For now, the governor will continue to control the State Board of Elections. Democrat Governor Josh Stein sued the legislature and the state over a law passed in December that gave most of the power over elections to the state auditor.
A three-judge panel split two to one Tuesday ruling that the law was unconstitutional. One of the republican judges on the panel voted against the ruling.
The case will likely be appealed to a federal court. Republicans argue that the law was constitutional. It was passed over the veto of former Governor Roy Cooper.
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