NC Supreme Court Race Still in Limbo Following New Rulings

Appeals Court Judge Jefferson Griffin’s effort to challenge the results of the NC Supreme Court race that he lost to incumbent Justice Allison Riggs was revived on Monday as his petition was sent to the body he is attempting to join. 

The challenge now hinges on a notice to appeal filed by Riggs and the state Board of Elections to the Fourth Circuit Court of Appeals. If that fails, the challenging petition could end up in front of a 5-1 conservative majority on the NC Supreme Court, with Riggs having already committed to recusing herself from any ruling involving her race. 

In December, the NC Board of Elections (NC BOE) rejected the challenging petition, sending it to federal court, but on Monday, Trump-appointed US District Judge Richard Myers sent the challenging petition back to state court, writing that Griffin’s challenge does not “necessarily raise an issue of federal law.” 

Griffin’s dramatic chronicle of election protests began with his claim that 60,000 ballots should be thrown out on the grounds that voters had not provided their full Social Security or drivers license numbers upon registering. 

See if your vote is one of those being challenged by Griffin here.

Meanwhile, also on Tuesday, Republicans on the state Supreme Court issued a stay prohibiting the NC BOE from certifying Riggs’ election, which the board was scheduled to carry out on Friday. 

“Justice Allison Riggs won her seat fair and square and that will continue to be demonstrated before the courts,” read a statement from NC Democratic Party chair Anderson Clayton in response to the state Supreme Court’s order. “Justice Riggs deserves her certificate of election and we are only in this position due to Jefferson Griffin refusing to accept the will of the people. He is hellbent on finding new ways to overthrow this election but we are confident that the evidence will show, like they did throughout multiple recounts, that she is the rightful winner in this race.” 

On election night, Griffin led Riggs by nearly 10,000 votes, but after provisional and absentee ballots were counted, the lead flipped in Riggs’ favor. Two recounts requested by Griffin confirmed a 734-vote lead for Riggs.

Since then, Griffin has made multiple attempts to invalidate tens of thousands of votes, bringing his election protest to the Democratic-led NC BOE in December only for the board to dismiss his protest due to lack of evidence of voter ineligibility.

Griffin then appealed the ruling to the state Supreme Court, seeking a writ of prohibition and asking the justices to block his electoral loss. Determining the case a matter of federal law, attorneys for the elections board removed the case to federal district court to be presided over by Judge Myers.

“Should a federal tribunal resolve such a dispute?” Myers asked in Monday’s order. “This court, with due regard for state sovereignty and the independence of states to decide matters of substantial public concern, thinks not.”

With Myers’ decision, the case was remanded to the state Supreme Court. Following Riggs’ and the NC BOE’s appeal, however, the case now sits in the Fourth Circuit.