On September 8, North Carolina’s Attorney General filed this brief in Crowell v Bipartisan State Board of Elections, m.d., 1:17cv-515. This is the case that challenges the North Carolina policy that will never permit an independent voter to be a member of the state board of elections, or any county board of elections. The case is assigned to Judge William Osteen, a Bush Jr. appointee.
The brief does not discuss the merits of the case. Instead, it reacts to the request by North Carolina legislative leaders that they be allowed to intervene in the case. The Attorney General’s brief says that the Attorney General is capable of defending the state law, and that there is no reason for the legislature to intervene in the case. But, it says that the Attorney General won’t oppose intervention by the legislature. The Attorney General is a Democrat and Republicans have a majority in each house of the legislature.
The Attorney General’s brief is interesting because it sets forth the position of the Governor, who is also a Democrat. The brief says the Governor has never taken any position that independents should be allowed to sit on election boards.