North Carolina Gov. Roy Cooper will appoint members to the State Board of Elections and Ethics Enforcement while litigation over the structure of the board is pending.

The Democratic governor has sued Republican legislative leaders three times over legislation creating different versions of the joint board. The latest lawsuit was filed by the governor on March 13.

Cooper won the two previous lawsuits over versions creating an eight-member board comprised of four Democrats and four Republicans. He sued again, arguing the now nine-member board still prevents him from having control over carrying out elections laws.

A state board administering elections and campaign finance laws has been vacant since last June while the constitutionality of the joint board has been litigated.