RALEIGH, N.C. — North Carolina's primary elections for 2022 will likely remain scheduled for May 17, as Gov. Roy Cooper vetoed a bill Friday that would have moved them to June.
The reason the date is in question at all is an ongoing court case over the political district maps that Republican lawmakers recently drew, and which Democrats have called unconstitutional gerrymanders. The court already pushed the primary back once, from its usual March date. Cooper said the decision should remain up to the court, not the legislature.
"The constitutionality of congressional and legislative districts is now in the hands of the North Carolina Supreme Court and the court should have the opportunity to decide how much time is needed to ensure that our elections are constitutional," Cooper, a Democrat, said in a press release announcing his veto.
The state's new maps will be used in every election from 2022 through 2030, unless they're ruled unconstitutional. If Republicans and Democrats were to evenly split the statewide vote, The News & Observer has reported, the maps are drawn to all-but-guarantee Republicans at least 10 of the state's 14 U.S. House seats as well as likely veto-proof supermajorities in the state legislature.
A panel of judges with a 2-1 Republican majority unanimously upheld the maps at trial earlier this month, but the case is now in front of the N.C. Supreme Court, which has a 4-3 Democratic majority.
Why does timing matter?
If the court overturns the maps, it would be a tight turnaround to redraw them in time for a primary on May 17, since candidate filing will have to begin in late February. So Republicans proposed pushing the primary back another three weeks, into early June.
More time to do a redraw would increase the chances that the legislature will control the process — instead of the court hiring an outside expert to do the work. When the legislature passed the bill, HB 605, in a party line vote last week, Republican Sen. Warren Daniel called it "just a precautionary measure."
Democrats were not swayed by the argument that a later election date was necessary. The court already chose May 17, they argued, and the legislature shouldn't try to override the court's order. Cooper reiterated that on Friday.
"This bill is an additional attempt by Republican legislators to control the election timeline and undermine the voting process," he said.
Just as Cooper accused Republicans of playing political games, however, a top GOP lawmaker said actually it's the opposite.
"House Bill 605 is a reasonable measure taken by the legislature to ensure a thorough and constitutional process," Speaker Tim Moore said in a press release. "Unfortunately Governor Cooper's veto undermines that process in the name of politics."
New date still possible
There are two ways the primary date might still change, however, even with the veto.
The first way: The GOP-controlled legislature could override the Democratic governor's veto — although that's unlikely since every Democratic lawmaker voted against the bill in the first place, and Republicans don't have enough votes on their own. The second way: The N.C. Supreme Court could move the date.
That second option is why the primary is in May instead of March to begin with. The Supreme Court moved it back to give more time for the gerrymandering case to play out, just in case it ends with the state's political district maps being ruled unconstitutional and ordered to be redrawn.
So since the court has moved the date once, it's possible the justices could decide to move it again if they overturn the maps.
That decision will likely come soon. Oral arguments in the gerrymandering case are scheduled for Wednesday, and the ruling is expected to follow quickly.
North Carolina election calendar
If the primary date does remain on May 17, here are some key dates to keep in mind.
— Deadline to finalize the maps: Between Feb. 14 and 23.
— Candidate filing: Feb. 24 to March 4.
— Deadline to register to vote: April 22.
— The 2022 primary: May 17.
— The "second primary" runoff election, for local elections, if needed: July 5.
— The "second primary" runoff election, for federal elections, if needed: July 26.
— Deadline to register to vote for the general election: Oct. 14.
— The 2022 general election: Nov. 8.
