Arguments before the North Carolina Supreme Court began this week in the historic Edenton Courthouse in the case Harper v. Hall. This case represents the appeal from Republican leaders of the North Carolina General Assembly who contend that the North Carolina Supreme Court overstepped their power when they required the legislature to redraw district maps earlier this year. Attorneys on the other side argue that the North Carolina Supreme Court has the power to strike these maps because they were drawn for the purpose of Republicans an electoral advantage. Given that the current court make up is 4-3, with Democrats in the majority, and there are two seats up for election (both currently held by Democrats), all eyes are focused on the upcoming North Carolina Supreme Court races for the sake of the future of redistricting litigation in North Carolina.

Following President Joe Biden’s announcement this week that he would pardon individuals convicted of federal marijuana possession laws, Democratic Attorney General Josh Stein applauded the decision, writing on Twitter, "I look forward to working with the legislature in the coming months to help move NC forward as well."

Election Preview

There are less than 40 days to go before voters across North Carolina cast their ballots for who they would like to represent them in the US Senate and the US House, as well as in the state legislature and in judicial offices. This article is the second in a series of races we are highlighting across the state. For more information on how to register or how to vote in North Carolina, click here.

To catch up on all the races happening in North Carolina, you can check out the latest edition of Week in Review. For an overview of the races taking place in the Eastern part of the state, click here. This week we focus on statewide judicial races, and legislative races in the Western region of North Carolina.

Statewide Judicial Races

North Carolina Supreme Court

The terms of two North Carolina Supreme Court justices, Robin Hudson and Sam Ervin IV, will expire at the end of 2022. Both Hudson and Ervin are Democrats. In order to retain control of the Supreme Court, Democrats must win both seats. Currently, of the seven total seats on the bench, Democrats hold four and Republicans hold three.

Seat 3: Lucy Inman (D) versus Richard Dietz (R)

Justice Robin Hudson is not seeking re-election this year, leaving the seat open. Democrat Lucy Inman is currently a judge on the North Carolina Court of Appeals. She received her J.D. from the University of North Carolina School of Law in 1990 and clerked to Chief Justice James Exum of the Supreme Court. Inman ran for the high court in 2020 but narrowly lost to Republican Phil Berger Jr.

Republican Richard Dietz also serves as a judge on the North Carolina Court of Appeals, having been appointed by Governor Pat McCrory in 2014. He received his J.D. from Wake Forest University School of Law in 2002 and worked as a clerk to several federal circuit courts.

Seat 5: Sam Ervin IV (D) versus Trey Allen (R)

Justice Ervin, a Democrat, has served on the Supreme Court since being elected in 2014. He received his J.D. from Harvard Law School in 1981 and practiced law until being appointed to the state utilities commission by Governor Jim Hunt in 1999. He is the grandson of the late U.S. Senator Sam Ervin Jr. who chaired the Senate Watergate Committee.

Republican Trey Allen is a former judge advocate in the Marine Corps and General Counsel for the NC Administrative Office of the Courts, which he was appointed to by Republican Chief Justice Paul Newby in 2021. He received his J.D. from the University of North Carolina School of Law in 2000.

North Carolina Court of Appeals

The terms of four North Carolina Court of Appeals judges, Democrats Lucy Inman and Darren Jackson, and Republicans Donna Stroud and John Tyson, will expire at the end of 2022. The 15-member court currently consists of 10 Republicans and 5 Democrats.

Seat 8: Carolyn Jennings Thompson (D) versus Julee Flood (R)

Lucy Inman is vacating this seat to run for the North Carolina Supreme Court. Democrat Carolyn Jennings Thompson, a former District Court and former Superior Court judge, is vying for the seat against Republican Julee Flood, an attorney who works for current Court of Appeals judge Jeff Carpenter. 

Seat 9: Brad Salmon (D) versus Donna Stroud (R)

Republican Donna Stroud has served as a judge on the Court of Appeals since 2007 and was appointed Chief Judge in 2021 by then-Supreme Court Chief Justice Cheri Beasley. Stroud faces District Court Judge and former state House of Representatives member, Brad Salmon, a Democrat.

Seat 10: Gale Adams (D) versus John Tyson (R)

Republican John Tyson has served as a Court of Appeals judge since 2001. He faces Democrat Gale Adams, a Superior Court judge.

Seat 11: Darren Jackson (D) versus Michael J. Stading (R)

Democrat Darren Jackson served in the North Carolina House of Representatives from 2009 until 2020 when he was appointed by Governor Roy Cooper to fill the vacancy of Phil Berger Jr., who was elected to the North Carolina Supreme Court. Jackson faces Michael J. Stading, a former prosecutor and Air Force judge advocate.

Western North Carolina Legislative Races

Western North Carolina Senate Races

In both the House and Senate, Republicans are expected to remain in control following this year’s election, however, the Republican path to a supermajority is easier – but not likely – in the state Senate. According to the John Locke Foundation’s Civitas Partisan Index, of the 50 total Senate seats, 24 are likely to elect Republicans, four are “toss-up” districts, and five “lean Democrat.” Republicans need to win six of the toss-up or lean Democrat seats to take the supermajority (30 seats).

In November, voters in the western part of the state will decide the winners of the following races:

District 36: Alexander, Surry, Wilkes, Yadkin

Republican Eddie Settle, a three-term Wilkes County Commissioner and newcomer to the legislature, is running unopposed. 

District 45: Caldwell (part), Catawba

Incumbent Senator Dean Proctor (R-Catawba), a Hickory businessman, is running unopposed for his second term.

District 46: Buncombe (part), Burke, McDowell

Incumbent Senator Warren Daniel (R-Burke), who chairs the Senate Redistricting and Elections Committee and the Senate Appropriations, Justice and Public Safety Committee, is running for his seventh term. He faces Democrat Billy Martin, a Marion City Councilmember, in this "safe Republican" seat.

District 47: Alleghany, Ashe, Avery, Caldwell (part), Haywood (part), Madison, Mitchell, Watauga, Yancey

Following redistricting, Senate Deputy President Pro Tempore Ralph Hise (R-Mitchell) and Senator Deanna Ballard (R-Watauga) were placed in the same district and ran against each other in the May Republican Primary. Senator Hise won the primary and is running unopposed for his seventh term. 

District 48: Henderson, Polk, Rutherford

Following Senator Chuck Edwards' (R-Henderson) decision to run for Congress in the 11th District, current Representative Tim Moffitt (R-Henderson) announced his intention to run for the seat. Moffitt chairs the House Alcoholic Beverage Control Committee. He faces Democrat Jay Carey, a veteran and Henderson County resident. The district is rated "safe Republican."

District 49: Buncombe (part)

Incumbent Senator Julie Mayfield (D-Buncombe), who serves as the Democratic Caucus Secretary, is running for a second term. She faces Republican business owner John Anderson. This Asheville-based district is rated "safe Democrat" and is the only seat in the western region of the state currently represented by a Democrat. 

District 50: Cherokee, Clay, Graham, Haywood (part), Jackson, Macon, Swain, Transylvania

Incumbent Republican Senator Kevin Corbin is seeking a second term in the Senate. He previously served a term in the House. In this district that borders both South Carolina, Tennessee, and Georgia, Corbin faces Democrat Karen Burnette McCracken. The seat is rated "safe Republican."

Western North Carolina House Races

Like the Senate, Republicans are anticipated to remain in control of the House following the election. According to the John Locke Foundation’s Civitas Partisan Index, of the 120 total Senate seats, 58 are likely to elect Republicans, 56 will likely elect Democrats, and six are “toss-up” districts. Republicans need to win six of the toss-up or lean Democrat seats to take the supermajority.

In November, voters in the western part of the state will decide the winners of the following races:

District 85: Avery, McDowell (Part), Mitchell, and Yancey

Incumbent Representative Dudley Greene (R-McDowell) is seeking his second term in the House. He faces Democrat Robert Cordle, a first responder. The district is rated “safe Republican.”

District 86: Burke

Incumbent Representative Hugh Blackwell (R-Burke), who chairs the House Education K-12 Committee and the House Select Committee on an Education System for North Carolina’s Future, is running unopposed for an eighth term.

District 87: Caldwell and Watauga (Part)

Incumbent Representative Destin Hall (R-Burke), who chairs the House Rules Committee, is running for a fourth term. He faces Democrat Barbara Kirby in this “safe Republican” seat

District 89: Catawba (Part) and Iredell (Part)

Incumbent Representative Mitchell Setzer (R-Catawba), who is the Senior Chair of the House Finance Committee, is running unopposed for a 13th term.

District 90: Surry and Wilkes (Part)

Incumbent Representative Sarah Stevens (R-Surry), who serves as the House Speaker Pro Tempore, is running unopposed for an eighth term.

District 93: Alleghany, Ashe, and Watauga (Part)

Incumbent Representative Ray Pickett (R-Watauga), a businessman, is seeking his second term in the House. He faces Democrat Ben Massey, an Ashe County farmer, in this "likely Republican" seat.

District 94: Alexander and Wilkes (Part)

Incumbent Representative Jeffrey Elmore (R-Wilkes), an educator, is seeking his sixth term in the House. He faces Democrat Chuck Hubbard, a newspaper publisher, in this district rated "safe Republican."

District 96: Catawba (Part)

Incumbent Representative Jay Adams (R-Catawba), who Chairs the House Wildlife Resources Committee, is running unopposed for a fifth term. 

District 111: Cleveland (Part) and Rutherford (Part)

House Speaker Tim Moore (R-Cleveland) is running unopposed for an eleventh term. He has served as Speaker since 2015.

District 113: Henderson (Part), McDowell (Part), Polk, and Rutherford (Part)

Incumbent Representative Jake Johnson (R-Polk), who chairs the House Appropriations, Information Technology Committee, is running unopposed for a second full term. 

District 114: Buncombe (Part)

Democrat J. Eric Ager, a Navy veteran and farmer, is running for this seat being vacated by his father, current House Representative John Ager (D-Buncombe), who announced earlier this year he would not seek re-election. He faces Republican Everett Pittillo in this "safe Democrat" seat.

District 115: Buncombe (Part)

Democrat Lindsey Prather, an educator, is running for this seat being vacated by current House Representative Brian Turner (D-Buncombe) who announced earlier this year he would not seek re-election. She faces Republican Pratik Bhakta who won his primary by just one vote. This is rated as a "likely Democratic" seat.

District 116: Buncombe (Part)

Incumbent Representative Caleb Rudow (D-Buncombe) is seeking his first full term in the House. He was appointed following Representative Susan Fisher's resignation earlier this year. Representative Rudow faces Republican Mollie Rose in this "safe Democrat" seat.

District 117: Haywood and Madison

Republican Jennifer Balkcom, a community leader and small business owner, is running to fill this seat being vacated by Representative Tim Moffitt (R-Henderson) who is running for the State Senate. Balkcom faces Democrat Michael O'Shea, a music producer and former Congressional candidate. The seat is rated "likely Republican."

District 118: Haywood and Madison

Incumbent Representative Mark Pless (R-Haywood) is running for his second term in the House. He faces Democrat Josh Remillard, an Army veteran. The district is rated "safe Republican."

District 119: Jackson, Swain, and Transylvania

Incumbent Representative Mike Clampitt (R-Swain), a former fire captain, is seeking a third term in the House. He faces Democrat Al Platt, a Brevard based architect. The district is rated "lean Republican."

District 120: Cherokee, Clay, Graham, and Macon

Incumbent Representative Karl Gillespie (R-Macon) is seeking a second term in the House. He is running unopposed.

Upcoming Legislative Meetings

Tuesday, October 11

10:00AM: Joint Legislative Oversight Committee on Health and Human Services
2:00PM: Joint Legislative Oversight Committee on Medicaid

Wednesday, October 12

10:00AM: House Select Committee on Advancing Women in STEM