This bill would require the Attorney Generals’ office and State agencies to receive approval from the Speaker of the House and the President Pro Tempore of the Senate before entering into a consent judgment or settlement agreement in a lawsuit in which the General Assembly is a party.
One of the primary motivations for this bill was the collusive settlement between the Attorney General’s office, the State Board of Elections, and Democratic Party lawyer Marc Elias. Though the General Assembly as well as the RNC and NCGOP were intervening parties in the case, they were excluded from the closed-door negotiations and only learned of the settlement when it was publicly announced.
The settlement resulted in changes to election rules after voting was underway. By settling the case in that manner, the State Board effectively circumvented the legislative process and rewrote the rules in a way that directly contradicted the duly enacted statute.
This bill would help prevent similar collusive lawsuits and protect the General Assembly’s lawmaking authority.
Sponsors: Hise; Daniel; Newton (Primary), Alexander; Barnes; Britt; Edwards; Galey; Harrington; Jarvis; Johnson; Krawiec; Lee; McInnis; Perry; Sanderson; Sawyer