If Harris picks NC’s Cooper for VP, would that hand the governor’s job to Mark Robinson?

Now that President Joe Biden is leaving the presidential race, one North Carolina figure has emerged as a potential running mate to Vice President Kamala Harris, who will seek the party’s nomination.

Democratic Gov. Roy Cooper, whose term ends in January and is limited from seeking reelection, has been repeatedly mentioned as a candidate for vice president alongside Harris.

But joining the presidential campaign would likely take Cooper out of the state often leading up to November, raising questions about how he could continue to serve as governor.

Here, we answer a few questions about what a Cooper vice presidential bid would mean for the political leadership of his home state, where a Republican, Lt. Gov. Mark Robinson, is next in line. Robinson is running against Democratic Attorney General Josh Stein for governor this fall.

Would Cooper have to resign if chosen as Harris’ running mate?

No, he would not.

“American politics is littered with examples of people holding office while they’re running for other offices,” Chris Cooper, a political science professor at Western Carolina University, said.

If chosen as Harris’ running mate, Cooper would likely finish out his term as governor before his replacement was sworn in next year.

What happens when Cooper leaves the state?

Per the state constitution, when the governor leaves the state, the lieutenant governor becomes the acting governor.

Lt. Gov. Mark Robinson, a Republican currently running for governor, took advantage of this in October when Cooper was in Japan.

As acting governor, Robinson issued a proclamation declaring “North Carolina Solidarity with Israel Week” following the Oct. 7 attacks by Hamas.

Sam Chan, a spokesperson for Cooper at the time, called Robinson’s press conference a “stunt” prior to the details being announced.

“Courts across the country in states with similar constitutional provisions have held that executive succession clauses do not apply where the Governor is able to communicate and direct state business and there is no need for action by the Lieutenant Governor,” she said. “This stunt by the Lieutenant Governor and attempt to undermine our state’s democracy is harmful to North Carolina’s reputation and a reason he should never be trusted with real responsibility.”

What could Robinson do as acting governor?

Robinson could hold further press conferences as acting governor and make similar declarations while Cooper was out of town.

“Mark Robinson’s been very good at taking the rhetorical advantage when he has it,” Chris Cooper, the political scientist, said. “... I could absolutely see him taking advantage of that — grabbing the microphone when he’s got it.”

It would be difficult, however, for Robinson to take decisive action as acting governor, given that Cooper would likely only be gone for a few days at a time.

“Cooper would be strategic enough, I’m sure, to make sure there wasn’t much he (Robinson) could do,” Cooper said.

Who is Mark Robinson?

Known for his fiery rhetoric and disparaging comments about the LGBTQ+ community and women, Robinson won his race for lieutenant governor in 2020 as a first-time elected official.

He has referred to homosexuality as “filth,” said women should “keep your skirt down” to avoid abortion and recently told a church congregation “some folks need killing” when talking about World War II.

Robinson said that, if elected as governor, he’d want the legislature to send him a “heartbeat” abortion bill, which would ban the procedure starting at five or six weeks gestation.

Robinson won the Republican primary for governor in March, beating State Treasurer Dale Folwell and Salisbury attorney Bill Graham. He spoke at the Republican National Convention this month.

NC Reality Check is a News & Observer series holding those in power accountable and shining a light on public issues that affect the Triangle or North Carolina. Have a suggestion for a future story? Email realitycheck@newsobserver.com

Capitol Bureau Chief Dawn Baumgartner Vaughan contributed to this report.

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