WNC Recovery Versus High—and Low—Politics in Raleigh

The Senate was preparing to vote on Senate Bill 382, in the waning days of guaranteed Republican majority (the “supermajority” that could override gubernatorial vetoes), which also happened to be the waning days before going home for Thanksgiving break.

This was supposed to be a bill that modified and increased disaster recovery funding for Western North Carolina in the wake of late September’s Hurricane Helene.

But the simplicity—and overwhelming need—of disaster aid was just too straightforward, evidently, and this particular assemblage was only weeks from permanent adjournment with a new assembly arriving in January. One that the November election had just guaranteed would not arrive in town with another super Republican majority.

So the “Disaster Relief-3” bill, 132 pages thick, took a strange turn toward the end of page 29. It diverged there from a relative focus on the needs in structure, regulation, and funding following the Helene disaster, to an abrupt change of subject. From “Stormwater and Stream Rehabilitation,” the bill shifted to “Various Law Changes” for the next 103 pages. And the next topic you’re reading is “Transfer State Board of Elections to State Auditor” under “Part III. Various Law Changes.”

The rest of the document is a collection of topics basically irrelevant to WNC disaster aid, ranging from such plans as an examination of the advanced teaching roles program to the establishment of a “SparkNC Pilot Program” in education to “Transition Support for Schools for the Deaf and Blind” to “Additional Renewal Energy Certificates for Use of Swine Waste Resources.” There is also the “Creation of Legislative Committee on Energy Crisis Management,” a defining of “Eligible Recipients of Sports Wagering Tax Proceed Distributions,” and ….

What’s This?

On page 46, you’ll find in this “Disaster Relief” legislation a redefining of the “Powers and Duties of the Attorney General”—a major rewriting of the duties and responsibilities of an important state office with no public notice until approximately one hour before the voting session. This was news not only to the public, but to the Democratic members of the Legislature—as pointed out in testimony by WNC’s Sen. Julie Mayfield (D) and Wake County Sen. Lisa Grafstein.

Several abilities of the state’s attorney general (an office which was just won by former Congressman Jeff Jackson, a Democrat) would be curtailed, including the ability to take a position “on behalf of the state that is contrary to or inconsistent with the position of the General Assembly.” (Think, for example, of the topic of “abortion.”) The ability of the attorney general of the state to participate in utility proceedings would also be removed.

The changes in state-level government didn’t stop with the attorney general. For example, the NC governor’s power to appoint the State Board of Elections’ five members—which heretofore allowed the appointment of three members of the governor’s party and two from the opposition party—was stripped from the governorship and given to the state auditor (newly elected Republican Dave Boliek). And the governor’s power to appoint court vacancy replacements will be restricted to replacements from the same party as the former judge. Additionally, the bill creates two new “special” judges appointed by the General Assembly itself.

According to subsequent news reports, current State Board of Elections Executive Director Karen Brinson Bell spoke to the surprise change, noting that the board and staff had not been consulted regarding this change, which she observes “may make it impossible for the county boards of elections to adequately ensure every eligible ballot cast is counted, especially in high turnout elections.”

“We Need Support for the People”

But let’s go back to pages 1-29. Exactly what “aid” is in “The Disaster Recovery Act of 2024—Part III”?

The State Controller is directed by the bill to transfer $227 million from the Savings Reserve to the Helene Fund. But there’s a little catch: “(E)xcept as otherwise provided in this act, the funds shall remain unspent until appropriated by an act of the General Assembly. It is the intent of the General Assembly to review funding and to consider action needed to address remaining unmet needs.”

Now you see it … now you don’t. But while the money’s in the bank, there are some 100 more pages of “law” imposed inside the bill that will move forward immediately should the governor sign it or should the Legislature override his veto.

In speaking her opposition to the “aid” bill on the floor of the Senate, Sen. Mayfield made the situation plain. “I wish I could vote for this bill. My constituents will understand why I can’t.” Supporting her statement, Grafstein called SB 382 “a massive power grab,” adding that “if this bill is signed tonight, money will not go to western North Carolina.” Instead it will be “tied up” while the bulk of the bill’s 132 pages affect state government itself—not disaster relief.

It was at this point that “the people” themselves began to speak up. Gallery protestors began raucous vocal support for the two women senators, and attempts to gavel them down were unsuccessful. The Senate had to take a temporary adjournment to “Clear the gallery!”—as shouted three times from the well before all business came to a 10-minute halt.

When the Senate reconvened, there was an orderly march towards passage (30-19 on a party-line vote) and SB 382 is now before Gov. Cooper for signature, veto (within 10 days), or no action (which would allow it to stand as law). Cooper had already urged the General Assembly to prioritize aid to WNC instead of “spending millions on private school vouchers for the wealthy.”

Readers who wish to contact the Office of the Governor may go to governor.nc.gov/agencydepartment/governors-office; write to North Carolina Office of the Governor, 20301 Mail Service Center, Raleigh NC 27699-0301; or call (919) 814-2000.