by Sarah Michels, Carolina Public Press April 15, 2025
RALEIGH — Lawyer Jim Phillips Jr. feels like Bill Murray in “Groundhog Day.” The Wake County Superior Court judges do, too. On Monday, a three-judge panel heard the latest arguments over a contested law that would shift elections appointment power from Democratic Gov. Josh Stein to Republican State Auditor Dave Boliek, with a focus on whether the action would be allowed under the state Constitution.
The judges said a ruling would be issued soon, but didn’t elaborate further.
But time is of the essence. Under the contested law, state elections board members would be appointed in May. For county members, it’s June.
Since 2016, Phillips has litigated six iterations of this same case — all involving the Republican-controlled legislature trying to shift some or all election board appointment power away from the governor.
The methods have varied. First, the General Assembly tried to siphon off half of the appointment power to themselves. That didn’t get far.
Next, they attempted to create a board with an equal number of Democrats and Republicans. The state Supreme Court wasn’t a fan, but that didn’t stop legislators from later putting a similar question to voters through a constitutional amendment. It failed by a wide margin.
Most recently, the legislature has taken a different approach — handing off the governor’s appointment power to Republican executives. In 2023, they tried to shift administrative power to the Secretary of State while granting themselves appointment power. But in the middle of court proceedings in that case, a Democrat won that office.
Shortly after the election, the legislature pivoted, passing a law that would give the newly-elected Republican state auditor appointment power.
At stake is which political party holds majorities in the state’s five-member election boards. Currently, the governor has to appoint at least two Democrats and Republicans, but can choose their preferred party for the final seat.
It’s like “whack-a-mole,” Phillips said during Monday’s court hearing.
“As the record over the past eight years shows,” he said, “the General Assembly is on a mission to both enact and execute the state’s elections.”
The Wake County Superior Court has to decide, once again, whether the state Constitution allows such a power shift.
NC Constitution and politics
North Carolina has never been a fan of all-powerful executives. That certainly applied to governors back in colonial times and the state Constitution reflects that.
“Our Constitution has never placed all power in the governor,” legislative attorney Matthew Tilley said during Monday’s hearing.
He argued that there is nothing in the state Constitution explicitly banning the legislature from shifting appointment powers and so they have implied permission to do it.
However, Phillips cited two sections of the Constitution he believes would limit the General Assembly’s power. First, the “vesting” clause, which states: “The executive power of the state shall be vested in the governor.” Second, the “take care” clause, which states: “The governor shall take care that the laws be faithfully executed.”
Phillips argued that these sections are clear: Executive power belongs solely to the governor. If the governor loses appointment power, then they have no control over whether the people on those executive bodies, like the State Board of Elections, are faithfully executing the law, Phillips said.
Tilley, on the other hand, thinks there’s room for everybody — or, at least, the other Council of State officers. He argued that although the governor is in charge of faithfully executing their duties, that doesn’t mean they have to be given every duty.
The state Constitution gives the General Assembly the power to prescribe the duties of Council of State members, he said.
‘Glaring reason’
During Monday’s hearing, Judge Edwin Wilson pushed back on the idea that the case doesn’t involve separation of powers issues. If the legislative branch can give a power traditionally held by the governor to an executive they favor under the Constitution, doesn’t the executive branch effectively serve at the pleasure of the legislative branch?
There’s a pretty “glaring reason” why the legislature chose the state auditor for this job, Judge Lori Hamilton commented. Boliek is a Republican while Secretary of State Elaine Marshall — perhaps a more natural fit for the job — is a Democrat.
But playing politics doesn’t violate the Constitution, Tilley countered. And politics is what would theoretically stop the legislature from shifting all executive power from Democrats to Republicans, he added. At some point, legislative leaders would have to make a political calculation.
And, maybe, placing appointment power in the auditor’s office would take off some “partisan pressure,” Tilley said.
Hamilton disagreed.
“It’s not less partisan,” she said. “It’s perhaps less public. It’s perhaps less well funded … but it’s going to start if these powers start being shifted.”
by Jane Winik Sartwell, Carolina Public Press April 24, 2025
Six months ago, Washington Regional Medical Center in Plymouth declared bankruptcy for the second time in five years. Now, hospital leadership hopes that the facility will emerge from this latest financial hardship by late May.
That’s good news to the 10,713 residents of Washington County who need the hospital to stay in business. It’s the only one around.
The bad news is that it has never been harder to keep a rural hospital afloat, especially one that’s not connected to a larger health system. In adjacent Martin County, Martin General Hospital closed its doors in 2023. Thirteen more counties in the northeastern region of the state don’t have hospitals at all.
Should Washington Regional get through this, it will serve as a rare example of a rural hospital taking control of its shaky finances and preserving essential services for North Carolinians.
The good doctor
When Washington Regional Medical Center filed for Chapter 11 bankruptcy, it owed millions to a long list of creditors.
Dominion Energy is due roughly $300,000. The Washington County Tax Office is asking for over $150,000. Washington Regional also owes money to General Electric as well as a number of vendors, including the company that handles the hospital’s pharmaceutical operations. The full list of creditors includes more than 70 companies and organizations.
Texas-based Affinity Health Partners purchased the Washington County hospital after a catastrophic 2019 bankruptcy that led to liquidation under its previous owners. But by the end of the year, patients were back on the hospital floor.
Washington County, one of the poorest areas in North Carolina, also hosts some of the highest rates of infant mortality and other adverse health conditions, such as obesity and heart disease.
That makes Washington Regional Medical Center, with its 25 beds, a lifeline in an otherwise barren health landscape. It’s why the facility is designated as a “critical access hospital” by the Centers for Medicare and Medicaid.
When neighboring Martin General Hospital closed, emergency room visitation at Washington Regional increased from 450 patients per month to over 600.
“The importance of the hospital cannot be overstated,” Plymouth Mayor Brian Roth told Carolina Public Press. “Especially since we’ve gotten all the patients who would have gone to Martin General.”
Washington Regional is ‘here to stay’
If Washington Regional did close, residents would have to drive hours to reach the nearest hospital — ECU Health Medical Center in Greenville. The flat, piney swampland on the Albemarle Sound is not easy to navigate, and public transit is pretty much nonexistent.
“We cannot lose the hospital here,” Roth said. “It just cannot happen.”
CEO Frank Avignone promises that it won’t.
“We used bankruptcy as a tool to reorganize our debt,” he explained. “We basically did it for one vendor who was giving us a hard time, and now that that is taken care of, the hospital is doing well. Patient volumes are up. We have a brand new CT scanner so we are increasing cardiac and pulmonary care. We have new doctors on staff. A new OB/GYN on staff. We’re not some fly-by-night community hospital being run by a crook using it as an ATM machine.
“The hospital is here to stay unless it burns to the ground.”
Washington Regional is not currently performing surgeries. Hospitals typically use specialty procedures as a way to generate revenue and offset the high costs of, say, operating an emergency room. The hope is that the hospital will renew surgical procedures at some point, adding a layer of financial security.
Meanwhile, another threat is looming: the $880 million cut to Medicaid currently being discussed by Republicans in Congress.
At Washington Regional Medical Center, 60% of patients are covered by Medicare or Medicaid, making the program a crucial source of funding for the hospital.
If that coverage goes away, the hospital’s finances may be thrown back into peril.
“We treat folks on Medicaid. That’s our population and that’s what we’re designed to do,” Avignone said. “We just have to balance the books. That’s what I’ve been trying to do — and it’s working.”
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Center-Left
This assessment considers the overall tone and context of the content. The article discusses the challenges faced by rural hospitals, particularly Washington Regional Medical Center, and highlights the importance of public health services like Medicaid for vulnerable populations. It presents a sympathetic view of the hospital’s financial struggles, linking them to broader public policy issues (e.g., potential cuts to Medicaid proposed by Republicans). The emphasis on social welfare and the vital role of community health services reflect a center-left perspective focused on the importance of public healthcare systems and support for low-income residents. However, the piece does not overly politicize the issue and maintains an informative, fact-based approach, which prevents it from being categorized as far-left.
www.thecentersquare.com – By Alan Wooten | The Center Square – (The Center Square – ) 2025-04-23 16:32:00
(The Center Square) – State Board of Elections members are to remain the appointments of the governor of North Carolina and not shift to the state auditor on May 1, a three-judge panel in Wake County Superior Court said Wednesday.
The ruling impacts a portion of the third disaster relief bill from the General Assembly, though not the $252 million designated for western North Carolina’s recovery from Hurricane Helene. The 132-page proposal was heavily scrutinized because only the first 13 pages were related to Helene, and the remainder on changes to authority of elected positions.
Josh Stein was attorney general at the time and governor-elect, and Roy Cooper was in the final weeks of his second four-year term as governor. Both are Democrats. State Auditor Dave Boliek is a Republican.
The five-member state board and five-member county boards of elections are typically three members of the party of the governor, and two members of the state’s other major party.
Neither is the largest voting bloc. The state’s more than 7.4 million registered voters have more signing up as unaffiliated (37.6%) than any of the eight permitted parties.
In making the ruling, the court order said state and county boards “exercise executive functions” and paired that with a state Supreme Court ruling on Article III of the state constitution. It says the governor has “control over” the commissions and boards that are “executive in character.”
Critics say the state and county boards side with respective parties, creating many 3-2 votes. The Legislature, in addition to this attempted change, tried also to reduce the size of the state and county boards and change the appointments through a legislative act.
That, too, failed.
On social media, Stein wrote, “The North Carolina Constitution puts the governor in charge of executing the law. That’s what the voters elected me to do, so that’s what I’ll do.”
Cooper issued a veto of the legislation and each chamber of the General Assembly was successful on an override vote.
The duties of the State Board of Elections are not in the constitution. The auditor’s duties are as “prescribed by law.”
Stein, who advocated for cooperation with the Legislature upon taking his oath on Jan. 1 and in his State of the State address, has additional litigation against lawmakers pending Disaster Relief-3/Budget/Various Law Changes, known also as Senate Bill 382.
SUMMARY: Pope Francis’ body lies in state at St. Peter’s Basilica for public viewing ahead of his funeral on Saturday. The public has been gathering to pay their respects, with lines sometimes stretching over five hours. Following the funeral, he will be buried in Rome’s Basilica of St. Mary Major. A conclave to elect a new pope will begin after May 6, with 138 cardinals voting until a two-thirds majority is reached. The process will be signaled by smoke from the Vatican chimney: black for inconclusive votes, white for a new pope. Francis is remembered for his humility, care for the poor, and progressive leadership.
The body of Pope Francis is lying in state in St. Peter’s Basilica, where it will remain for three days until his funeral Saturday, expected to be attended by world leaders including US President Donald Trump.
His body was transferred to the basilica during a procession earlier Wednesday, and was followed by a service led by Cardinal Kevin Farrell, who holds the position of “camerlengo” (or chamberlain) tasked with making arrangements for the funeral and conclave in the weeks ahead.
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