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Update: Gov. Josh Stein signed off on Kiger’s nomination minutes after Tuesday’s voting session.
On Tuesday, North Carolina Republicans were without a new member they had planned to seat: Dan Kiger, a Surry County Republican tapped to fill the vacancy left by the resignation of Sarah Stevens.
Kiger, a retired state trooper, was present in the legislature on Tuesday expecting to be sworn in. But he’ll have to wait at least one more day.
A spokesperson for House Speaker Destin Hall’s office said they received word from a representative of Gov. Josh Stein that he wouldn’t sign off on Stevens’ replacement unless the chamber agreed to not take up veto overrides on key bills he has blocked. The spokesperson said they were unable to identify who relayed the message.
“It’s kind of disappointing with the family here and everything, but I understand how that works,” Kiger said. “My understanding was we were going to be seated today and could participate today, but we can’t until he turns the paperwork in, so we’re going to have to wait until tomorrow. I look forward to serving with integrity and professionalism.”
Stein’s office didn’t immediately respond to a request for comment.
Under state law, the governor has seven days to sign off on filling legislative vacancies. If he doesn’t, the governor “shall be presumed to have made the appointment and the legislative body to which the appointee was recommended is directed to seat the appointee.” The governor’s approval is perfunctory, with nominees typically approved quickly.
“It’s kind of disappointing with the family here and everything, but I understand how that works.”
Dan Kiger, Surry County Republican
James White, the House principal clerk, said the governor has until 11:59 p.m. Tuesday to sign off on the nomination. If he doesn’t, White would be tasked with informing the chamber that it needs to proceed with seating Kiger on its own.
For months, House Republicans haven’t had the votes to override Stein’s veto of five bills. The measures are added to the daily calendar in the event the body has a quorum, but enough Democrats are absent that Republicans could force an override. Kiger taking office wouldn’t change the GOP’s math, as the Republicans will still be one seat shy of a supermajority in the House.
Chris Cooper, a Western Carolina University political scientist, couldn’t recall another instance where the governor used his procedural authority to delay a legislative nomination.
“This is just one more illustration of how little formal power North Carolina’s governor has over the legislature or the legislative process,” Cooper said. “It also begs the question as to why he would refuse to approve—especially if the lack of approval is not accompanied by a statement of some sort explaining his position.”
There are five Stein vetoes the House could try to override: three dealing with DEI in state government, K-12 schools, and public colleges and universities; one about immigration enforcement; and one allowing for concealed handguns without a permit.
The gun bill is least likely to become law, given two House Republicans voted against it. Democrats—including the two now-former Dems—all opposed the DEI bills and the immigration one. Thus, Stein’s vetoes are expected to stand.
