KINSTON, NC — Since March 2020, the Governor has been issuing edicts and mandates by way of unchecked, unilateral authority, the likes of which our state has never experienced. We in the legislative branch have heard from thousands of constituents who deem this behavior “unhealthy, unsafe, and undemocratic.”

In response to the concerns of the people, the General Assembly passed House Bill 264 to clarify and strengthen common-sense checks and balances on the Governor’s executive authority in extended emergency situations.

Last week, Governor Cooper continued his unending state of emergency declaration by vetoing House Bill 264, the Emergency Powers Accountability Act.

When considering our emergency powers legislation, we looked beyond the current political climate and looked towards what is the most responsible form of governance in a true state of emergency.

In determining the needed checks and balances to be included in the bill, we did not take into account whether this Governor or the next is a Democrat or Republican, we looked at the constitutional duties of our branches of government and crafted a policy solution to address the endless duration of power that has been granted to a governor during a self-declared and endless state of emergency.

Our rationale is simple; no single person should have the authority to shut down the entire state for an indefinite amount of time. There is no unilateral rule in a constitutional republic.

Our legislation, now laid to rest in Cooper’s veto graveyard, would require the governor to get concurrence from the Council of State, which consists of a bipartisan group of ten statewide elected executive offices established by the state constitution, for an emergency declaration lasting more than seven days – and legislative approval for it to extend beyond 45 days.

The framers of our constitution never intended for the executive to have such absolute authority, especially for an unlimited time. I believe our vote on the bill, and Cooper’s subsequent veto, really show the people of North Carolina where we stand on the issue.

I’ve heard from dozens of constituents who are telling us to keep fighting against these authoritarian edicts. As neighboring governors from both parties have ended their emergency orders, North Carolinians want Governor Cooper to be more transparent with the public, demanding a veto override.

We must act to protect the health and safety of our citizens, while ensuring that freedom, democracy, and constitutional order are kept in our republic.

Sincerely,
Rep. Chris Humphrey(R-Lenoir)NC House District 12, Lenoir and Pitt Counties