On February 28, the North Carolina Court of Appeals ruled that a three-judge panel did not have the authority to revive the two original boards after lawmakers had dissolved them with Senate Bill 4.

Gov. Roy Cooper is currently challenging Senate Bill 4 on the basis that the General Assembly overstepped its state constitutional authority when it adopted the law establishing an eight-member board to oversee elections and consider ethics complaints and issues.

Last month, the North Carolina Supreme Court blocked Senate Bill 4 from taking effect while the legal challenge against the law is pending. This latest ruling means there is not technically an Ethics Commission or Board of Elections. Gov. Cooper is expected to appeal the ruling to the state Supreme Court, which could reestablish the boards.