Amid protests, Senate overrides Cooper's veto of bill stripping power from governor, other Democratic officials

The North Carolina Senate voted Monday to override Gov. Roy Cooper's veto of a bill that would strip a wide array of powers away from the governor, attorney general and other offices that Democrats won election to this year.

The Republican-led chamber voted 30-19 — with no debate, and following a brief pause while authorities cleared protesters who were jeering lawmakers — to override the Democratic governor’s veto.

Democratic lawmakers previously gave lengthy speeches denouncing the proposal last month during the original vote, which had also been interrupted by protests.

Another veto override vote must still pass the GOP-led House before the measure is enacted. That vote could be tougher; three House Republicans joined all Democrats in voting against the bill.

Although the main potential impact of the bill is on the balance of power in state government, it was officially framed as a bill intended to provide relief aid to victims of Hurricane Helene. The bill seeks to transfer $277 million from a general state savings fund to a Helene-specific savings fund, while ordering that much of it remain unspent for the moment. Cooper has pressed lawmakers to approve a new, $3.9 billion relief package, but they have so far approved less than $1 billion in aid.

Critics say the latest bill wouldn’t do nearly enough for relief and all of the Republicans who objected to the bill when it moved through the legislature were from districts in western North Carolina.

"Republican legislators today refused to send desperately needed funds to Western North Carolina but instead used Hurricane Helene to mask political power grabs," Cooper said in a statement on Monday. "Their bill is a sham that moves money from one fund to another in Raleigh while ignoring the very real need for small business grants to recover and rebuild and stripping away an extension of enhanced unemployment benefits for people who lost their jobs because of the storm."

Power shifts in executive, judicial branches

Cooper has also said the changes the bill would make to the balance of power in state government are unconstitutional. Other critics said it's nothing more than a rejection of the will of the people by politicians upset that their party lost key races in this year's elections. Republican legislative leaders, on the other hand, have broadly said they think the changes will help improve state government.

The bill would move power over elections administration in North Carolina from the governor to the state auditor, shifting control of the State Board of Elections from the Democratic Party to the Republican Party.

Taking away the governor's power over the State Board of Elections has been a main priority of GOP lawmakers for nearly a decade, ever since Cooper unseated Republican Gov. Pat McCrory in 2016. Other past proposals have been struck down as unconstitutional, and one was also rejected by voters when proposed as a constitutional amendment. This new plan, involving the auditor, reflects an effort by Republicans to find a new strategy that might fare better in court. A lawsuit is almost certain if the bill does become law.

The bill would also strip numerous duties and powers away from incoming Attorney General Jeff Jackson, the Democrat who defeated Republican Dan Bishop in this year's election.

"My mission as attorney general is to stand up for people," Jackson told WRAL when the bill was first introduced in November. "My team and I will overcome any obstacle to accomplish that mission."

If the bill passes Jackson would be banned from arguing in court that anything the legislature has done is unconstitutional. He'd also be banned from taking stances in court that Republican legislative leaders disagree with. He'd be banned from intervening in any outside lawsuits. And he'd be banned from automatically being allowed to intervene on behalf of customers at the state Utilities Commission which, in addition to other duties, handles requests by Duke Energy and other utility companies to increase the rates their customers pay.

The Utilities Commission currently has a five-member board with a majority appointed by the governor. The bill would give Republicans a majority of seats on the board instead.

The bill contains a number of other changes targeting the executive and judicial branches. Those include provisions to:

• Create new judicial positions to be appointed by the legislature instead of being elected, like most judgeships in North Carolina are. It's a strategy lawmakers began last year to ensure more Republican judges are in office around the state.
• Eliminate the Wake County judicial seat held by Superior Court Judge Bryan Collins, a Democrat who ruled against GOP lawmakers in a high-profile 2018 lawsuit over gerrymandering and voter identification requirements.
• Make the State Highway Patrol an independent agency, giving the legislature the ability to vote down Gov.-elect Josh Stein's pick to run the agency. Lawmakers did the same with the State Bureau of Investigation last year.
• Eliminate the state Energy Policy Council and the Task Force for Safer Schools, each of which are chaired by state leaders who are currently Republicans but which Democrats won election for this year — lieutenant governor and state superintendent of schools.

Voting on the override was delayed Monday, as protesters interrupted Monday's session with jeers. As the body was poised to vote, a protester shouted from the gallery, saying the action was against the will of the voters. “It’s voter suppression,” the protester yelled.

Lt. Gov. Mark Robinson, who serves as president of the chamber, asked that the protester be removed before ordering the entire gallery be removed.

That action brought a protest from Sen. Natasha Marcus, D-Mecklenburg, who told Robinson from the floor that the move was undemocratic. “A lot of the people here are being respectful and here to see what's happening,” she told Robinson. “This is the people's house. Should not clear the whole gallery.”

After a 10-minute recess, the Senate resumed the vote. “Democracy has a process,” Robinson told the chamber before the vote. “And that process has to be followed. And part of that process is to be orderly.”

“I don't mind hearing these folks’ voices, but I won't tolerate it on this floor, and no one should,” Robinson added.

The bill was just one of several actions Republican leaders proposed in the waning weeks of the 2024 session, after voters broke the GOP's veto-proof supermajority in the state House heading into the 2025 session.

Also on Monday the state Senate voted to approve two new constitutional amendments — tweaking rules for voter photo identification and income tax limits — and also took up legislation calling for a new U.S. Constitutional Convention.

All are longtime goals of conservative activists, and the last-minute flurry of action on them in this year's lame-duck session could indicate Republicans didn't anticipate being able to win any Democratic support for the changes once the new legislature is sworn in next month.

As the Senate considered those measures, protests could be heard outside the Senate chamber.