The legal fight over running North Carolina’s elections didn’t end Tuesday when the state Supreme Court refused Democratic Gov. Roy Cooper’s request to throw out the entire law creating a combined elections and ethics board.
Cooper separately filed another lawsuit Tuesday against Republican legislative leaders challenging the latest version of the combined board — marking his third lawsuit on the topic in 15 months.
Cooper’s private lawyers wrote that the entire law is still unconstitutional, even after the GOP-controlled General Assembly last month approved legislation tweaking the board’s composition to add a ninth member to the four Democrats and four Republicans that Cooper already would get to choose. The ninth member couldn’t be affiliated with either major party. Cooper also could remove any of the nine for whatever reason.
The Republican leaders “are simply tinkering around the edges, and they have failed, yet again, to clear the constitutional bar set” by the Supreme Court, Cooper attorney Jim Phillips wrote. Cooper also is seeking a hearing Thursday to block the latest version of the law from taking effect. Last month’s changes are anticipated to become law Friday after a 30-day period expires.
Cooper won in the first two lawsuits, with the Supreme Court justices favoring him in a 4-3 decision in January that the second version of the law approved last April interfered “with the governor’s ability to faithfully execute the laws.”
But a three-judge panel last week decided that the Supreme Court’s ruling only meant that a portion of the law addressing the board’s membership and the governor’s powers in removing them were struck down. That law envisioned an eight-member board — four Democrats and four Republicans — that Cooper would appoint from lists provided by party leaders.
But Cooper’s lawyers said the ruling meant the whole law should be voided and asked the justices to overturn the judges’ decision. In a one-sentence ruling Tuesday, the Supreme Court denied that request.
Cooper had already signaled he would sue again. Cooper has said he wants an elections board the way it was for more than a century until December 2016, when the first edition of the combined board was passed. The majority of seats were held by members of the governor’s party, in keeping with Cooper’s argument that it’s his responsibility to ensure elections are administered properly.
Republican lawmakers say a bipartisan board is the best way to make election decisions. The chairmen of the General Assembly’s election laws committee blasted Cooper for additional litigation.
“Just days after a lower court ruled against the governor, the North Carolina Supreme Court just rejected his latest attempt to prevent bipartisan elections and ethics enforcement — and yet he’s going to court again,” said a statement by Sen. Ralph Hise of Mitchell County and Rep. David Lewis of Harnett County.
Lewis and Hise said striking down the latest changes to board membership also threatens other unrelated provisions contained in the legislation approved last month related to public school funding and phasing in class-size reductions. Under that legal argument, if one portion of the legislation is struck down, everything in it must be voided. Cooper wanted the class-size changes, but said last month he wouldn’t sign the bill in part due to the election changes, setting up the 30-day wait.
Related Stories
‹

On the Porch: Dr. James Wood - Sports Around the WorldThis Week:
James Wood is currently Professor of Latin American and modern world history at North Carolina A&T State University. He is the author of The Society of Equality: Popular Republicanism and Democracy in Santiago de Chile, 1818-1851 and the co-editor of "Problems in Modern Latin American History: Sources and Interpretations", now in its fifth edition with Rowman and Littlefield. As a Fulbright scholar for Chile in 2016 he was a visiting professor at the Universidad Diego Portales in Santiago (where he observed Chilean student activism up close).

On the Porch: Bill Brown - Art and Science Merge at NCMAThis Week:
Bill Brown joined the North Carolina Museum of Art as a Conservation Intern in 1988. Thirty-two years later he retired from the Art Museum as Chief Conservator. He received his M.A. and Certificate of Advanced Studies in Conservation from State University College at Buffalo, NY in 1989. At the Museum, he established the Art + Science Initiative, a collaborative program with Duke University math and science departments. Bill has a passion for Italian Old Master Paintings of the 14th to 18th century. He works part-time as a conservator in private practice and provides conservation support for the Museum and Gallery collection of old master paintings at Bob Jones University in Greenville, SC . He enjoys retirement with his wife and young adult son.

On the Porch: Nora Gaskin - Conjuring Crime StoriesThis Week:
Author Nora Gaskin is a lifelong resident of the Durham-Chapel Hill area. Her latest is novel is "Lammie Loves Cubby". Nora has a bachelor’s degree in English with Honors in Creative Writing from UNC, and a Masters in English from the University of Washington in Seattle. She spent over 24 years as a stockbroker and financial advisor in the Durham office of a major investment firm. She retired in 2005 to focus on writing. She is the publisher at Lystra Books and Literary Services and the author of three novels and one nonfiction book. She lives and writes in Chatham County, inspired by her native landscape, her husband, and dogs. Her favorite word is "gratitude."
![]()
Therapy Smarts and Sen. Natalie Murdock on How HB696 Impacts Children and Families — On Air Today (June 15, 2026)Founder and CEO of Therapy Smarts Avani Shah and N.C. District 20 Sen. Natalie Murdock speak with 97.9 The Hill on Monday, June 15.

On the Porch: Steven Fenberg - What Funded America's Infrastructure?This Week:
Writer Steven Fenberg discovered Jesse Jones was reputedly the most powerful person in the nation next to President Franklin Roosevelt during the Great Depression and World War II. As chairman of the federal government’s Reconstruction Finance Corporation (RFC)—the nation’s indispensable infrastructure bank—Jones initiated and managed massive New Deal agencies that saved and expanded the nation’s economy and then shifted the RFC’s priority from domestic economics to global defense to fight and win WWII. Fenberg told this remarkable story as executive producer and co-writer of the Emmy Award winning documentary film “Brother, Can You Spare a Billion?” that was narrated by Walter Cronkite and broadcast nationally on PBS. Fenberg then wrote the biography “Unprecedented Power: Jesse Jones, Capitalism, and the Common Good.”

Viewpoints: Constitutional Changes Are Rarely NecessaryConstitutional amendments are supposed to be rare. They are supposed to matter. They are meant to alter foundational principles or governmental structure when absolutely necessary.

On the Porch: Terri Mitchell - Mentoring Women in TechThis Week:
Terri Mitchell is the founder of Accelerate Success, a program to help women develop the confidence, skills, and networks needed to thrive in STEM careers. She is a former IBM executive with more than 30 years of experience in the technology industry. Starting as a graduate of Le Moyne College with a degree in Computer Science, she held leadership roles across hardware, software, and systems businesses, culminating in her role as Vice President and IBM Integration Executive. Following her retirement from IBM in 2018, Terri became a founding member of Triangle Women in STEM and began the Accelerate Success program.

On the Porch: Carl Nordgren - Creativity Can Unite USThis Week:
Carl Nordgren is a best-selling novelist, a teacher, and an imaginal cell. After 25 years as an entrepreneur, he taught Creativity at Duke for 14 years. He’s a two-time TEDx speaker and hosts the weekly radio show ‘Exploring your Creative Genius’ on 97.9 The Hill. His calling is to help each of us and all of us grow our creative capacities and develop our entrepreneurial instincts and behaviors, a calling that informed his book "Becoming a Creative Genius (again)". His new book, "Common Ground for US" continues that work and offers new perspectives on governance and policy making for political and community leaders. You can attend his book launch event at Golden Fig Books in Carrboro on June 4, by clicking the show title above.

On the Porch: Tiffany Muller - End Citizens UnitedThis Week:
Tiffany Muller is the President of End Citizens United. She has helped grow the group into a nationwide organization with more than 4 million members and 1 million grassroots donors. Before leading End Citizens United, Tiffany was Deputy Political Director at the Democratic Senatorial Campaign Committee, where she worked with top Senate races. She also served as chief of staff to two members of Congress, ran a political research firm, and was Vice President of Political Operations at the LGBTQ+ Victory Fund. As a member of the Topeka City Council, she led successful efforts to expand anti-discrimination protections.
![]()
Anderson Clayton on N.C. Democratic Party's General Election Preparation — On Air Today (May 20, 2026)Chair of the North Carolina Democratic Party Anderson Clayton joins 97.9 The Hill News Director Brighton McConnell on Wednesday, May 20.
›