North Carolina Court Blocks Democratic Justice’s Election (1)

The North Carolina Supreme Court has blocked the certification of reelection for one of its own sitting justices after multiple recounts.

The court’s five Republicans voted to delay certification of Democratic Justice Allison Riggs’ Seat 6 victory Tuesday in a three-page order, giving no reason for the pause. Riggs recused from the case, and the court’s other Democrat criticized her colleagues for the decision.

There “is no likelihood of success on the merits and the public interest requires that the Court not interfere with the ordinary course of democratic processes as set by statute and the state constitution,” she said.

The case was brought by Riggs challenger Jefferson Griffin, who argues that roughly 66,000 votes out of the 5.5 million cast in November’s statewide supreme court election should be tossed. Riggs re-won her seat by 734 votes—a number confirmed by a statewide machine recount and a partial hand recount.

Griffin seeks to exclude voters cast by people without a driver’s license number or four digits of the voter’s Social Security number in the state registration database, ballots cast from overseas, and military ballots that didn’t come with a voter’s photocopied ID. The North Carolina State Board of Elections (NCSBE) rejected this challenge and Griffin sued.

“We look forward to finally having these issues the NCSBE has perpetuated being reviewed in a fair manner,” North Carolina Republican Party spokesman Matt Mercer said in an email.

The court’s decision is unprecedented in North Carolina history, and likely in US history, North Carolina Common Cause executive director Bob Phillips said. A ruling for Griffin would be equally unprecedented because the crux of his demand is to eliminate the votes of more than 60,000 people who used state-accepted photo-ID to vote in-person or through the mail, and only for one race on the ballot, he said.

Griffin claims that some overseas voters were never legally residents, that thousands of overseas ballots weren’t accompanied by required voter ID, and that “decades of lawlessness” allowed thousands to cast ballots with incomplete voter files. When the election board didn’t rule his way, the state GOP supported Griffin’s suits in state trial court, appeals court, and the state Supreme Court seeking emergency action.

National voting groups and Democrats criticized the ruling, calling it an attack on democracy.

“Justice Allison Riggs won her seat fair and square and that will continue to be demonstrated before the courts,” North Carolina Democratic Party Chair Anderson Clayton said in a statement.

Phillips was skeptical. He said the court’s pause signaled the Republican majority was prepared to go where no court has before.

“Call it what is is,” he said. “A steal of voters. A voter heist.”

Counsel for Griffin and Riggs didn’t immediately respond to a request for comment. Briefs in the case are due by Jan. 24.

The case is Griffin v. N.C. State Bd. of Elections, N.C., No. 320P24, stay entered 1/7/25.