North Carolina Supreme Court rejects Republican candidate’s election challenge, lower courts must review it first

In an unexpected move last night, the North Carolina Supreme Court denied Republican candidate Jefferson Griffin’s petition challenging more than 60,000 ballots cast in his November 2024 race for a judicial seat, which he lost by more than 700 votes to Democratic incumbent Justice Allison Riggs.

However, this decision does not mark the end of Griffin’s ongoing legal dispute and his recent election defeat.

Wednesday’s order specifies that the Wake County Superior Court must hear Griffin’s protests over three separate categories of ballots — all of which were previously rejected by the state election board — before the top court of the State does not comment. include those cast by out-of-state voters who have not submitted a copy of their photo identification, voters who have never previously resided in North Carolina, and individuals whose voter registrations may have been incomplete.

The state Supreme Court also noted that its previous Jan. 7 order suspending certification of the disputed election would remain in effect until the case is fully resolved, leaving the final outcome of the race up in the air. Democratic Judge Anita Earls disagreed with her colleagues’ decision to uphold the certification stay, noting that it “prevents the Wake County Superior Court from deciding for itself whether Griffin is likely to succeed on the merits and whether a suspension is justified.

Riggs responded to the court’s latest action in a statement saying that “while I agree with the North Carolina Supreme Court’s decision yesterday to deny Judge Griffin’s inappropriate request for a restraining order, I am disappointed that the door has been opened to drag this matter out. been away for so long.

She added that her “election is the last uncertified race in the country” and that she “will continue to ensure that the more than 65,000 voters Griffin seeks to disenfranchise can make their voices heard.”

Yesterday’s order follows a petition Griffin filed directly with the state Supreme Court seeking to disqualify more than 60,000 votes – a move that Riggs and Democrats have continually called an effort to massively disenfranchise voters of the right to vote.

The North Carolina State Board of Elections and Riggs had removed the case to federal court, arguing that Griffin’s post hoc request to change the state’s voting rules once votes have already been cast and counted would implicate the rights of North Carolinians under federal law and the U.S. Constitution. . But a Trump-appointed judge sent the case back to the state’s highest court, prompting the court to appeal to the 4th U.S. Circuit Court of Appeals.

For now, it remains unclear whether the 4th Circuit will still hear arguments regarding the commission’s appeal to keep the case in federal court, which is scheduled to take place Monday. In a notice to the 4th Circuit on Thursday, Riggs urged the court to allow oral argument to proceed as scheduled.

In addition to filing directly with the North Carolina Supreme Court, Griffin in December filed three separate lawsuits challenging different categories of ballots in Wake County Superior Court. The state Supreme Court’s order Wednesday directed Wake County Superior Court to “proceed expeditiously” in the cases, which will likely be sent to the state’s highest court.

The election board also took these three cases to Federal Court, where they were consolidated into one lawsuit; However, the same federal judge presiding over Griffin’s other trial sent that trio of cases back to state court. Once again, the commission appealed the judge’s remand order to the 4th Circuit, but oral argument has not yet been scheduled.

As Griffin’s challenges become increasingly convoluted and lengthy, it is not yet clear which court will have the final say and when.

Read the North Carolina Supreme Court’s order here.

Learn more about the cases in Wake County Superior Court here.