Appeals Court Upholds Auditor’s Control of Elections Board Appointments Affecting Clay County

HAYESVILLE, N.C. — A North Carolina Court of Appeals panel ruled 2-1 Wednesday that lawmakers could keep elections-board appointment authority with State Auditor Dave Boliek, preserving the Republican-majority structure that includes the Clay County Board of Elections.

The decision upholds a 2024 law that shifted appointment power from Gov. Josh Stein, a Democrat, to Boliek, a Republican. Boliek has overseen appointments since May 2025, when the State Board of Elections and all 100 county boards — including Clay County’s — moved from Democratic to Republican majorities.

Judge April Wood, writing for the majority and joined by Judge Valerie Zachary, said the General Assembly’s reassignment of duties within the Council of State did not create a “plain and clear” separation-of-powers violation. Judge John Arrowood dissented, arguing the state constitution charges the governor with faithfully executing the laws and that stripping appointment power from the governor is unconstitutional.

Stein said Wednesday he will appeal to the North Carolina Supreme Court. “No other state in the nation tasks the state auditor with election administration,” Stein said in a statement, calling the 2024 transfer a “partisan power grab.”

Boliek said in a prepared statement that the ruling “affirms the constitutional independence of the State Auditor’s Office” and that his office will continue working to ensure elections are run “impartially, effectively, and securely.”

State Board of Elections Executive Director Sam Hayes said that regardless of which Council of State office handles appointments, the board’s mission remains serving all voters of the state regardless of party.

The appointment changes were spelled out in Senate Bill 382, approved in 2024 after Stein’s election as governor. An earlier Appeals Court order and a subsequent state Supreme Court decision had already allowed Boliek’s appointments to proceed while the case moved through the courts.