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COURT REAFFIRMS DECISION TO DISMISS COOPER LAWSUIT OVER ELECTION BOARDS: "The merger of the Board of Elections and Ethics Commission ... is a political question and therefore a nonjusticable issue, and that this court lacks authority to review." Because of that, the judges said they were reluctant to address the merits of Cooper's case but did so because the Supreme Court asked them to do so. They determined that Cooper has the authority to appoint all members of the new eight-member board and to remove any of them for cause, but speculation that the board's Democratic and Republican members would repeatedly deadlock on issues doesn't meet the standard for finding the combination unconstitutional. "Were the Governor given the degree of control he seeks over either the Board of Elections or the Bipartisan Board in this case, neither board could continue to function as an independent regulatory and quasi-judicial agency," the judges wrote.
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