Legislative leaders win this round in court in power struggle with governor

RALEIGH -- For anyone keeping score in the power struggle between the governor and General Assembly leaders, a three-judge panel ruled in favor of the legislative branch on Thursday in a case involving the most recent revamp of the state elections board.

The three Superior Court judges unanimously agreed to dismiss the lawsuit filed by Gov. Roy Cooper, as Senate leader Phil Berger and House Speaker Tim Moore had requested.

The one-page order released late in the afternoon offers few details on the panel’s reasoning for its decision. The judges cited a law referring to lack of jurisdiction on the subject matter, but did not elaborate. A spokesman for the Democratic governor said shortly after the ruling that Cooper plans to appeal the decision to the state Supreme Court.

At issue was whether the legislature overstepped its authority when Republicans merged the state elections board and ethics commission, and also decided who would be the executive director in charge of the new board.

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