State auditor Dave Boliek. (File photo)
The state Board of Elections changed from a Democratic to a Republican majority on Thursday as state Auditor Dave Boliek exercised his new powers to appoint members to the five-member board.
The change to the board’s partisan makeup has implications for GOP Appeals Court Judge Jefferson Griffin’s ongoing challenge to the results of the state Supreme Court race.
Griffin sued the elections board in his attempt to have votes thrown out as he seeks to unseat Democratic incumbent Justice Allison Riggs. With a Democratic majority, the board had resisted that effort and fought in court against tossing votes. That could now change.
Boliek’s appointments come the day after the state Court of Appeals greenlighted a state law that moved elections board appointments and oversight from the governor to the new Republican state auditor. A three-member panel of Superior Court judges had ruled last week that the law was unconstitutional, but Wednesday’s ruling okayed a Republican request to stay that decision.
Gov. Josh Stein said in a statement Wednesday he would appeal to the state Supreme Court.
In a Wednesday X post, Stein said the Appeals Court’s quick decision was an attempt to steal the Supreme Court election.
“I fear that this decision is the latest step in the partisan effort to steal a seat on the Supreme Court,” Stein’s post said. “No emergency exists that can justify the Court of Appeals’ decision to interject itself at this point. The only plausible explanation is to permit the Republican State Auditor to appoint a new State Board of Elections that will try to overturn the results of the Supreme Court race.”
Federal District Judge Richard Myers has prohibited the Board of Elections from certifying the Supreme Court elections results, essentially declaring a winner, until he gives the okay.
Republican board appointees were nominated by the state Republican Party chair.
“We are pleased to have tremendous individuals serving on the State Board of Elections & thank everyone who expressed interest in these crucial positions,” state GOP Chairman Jason Simmons said on X. “These board members will ensure North Carolinians have fair, free, honest, and transparent administration of elections.”
Francis X. DeLuca of Wilmington
DeLuca is a former president of the Civitas Institute, a conservative policy organization. Under his leadership, Civitas sued the state Board of Elections over same-day registration in 2016. The federal lawsuit claimed the timing of address verification meant some invalid votes would be counted.
When he ran for Congress in 2019, DeLuca’s campaign website credited him with creating the website “Mapping the Left” and “opposing left-wing “Rev William Barber and the Moral Monday Movement.”
Civitas merged with the John Locke Foundation in 2021.
Former state Sen. Robert Rucho of Catawba County
Rucho was a long-time member of the Senate. As co-chairman of the Senate Finance Committee, he was a key cheerleader for state tax cuts. He also led the chamber’s redistricting efforts, defending district lines from claims they were unconstitutional.
Stacy “Four” Eggers IV of Boone
Eggers is a current elections board member. He is the managing partner of the Eggers law firm and a former member of the Watauga County Board of Elections.
The Republican majority in the state legislature tried for years to weaken or eliminate governors’ control over the state Board of Elections, starting before former Gov. Roy Cooper, a Democrat, took office in 2017.
Boliek said in a press release he is ready to appoint Democrats when he receives nominations from the state Democratic Party chair.
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