Lame-duck session could stretch on in Raleigh

On a conference call with reporters Monday, Senate President Pro Tem Phil Berger said there's no plan to rush the voter ID bill through the process. He said it will be filed in the House and the Senate, but it will not move through both chambers at the same time, unlike other bills backed by the GOP super-majority.

"We want to make sure that we give everyone an opportunity to be heard on that," even as it's being amended, Berger explained.

Republicans roll out voter ID bill

Another bill likely to surface on the first day is an economic incentives measure. It hasn't been filed yet, but it is already scheduled for a hearing in the Senate Commerce Committee Tuesday at 2 p.m.

Berger, R-Rockingham, stressed that a proposal may or may not emerge at that time. If it does, he said, "it will be something that is a consensus between the legislature and the executive branch." As usual with economic development measures, Berger declined to offer any further details.

Another agenda item is a restructuring of the State Board of Elections and Ethics Enforcement, which was ruled unconstitutional by a three-judge panel earlier this month. The decision takes effect Dec. 3, so lawmakers have limited time to enact a new governing structure for the agency.

Berger reiterated his objection to allowing one party to control the board, but he said he believes GOP lawmakers and Democratic Gov. Roy Cooper can find an acceptable compromise.

"I think the courts have been very clear that the executive branch should have control over the elections process, and I think we understand that," he said.

The court also threw out six other boards and commissions. However, Cooper issued executive orders to keep those boards functioning as they're currently constituted for the time being. Berger called that a "reasonable" move, saying legislators could pass a bill allowing the status quo to continue into next year, when they and Cooper can work out a permanent fix.

Other items on the agenda include additional appropriations for Hurricane Florence relief and recovery, potential confirmation of Cooper appointees and legislative appointments that Berger said would be fairly standard.

Critics, including the state NAACP, say the lame-duck session is illegitimate and counter to the will of the voters who rejected the GOP super-majority. They're planning a rally and demonstration Tuesday morning, calling on lawmakers to act only on immediate needs like Hurricane Florence relief and then go home, leaving voter ID and other policy issues to the next legislature in January.

"Instead of giving way to the new legislature, the same leadership caucus has convened yet another infamous special session to do more damage on the people of this state while you still can," state NAACP President Rev. T. Anthony Spearman said at a hearing Monday on the voter ID proposal.

Berger brushed aside the criticism, saying a new voter ID law needs to be enacted quickly to give elections officials as much time as possible to prepare for the change by next year's elections.

"We’ve said for a long time that we would be taking this up during the November session," Berger responded. "I don’t think anybody should be surprised."

Berger said he's hopeful lawmakers can finish work in two weeks but didn't sound certain. He also couldn't say whether GOP proposals on other topics might emerge, saying only that none had been discussed with him as of Monday.

"Sometimes things come out of the blue," he said.