From March 2018 until December 2018, a contested nine-member Bipartisan State Board of Elections and Ethics Enforcement existed.

[2] With the law, the Republican-majority General Assembly limited the power of the newly elected Democratic Governor in the appointment of the board's members.

Newly sworn in Governor Cooper filed suit, and the law was struck down on March 17, 2017 by a three-judge panel of Wake County Superior Court.

[5] The General Assembly subsequently passed House Bill 90, creating a ninth position on the state board and giving the governor more control over the appointments.

Additionally, in October 2018, just weeks before the November elections, the same three-judge panel of the earlier lawsuits ruled the nine-member board unconstitutional as well.

Therefore the judges issued a stay of their order, allowing time for the investigation to be conducted and for the General Assembly to enact a law for a new board.