North Carolina law says the State Board of Elections is composed of five members, all of whom must be a registered member of one of the two largest parties. The major party that holds the governorship gets three members, and the other large party gets two members. UPDATE: see this story.
For some time, independent voters and their allies have been trying to win a lawsuit that says it violates the U.S. Constitution that an independent can never be on the board. The first such lawsuit was voluntarily dismissed, and a new lawsuit was filed by Common Cause earlier this year. The State officials who are being sued filed a brief on October 14, arguing that the plaintiffs don’t have standing. Here is the state’s brief. Common Cause v Moore, m.d., 1:22cv-611.