On January 26, the North Carolina Supreme Court issued an opinion in Cooper v Berger, 52PA17-2. It ruled that the law passed last year, ending the old method for determining who is on the State Board of Elections, violates the State Constitution. See this story.
As a result, it will now be possible for the Board to again have members. For the past several months the employees of the State Board have taken the position that there is no State Board of Elections, because the identity of the members was disputed. Now that the Board is in existence again, it will be possible for the Board to accept the proof that the Green Party is a ballot-qualified party. The Green Party had to show that its presidential nominee was on the ballot in at least 35 states in 2016. The Board employees accepted the proof but said until the stalemate was ended, the Board couldn’t certify the Green Party. Thanks to Rick Hasen for this news.
In a 4D:3R decision, the North Carolina Supreme Court ruled that the Governor, a D, could not control elections without being able to appoint a majority of D’s to the State Board of Elections.
Maybe the governor will have a policy preference that the G party shouldn’t be on the ballot and his board appointees will not accept the information submitted by the Green Party.
The majority opinion is one more new Age mess.
What State Const does NOT have all sorts of time bomb FATAL defects due to a failure to have TOTAL separation of powers ???
IE — the 1776-1787 State/USA Consts copied many of the FATAL defects of the 1776 Brit regime — which did NOT have TOTAL separation of powers.
———-
The People retain all legislative, executive and judicial powers not delegated below.
ALL legislative powers shall be in elected legislative bodies.
ALL executive powers shall be in executive officers, elected or appointed by executive officers.
ALL judicial powers shall be in the courts having elected judges.
Details for elections and appointments – terms, vacancies, etc. — voter issue petitions, etc.
PR and NONPARTISAN exec/judic AppV
The courts are brain dead regarding so-called *political questions* due to the SCOTUS morons —
NO such thing exists —
Every act or omission by ANY govt officer does or does not violate the LAW – 4 possibilities.
3 LAW types – IF such and such facts — THEN shall, shall not, may
2 main TIME types — peace, war – rebellion – natural disaster [obvious possible court shutdowns/delays in latter]
P. 19 of the majority opinion cites –
Bayard v. Singleton, 1 N.C. (Mart.) 5, 6-7 (1787).
See —
https://www.ncpedia.org/bayard-v-singleton
Possible landmark case in Western Civilization — HACK law can NOT violate written Constitution.
We build on the efforts of our illustrious predecessors — regardless of ALL hacks and morons.