In Raleigh, North Carolina, the state’s Court of Appeals is currently deliberating on a contentious issue involving the November state Supreme Court election. This case involves allegations from Republican candidate Jefferson Griffin, who is questioning the validity of votes on tens of thousands of ballots cast in that election. A decision from the three-judge panel, consisting of two Republicans and one Democrat, is pending as they determine whether the State Board of Elections was correct in dismissing Griffin’s formal ballot protests last December. A previous ruling from a trial judge upheld the board’s actions.
After undergoing two recounts, the Democratic incumbent, Allison Riggs, holds a fragile lead over Griffin by 734 votes out of more than 5.5 million cast. Griffin’s legal team contends that approximately 65,000 ballots across three specific categories were issued by ineligible voters. If removed, those votes could potentially swing the election in Griffin’s favor.
No immediate decision was rendered following 90 minutes of legal arguments. However, given the significance of this role in North Carolina’s judicial system, with an eight-year term on the line, there is pressure for an expedited resolution. The court term was supposed to commence in January, and in the meantime, Riggs continues her service, while Griffin maintains his position as one of the 15 Court of Appeals judges.
The stakes remain high, as the unresolved state Supreme Court race remains the only contested election in a year where over 4,400 electoral outcomes have been declared. Whatever judgment Judges John Tyson, Fred Gore, and Toby Hampson reach could invite future appeals to the very Supreme Court that both Riggs and Griffin seek to join, possibly even extending to federal courts.
Particularly notable is Griffin’s connection to the case, as he has recused himself from the appellate court’s deliberation process. All the judges in this panel will render a decision affecting both a peer and Riggs, who briefly was a fellow judge on the Court of Appeals in 2023.
A significant portion of the session revolved around Griffin’s categorization of challenged ballots. The largest category comprises ballots from voters whose registration details were missing a driver’s license number or the last four digits of their Social Security number. Additional challenges cited ballots cast by overseas voters with no prior U.S. residency and military or overseas voters who submitted ballots unsigned by photo ID copies.
Griffin’s attorneys argue that recognizing these ballots violates state law and accuse the elections board of disregarding legal requirements. “This case is not about changing laws after the election,” Griffin’s attorney Craig Schauer stated, insisting that the existing laws required enforcement.
Riggs’ legal representation, alongside the elections board, contends that these were valid votes under long-established rules that cannot be retroactively adjusted. They also assert Griffin didn’t adhere to proper protest protocols. “It is time for this election to come to an end and for voters to know that their votes will count in this state if they follow the rules in place at the time of the election,” stated Ray Bennett, Riggs’ attorney.
During the hearing, Hampson, the Democratic judge, probed Schauer on how Griffin’s challenge might unequally impose voting laws. This line of questioning suggested that the protests selectively targeted a subset of ballots, which could lead to accusations of inconsistent and unconstitutional voting restrictions.
In contrast, Judge Tyson examined the implications of a 2005 state Supreme Court decision that had dismissed provisional ballots from 2004, even with approval from the state board. His queries raised the possibility of a precedent that might justify discounting ballots post-election.
Outside the courthouse, Riggs’ supporters have staged rallies demanding Griffin concede. In parallel, numerous external organizations have submitted briefs supporting the elections board’s decision, including ballots’ defenders challenged by Griffin.