlights North Carolina Republicans' history of gerrymandering and making state Supreme Court elections partisan.
• 🗳️ A recent example involves a lawsuit filed by the North Carolina Republican Party to disenfranchise 65,000 voters in an election decided by a narrow margin.
• 🎯 These disenfranchisement efforts targeted specific, predominantly Democratic counties, using questionable reasons that contradicted state-issued instructions to voters.

Federal Court Intervention and Precedent

• ⚖️ A federal lawsuit was filed arguing that disenfranchising voters for following state-provided instructions violates the federal constitution.
• 🛑 The Fourth Circuit Court of Appeals has blocked a remedy suggested by the state Supreme Court, preventing it from setting a dangerous precedent for future elections.
• 🚨 The speaker emphasizes that this tactic of changing election rules after votes are cast is a priority for Republicans, aiming to establish a playbook for future elections if federal courts endorse it.

Call to Action for Voters

• ✊ Voters are urged not to lose hope, despite Republican efforts to cheat and suppress votes.
• 📢 The importance of independent journalism and legal advocacy in fighting for free and fair elections is stressed.
• ✅ Active participation, including registering to vote, voting in every election, and speaking out against Republican tactics, is crucial to restore American democracy.