Cooper v. BergerAnnotate this Case
In this case filed by Governor Roy A. Cooper III challenging the constitutionality of legislation creating a new Bipartisan State Board of Elections and Ethics Enforcement and appointing existing members of the State Ethics Commission to serve as the members of the Bipartisan State Board, the Supreme Court reversed a three-judge superior court panel’s ruling that the Governor’s claims constituted non-justiciable political questions and that the Governor lacked standing, as well as a supplemental order ruling that Session Law 2017-6 was not unconstitutional on its face. The Supreme Court held (1) the panel erred by dismissing the Governor’s complaint because the claims asserted did not raise a nonjusticiable political question, and the Governor had standing to assert the claims; and (2) the provisions of Session Law 2017-6 concerning the membership of and appointments to the Bipartisan State Board impermissibly interfere with the Governor’s ability to faithfully execute the laws in violation of N.C. Const. art. II, section 5(4).