After receiving at least three-fifths of the vote in each chamber, the North Carolina Senate gave final approval to a proposed constitutional amendment to alter the way the State Board of Elections and Ethics Enforcement is appointed.

The proposal switches the power to make appointments to the board from the governor to the Legislature.

Previously, Democratic Gov. Roy Cooper had sued Republican legislative leaders multiple times over legislation creating different versions of the joint board.

The amendment requires a simple majority at the ballot box to become effective on January 1, 2019.

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.

A North Carolina Superior Court three-judge panel kept in place the recently merged bipartisan state board of elections and ethics enforcement but voided a portion of the law regulating how members would be appointed to that board.

The ruling was in response to a mandate from the North Carolina Supreme Court after they held the membership of and appointment to the bipartisan board was a separation of powers violation.

In response to the Supreme Court’s holding, lawmakers passed House Bill 90 giving the governor the authority to fire any member of the board, so long as he fills the spot with a member from the same party. The bill also allows the governor to appoint a ninth, unaffiliated member, to avoid deadlock.

Gov. Cooper said publicly he would let House Bill 90 become law without his signature, despite his disagreement with it.

Additionally, he has filed a motion with the North Carolina Supreme Court challenging the three-judge panel’s decision and seeking clarity regarding the scope of the Supreme Court’s January holding, which affects the validity of House Bill 90 if it becomes law.