North Carolina's highest court has intervened in the certification of a November election result for one of its own seats to review legal arguments by a trailing candidate who contests over 60,000 ballots that were cast. The state Supreme Court, dominated by Republicans, issued a temporary stay, halting the certification process. Democratic Associate Justice Allison Riggs currently leads GOP challenger Jefferson Griffin by just 734 votes out of over 5.5 million ballots cast.
The ultimate winner of this election will secure an eight-year term on a Supreme Court where five of the seven current justices are registered Republicans. The State Board of Elections had previously dismissed Griffin's protests challenging the ballots, setting a timeline for Riggs' certification this Friday unless a court intervened.
The court's order requires Griffin and the board to file legal briefs over the next two weeks. Griffin's attorneys had initially sought intervention from the state Supreme Court three weeks ago, but the matter was moved to federal court. However, U.S. District Judge Richard Myers returned the case to the state Supreme Court, citing unsettled questions of state law.
Riggs recused herself from the matter, and Associate Justice Anita Earls opposed the stay, emphasizing the importance of not interfering with the democratic process. Attorneys for the State Board of Elections and Riggs have appealed Myers' decision to the 4th U.S. Circuit Court of Appeals.
Griffin's challenge primarily focuses on ballots with missing information, such as driver’s license numbers or Social Security digits, as required by state law since 2004. He also contests votes from overseas voters and military personnel who did not provide photo identification. Riggs and the state board argue that excluding these votes would violate federal and state laws and the U.S. Constitution.
The state election board, comprising three Democrats and two Republicans, had previously dismissed Griffin's protests. The Supreme Court in North Carolina has been a focal point in recent years for partisan disputes involving redistricting, voter identification, and voting rights.