North Carolina’s Republican state auditor has made appointments to a new State Board of Elections because an appeals court said a law can still be enforced while it is challenged by Democratic Gov.

The North Carolina Court of Appeals paved the way for a law removing appointment power to the state elections board from Gov. Josh Stein (D-NC) and giving it to Republican State Auditor Dave Boliek to go into effect.

The power shift upends the practice in place for over a century in which the governor alone has had the power to appoint members of election boards.