As noted earlier today, the North Carolina Supreme Court will hear oral arguments in Cooper v Berger on August 28, over whether the new law on the makeup of the State Elections Board is valid. On the afternoon of July 20, the Court released a letter saying that the Governor is not now required to comply with the new law. In other words, he is free to leave no board members on duty, during the period between now and when the case is decided.
This slightly indicates that the Court is likely to invalidate the new law, because it would be awkward for the Governor to be forced to appoint eight new members (which the new law requires) if the Court later will invalidate the new law. Thanks to Rick Hasen for this news.