RALEIGH, N.C. — In a highly contested Supreme Court election, Republican candidate Jefferson Griffin has requested that the North Carolina Supreme Court intervene and stop election officials from counting over 60,000 ballots that he claims were improperly cast. This intervention comes amid a close race against Democratic Associate Justice Allison Riggs, where with a full count of more than 5.5 million votes cast in the Nov. 5 election, Riggs currently leads Griffin by a narrow margin of 734 votes. The race has yet to be officially called.
Last week, the State Board of Elections opted to dismiss protests submitted by Griffin and other Republican candidates. Typically, a trailing candidate seeking to block the certification of election results would appeal to Wake County Superior Court. Riggs, having proclaimed herself the winner, is calling for Griffin to concede the race.
In a surprising move, Griffin approached the Supreme Court directly, requesting a ruling by the upcoming Monday on his plea to halt the issuance of a certificate of election to Riggs while also suspending the ten-day timeframe typically allocated for filing appeals in the Wake County court.
Griffin’s legal team argues that a brief delay would allow the justices to review his claims regarding the three distinct types of ballots that he contends should not be counted against him in the election. The North Carolina Supreme Court, which is made up of five Republicans and two Democrats, has recently been the center of partisan controversies, particularly over matters such as redistricting and voting rights legislation.
Earlier this month, the state Democratic Party initiated a federal lawsuit aiming to prevent the board from discarding ballots, arguing that such actions would be unconstitutional and would infringe upon election laws. Democratic leaders express concern that the Supreme Court may side with the Republicans, potentially nullifying votes and jeopardizing Riggs’ lead in the race. By filing directly with the Supreme Court, Griffin aims to expedite the process and avoid any delays that might arise if the Democrats sought to transition the case to a federal court, as outlined in his submission briefs.
Griffin’s challenges focus on three groups of ballots: those cast by individuals whose voter registration records do not include driver’s licenses or have incomplete Social Security numbers; ballots from overseas voters with North Carolina ties; and votes submitted by military or overseas voters who did not include required photo identification.
The State Board of Elections, consisting of three Democrats and two Republicans, dismissed Griffin’s protests with a majority ruling that cited a lack of any substantial evidence indicating violations of election law. The Board’s written decision noted the absence of reasonable grounds to suggest any wrongdoing occurred during the election process.
Troy Shelton, an attorney for Griffin, countered Riggs’ claims that his client was attempting to change electoral regulations post-election, highlighting that voting registration requirements have been in place since 2004 and residency laws have historical roots dating back to 1776. “The Board had a duty to exclude votes cast in breach of state law,” Shelton asserted on Wednesday.
Conversely, Board Chair Alan Hirsch expressed significant concerns regarding the idea of nullifying a registered voter’s indicated choice, labeling such an approach as fundamentally incompatible with democratic principles.
The protests previously filed also included challenges from three Republican candidates trailing in their respective General Assembly races. In the upcoming days, these additional protests are set to be reviewed by the State Board of Elections. In the General Assembly races, should candidates exhaust their protest options, they must petition the respective chamber of the General Assembly to determine election outcomes.
For instance, in one contested seat, Republican state representative Frank Sossamon is trailing Democratic challenger Bryan Cohn by approximately 230 votes. Should Cohn prevail, Republicans would fall one seat short of maintaining their existing veto-proof majority starting next month.
