RALEIGH, N.C. — On Friday, the North Carolina Democratic Party initiated legal action to prevent the possible exclusion of tens of thousands of ballots from an exceedingly close race for the state Supreme Court. They argue that if state election officials respond to protests from the trailing Republican candidate, it would breach federal law.
The lawsuit was submitted in a federal court in Raleigh as attorneys representing Court of Appeals Judge Jefferson Griffin sought expedited action from the State Board of Elections on their complaints. According to an email from the board, a public hearing regarding the protests is provisionally scheduled for the following Wednesday, but Griffin desires a quick resolution.
In the recent election held on November 5, Democratic Associate Justice Allison Riggs currently has a narrow lead over Griffin by 734 votes after a recount of more than 5.5 million ballots. A partial hand recount of votes is also underway and is nearing completion.
Griffin, alongside three other Republican candidates for state legislature, argues that more than 60,000 ballots should not have been included in the totals, thereby questioning the integrity of the election results. Their concerns include alleged discrepancies in voter registration records and claims that some overseas voters have failed to meet North Carolina residency requirements.
The Democratic Party’s court filing asserts that many of the protests amount to organized efforts to challenge voter eligibility, which goes against a federal law that prohibits the retroactive removal of individuals from voter registration lists after an election. The suit seeks a judicial ruling affirming that these votes cannot be invalidated and demands compliance from the election board, which has a Democratic majority.
State party Chair Anderson Clayton expressed in a statement, “No North Carolinian deserves to have their vote thrown out in a callous power grab.” Under state law, if the board finds merit in an election protest, it has the authority to amend vote counts, order new recounts, or instigate a new election.
Griffin’s legal team also urged judges on Friday to require the board to finalize their decisions by Tuesday afternoon. These requests were submitted to Wake County Superior Court and the Court of Appeals, where Griffin himself serves. Typically, a panel of three judges from a pool of 15 examines these motions.
“Public trust in our electoral processes hinges on fair and efficient methods for establishing election results. By neglecting to deliver a timely ruling, the State Board risks further eroding public confidence,” stated Griffin’s attorney, Troy Shelton.
In a separate response to the protests, Riggs’ legal team requested that Griffin’s challenges be dismissed outright.
Initially, Griffin led Riggs by approximately 10,000 votes on election night, but as more provisional and absentee ballots were processed during the canvassing period, this lead diminished and ultimately turned in favor of Riggs, who has now proclaimed her victory.
The Republican candidates accompanying Griffin in his protests had all experienced losses to their Democratic competitors following the machine recounts. One such candidate, Republican Representative Frank Sossamon, finds himself trailing Democratic contender Bryan Cohn by roughly 230 votes. A Cohn victory would leave Republicans just one seat short of maintaining their veto-proof majority in both legislative chambers, enhancing Democratic Governor-elect Josh Stein’s influence in 2025. As of now, the outcome of the Supreme Court race and two of the highlighted legislative races remain uncalled.
