NC House Republicans Weigh Final Moves Before Democrats Take Control

By Andrew Pomeranz
Carolina Journal

Republican leaders in the North Carolina General Assembly face a consequential question as lawmakers prepare to return to Raleigh next week: How far will they go in advancing their agenda before Democrats take control of the House in January?

The legislature is scheduled to reconvene Nov. 16-19, followed by a final session beginning Nov. 30 and potentially extending through Dec. 18. Although the dates have been set, legislative leaders have not publicly announced a detailed agenda.

The return comes after Democrats secured control of the state House for the first time since 2011. Republicans are expected to retain control of the Senate, although their majority is projected to narrow to 26 Republicans and 24 Democrats.

Until the current lawmakers’ terms expire at the end of December, however, Republicans retain their existing legislative majorities, giving them a final opportunity to address priorities before the balance of power changes.

The legislature’s adjournment resolution restricts what lawmakers may consider during the remaining sessions. Permitted business includes veto overrides, certain appointments, constitutional amendments, election laws, conference reports, and bills awaiting concurrence.

Within those limits, several unresolved policy questions remain.

Veto overrides
Among the most immediate matters facing lawmakers are Gov. Josh Stein’s outstanding vetoes.

Four vetoed bills remain eligible for House consideration, including Senate Bill 50, which would permit eligible adults to carry concealed handguns without a permit; and House Bill 958, which would shorten early voting for primary elections and establish additional election administration requirements.

Other pending vetoes include House Bill 377, a wide-ranging judicial measure; and House Bill 437, addressing unauthorized public camping and drug-free zones.

The Senate could also reconsider House Bill 171, which would prohibit diversity, equity, and inclusion programs in state government. The House overrode Stein’s veto in June, but the Senate has not completed its override.

Whether Republican leaders can secure the necessary votes remains uncertain.

Republicans currently hold 71 of the 120 House seats, one short of the 72 votes needed to override a veto when all members are present and voting. Because overrides require three-fifths of those present and voting, attendance and potential support from unaffiliated or Democratic lawmakers could determine the outcomes.

Earlier this year, House Republicans successfully overrode four of Stein’s vetoes after Reps. Carla Cunningham, U-Mecklenburg; and Shelly Willingham, D-Edgecombe, were absent from the chamber. Their absences lowered the threshold for a successful override from 72 votes to 71, allowing Republicans to prevail along party lines.

Both lawmakers had lost their Democratic primaries in March after facing criticism from within their party for repeatedly siding with Republicans on key legislation, including previous veto overrides. Cunningham subsequently changed her party affiliation to unaffiliated. Neither lawmaker will return to the General Assembly in January, eliminating two potential sources of support for future Republican veto overrides.

Budget adjustments and outstanding legislation
Lawmakers could also address additional budget technical corrections following the passage of the roughly $34 billion state budget earlier this year.

The General Assembly approved technical corrections in August, addressing funding errors while also including new appropriations and substantive policy changes.

Republican legislative leaders have spent years building up the state’s reserve funds, and the legislature’s Fiscal Research Division reported approximately $1 billion in unappropriated General Fund money as of Sept. 30.

Lawmakers could consider drawing on available funds to revisit major spending priorities, including additional support for the North Carolina Children’s Hospital in Apex, a proposed Major League Baseball stadium in Raleigh that was excluded from the final budget, or another round of Hurricane Helene recovery funding.

Whether Republican leaders can reach an agreement on additional spending before the end of the session remains uncertain.

Beyond budget adjustments, several policy measures remain unfinished.

House Bill 328, which would impose substantial restrictions on intoxicating hemp products, remains unresolved after the Senate approved a conference report in July. House Republicans have expressed disagreements over the proposal, preventing a final vote.

Senate Bill 730, the Ratepayer Protection Act, also awaits Senate action on House changes. The legislation would require large data centers to bear more of the costs associated with their electricity demands.

Additional conference committee proposals involve Medicaid oversight, educational licensure, healthcare access, and criminal justice reforms.

Another outstanding question concerns the implementation of a constitutional amendment limiting local property tax levy increases.

Voters approved the amendment on Nov. 3, requiring lawmakers to establish limits through legislation. Because the amendment does not specify a formula, legislators must determine how those restrictions would operate, including potential exceptions.

The amendment requires the General Assembly to enact a levy limit but establishes no deadline or specific requirements for how restrictive that limit must be, leaving considerable discretion to lawmakers.

House Democratic leader and presumptive speaker Robert Reives, D-Chatham, and most legislative Democrats opposed the amendment, raising questions about how it would be implemented under divided government.

If Republicans do not establish a framework before January, the incoming Democratic House majority could delay implementing legislation or push for a less restrictive formula with broader exceptions.

Although any proposal would still require Senate approval, those differences could complicate negotiations and potentially limit the amendment’s practical impact on local property tax collections.

Potential changes to executive and prosecutorial powers
Beyond unfinished legislation, lawmakers could consider additional changes to the authority of Democratic officeholders.

North Carolina has experienced similar disputes following previous elections. In 2016, Republican lawmakers approved measures reducing the authority of incoming Democratic Gov. Roy Cooper. In 2024, lawmakers shifted control of the State Board of Elections from the governor to the state auditor, an office Republican Dave Boliek had just won.

Republicans have continued restructuring executive branch appointments during Stein’s administration. This year’s budget technical corrections legislation changed appointments to the Local Government Commission, removing Democratic Secretary of State Elaine Marshall from its membership.

Additional changes to appointments or responsibilities of executive branch officials remain possible, although no specific new proposal has been publicly announced.

The issue also carries legal implications. The North Carolina Supreme Court recently heard arguments in disputes between Stein and legislative leaders over appointments and the separation of powers.

Another potential area of conflict concerns the Wake County district attorney’s authority to prosecute public corruption cases involving state officials.

Sources at the General Assembly have told Carolina Journal that Republicans have discussed potentially transferring that authority away from the Wake County district attorney. Democratic former congressman Wiley Nickel, who will assume the office in January, has identified public corruption as a priority.

The possibility has drawn additional attention following Thursday’s indictment of former state Rep. Jason Saine, R-Lincoln, on charges related to the Greater Carolina nonprofit investigation. Saine has denied wrongdoing. The investigation is being handled by the Wake County district attorney’s office.

No legislation changing the office’s prosecutorial authority has been publicly introduced, and Republican leaders have not confirmed plans to pursue such a measure.

Any attempt to make these changes would require lawmakers to navigate the restrictions of the adjournment resolution and, potentially, another veto from Stein.

The political calculations facing Republican leaders
While Republicans retain the authority to act during the remainder of 2026, their decisions carry political considerations extending well beyond December.

Measures that can pass under the current Republican majorities will require Democratic cooperation next year. The approaching transition, therefore, creates an incentive to resolve priorities now, but also raises questions about the consequences of advancing controversial legislation immediately after significant electoral losses.

Republican leaders must also consider whether they can secure sufficient support within their own caucuses.

Disagreements have already prevented action on legislation such as the hemp restrictions, while some Republicans previously opposed the concealed-carry measure awaiting a House veto override.

Bringing lawmakers back to Raleigh after an election, particularly those who lost reelection or are retiring, could present additional attendance challenges. Even with agreement among leadership, assembling the votes necessary to advance contentious legislation may prove difficult.

The Senate faces its own internal transition. Senate President Pro Tempore Phil Berger, R-Rockingham, will leave office at year’s end after losing his Republican primary, and lawmakers are preparing to select a new leader.

That transition, combined with the reduced Republican majority, could influence how aggressively Senate leaders approach the final weeks of the session.

Republicans also must weigh the longer-term political consequences of their actions, including how legislation passed during the lame-duck period might be received by voters ahead of the 2028 elections.

Perhaps the most immediate consideration, however, is their relationship with incoming Democratic House leadership.

During a press conference Tuesday, Reives warned that significant legislative action before Democrats assume control could damage prospects for bipartisan cooperation.

“This is the first opportunity to show what kind of atmosphere we’re going to have next year,” Reives said.

Reives nevertheless acknowledged that Republicans retain the authority to consider veto overrides and other eligible legislation during the remainder of their terms.

Outgoing House Speaker Destin Hall, R-Caldwell, has previously defended the legislature’s practice of returning after elections.

“Members of this body are elected for two years, and that runs through December, and so we’ll take advantage of that entire term,” Hall told reporters earlier this year.

The choice now facing Republican leaders is how much of that remaining term to use.