A federal judge on Monday ignited a fight over an election that would return a North Carolina Supreme Court post to the state's highest court.
Then, on Tuesday, the North Carolina Supreme Court blocked certification of the election results between Democratic Associate Justice Allison Riggs and Republican challenger Jefferson Griffin.
According to WUNC, Mr. Griffin lost the general election, followed by two recounts, one statewide machine recount, and the election of randomly selected early voting locations and precincts in each county. A partial manual recount of the ballots showed Riggs still in the lead, he said. . Results show Democrats leading by just 734 votes out of more than 5.5 million votes cast, but Riggs insists 60,000 votes cast should be invalidated. .
The eventual winner will receive an eight-year term on the Supreme Court, and five of the seven current justices will be registered Republicans.
Most of the ballots Mr. Griffin is challenging come from voters whose registration records are missing either their driver's license number or the last four digits of their Social Security number, and since 2004, state law requires that they be registered. It is mandatory to request this information at the time of application. The Voting Act of 2002 (HAVA) did not specifically require that voter registration forms include a Social Security number or the last four digits of a driver's license number.
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However, even if the last four digits of a person's Social Security number or driver's license cannot be verified, it is still legal to vote. People can present a HAVA document, such as a utility bill, and then the state elections office must assign that person a special identification number to register to vote, according to WUNC.
Judge Jefferson Griffin of the North Carolina Court of Appeals and Associate Justice Alison Riggs of the North Carolina Supreme Court. (North Carolina Office of Court Administration via Associated Press)
Other large categories of votes that Griffin is challenging include overseas voters who have never lived in the United States but whose parents are considered North Carolina residents, and those who do not include photo ID on their ballots. They were cast by military personnel and overseas voters who did not submit a copy. In accordance with federal law, the state Administrative Code states that overseas voters are exempt from that requirement, WUNC reported.
Attorneys for Mr. Griffin, an intermediate state appellate court judge, initially asked the state Supreme Court to intervene three weeks ago.
But the Board of Elections quickly moved the matter to federal court, saying Griffin's appeal involves issues of federal voting law and voting rights law.
Griffin disagreed, and so did U.S. District Judge Richard Myers, who sent the case back to the state Supreme Court on Monday.
Meyers, a candidate for President Donald Trump's seat, wrote that Griffin's protests raise “unresolved questions about state law” and have a tenuous connection to federal law.
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North Carolina Democratic Party Chairman Anderson Clayton, left, speaks during a press conference about the disputed election for a state Supreme Court seat on Capitol Square on Tuesday, December 10, 2024 in Raleigh, North Carolina. (AP Photo/Gary D. Robertson)
Hours later, Griffin's lawyers asked the state Supreme Court for a temporary stay, which the court granted.
“Because it concerns the certification of an election, this matter should be addressed expeditiously unless a federal court issues an injunction,” Tuesday's order said.
According to the order, Mr. Riggs recused himself from the matter, and Associate Justice Anita Earls, the other Democrat on the court, also said, “In the public interest, the court must comply with the normal rules of the democratic process established by the court.'' He said he opposed the suspension in part because “we need to not disrupt the process.” Statutes and state constitutions. ”
The state Board of Elections and Riggs' attorneys quickly filed a notice of appeal of Myers' decision with the 4th U.S. Circuit Court of Appeals. The state commission late Tuesday asked the Court of Appeals to direct Myers to withdraw the case from the state Supreme Court and prevent it from returning to state court while the matter is on appeal.
Without intervention from federal appeals judges, the Republican-controlled state Supreme Court would effectively be asked to decide the winner of its own seat.
Voters make their choices at a voting booth inside an early voting site in Hendersonville, North Carolina, affected by Hurricane Helen on October 17, 2024. (Melissa Sue Gerrits/Getty Images)
The State Board of Elections last month rejected Griffin's written appeal challenging his ballot. This sets in motion a timeline in which, unless the courts intervene, the board will issue a certificate confirming Riggs' election this Friday, ending the case. Tuesday's order halted such certifications and ordered Griffin and the board to submit legal briefs to the next judge. Two weeks.
Mr. Riggs' Democratic allies accused Mr. Griffin and the state Republican Party of trying to overturn the legitimate election results.
State Democratic Party Chairman Anderson Clayton said in a news release that Riggs “deserves a certificate of victory, but we are only in this position because Mr. Jefferson Griffin refused to accept the will of the people.”
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The state election board, which rejected Griffin's appeal, is made up of three Democrats and two Republicans.
The nation's ninth-largest state's Supreme Court has become a partisan flashpoint in recent years with legal battles over redistricting, photo voter identification and other voting rights.
The Associated Press contributed to this report.
