Cooper v. Berger

809 S.E.2d 98 (2018)

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Cooper v. Berger

North Carolina Supreme Court
809 S.E.2d 98 (2018)

Facts

North Carolina’s state legislature, known as the General Assembly, adopted a law that replaced the state’s board of elections and the state’s ethics commission with a single Bipartisan State Board of Elections and Ethics Enforcement (bipartisan board). The bipartisan board was charged with enforcing laws related to elections, lobbying, campaign finance, and ethics. It was to have eight members, four from the political party with the highest number of registered affiliates and four from the second highest. Additionally, the law specified that the state governor could only appoint board members from a list of candidates approved by the two political parties and could not remove board members from their positions except for wrongful conduct. The law took effect over the veto of North Carolina’s governor, Roy Cooper (plaintiff). Cooper filed a complaint against Philip Berger and Timothy Moore (defendants), the leaders of the state senate and house of representatives, alleging that the law violated the state constitution’s separation-of-powers provision. The superior court dismissed Cooper’s complaint for failure to state a judiciable issue. Cooper sought discretionary review by the North Carolina Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Ervin, J.)

Dissent (Martin, C.J.)

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