Ongoing Battle for a North Carolina Supreme Court Seat
The race for a seat on the North Carolina Supreme Court remains unresolved, even as the 2024 general election has largely come to a close across the country. Democratic incumbent Associate Justice Allison Riggs currently holds a narrow lead of 734 votes over Republican challenger Jefferson Griffin, with more than 5.5 million ballots cast in the contest. While the Associated Press has declared winners in over 4,400 races nationwide, this particular election stands as the only undecided race at the national level. The unresolved nature of the contest has set off a chain of legal challenges and protests, with both candidates and their teams fighting to ensure their votes are counted and their voices heard.
The Legal Challenges and Protests
At the heart of the dispute are over 65,000 early or absentee ballots that Griffin’s legal team has challenged. These ballots, according to Griffin’s lawyers, should be excluded from the final tally due to alleged violations of state law or the state constitution. The challenges primarily focus on ballots cast by voters whose registration records lack a driver’s license number or the last four digits of a Social Security number. Additionally, Griffin’s team has raised questions about ballots cast by overseas voters who have never lived in the U.S. and military or overseas voters who did not provide copies of photo identification with their ballots.
The State Board of Elections dismissed Griffin’s initial protests in December, and a trial judge upheld that decision in January. However, Griffin has since appealed to the North Carolina Court of Appeals, where a three-judge panel is set to hear arguments on March 21. Riggs’ legal team has argued that the case should be heard “en banc,” meaning by the full Court of Appeals, in part to save time, as any decision by the three-judge panel could still be appealed to the full court. Griffin’s attorneys, on the other hand, have defended the decision to have the case reviewed by a smaller panel first, arguing that it is necessary to thoroughly examine the more than 30 legal issues presented in the protests.
The Court of Appeals and the Road Ahead
The Court of Appeals, which has 15 judges, has already begun to navigate the complexities of this case. Griffin, who is himself a judge on the Court of Appeals, has recused himself from deliberations in the matter. On Friday, the court denied Riggs’ request for an initial “en banc” review, with only three judges agreeing to her motion. The court also revealed the identities of the three judges who will hear the case: John Tyson and Fred Gore, both registered Republicans, and Toby Hampson, a registered Democrat.
Whatever the outcome of the Court of Appeals’ ruling, the case is likely to make its way to the North Carolina Supreme Court. Riggs has already recused herself from the case, leaving a court with five registered Republicans and one registered Democrat to potentially decide the outcome. The state Supreme Court has previously rejected efforts to rule on the challenged ballots before the election protest appeals go through the lower courts. If the Court of Appeals’ decision results in the removal of enough ballots to flip the race in Griffin’s favor, Riggs has been assured by a federal appeals court that she can return to federal court to challenge any decisions regarding federal elections and voting rights laws.
The Impact on Voters and the Political Landscape
The ongoing legal battle has significant implications for voters across North Carolina. Many of the challenged ballots were cast by individuals whose votes could potentially be removed from the tally if Griffin’s arguments prevail. Riggs’ allies have organized rallies across the state, calling on Griffin to concede and emphasizing the importance of ensuring that every lawful vote is counted. At these rallies, speakers have included voters whose ballots could be invalidated if Griffin’s legal challenges are successful, highlighting the human cost of the ongoing dispute.
The political stakes are also high, with the outcome of the race having the potential to shift the balance of power on the North Carolina Supreme Court. The court, which currently has a Republican majority, has already shown a willingness to engage with the case, even as it navigates the complexities of election protests and appeals. The eventual decision could have far-reaching consequences for the state’s legal landscape, shaping everything from voting rights to the interpretation of state laws.
The Broader Implications of the Race
The unresolved North Carolina Supreme Court race has drawn attention from across the country, as it represents one of the remaining undecided contests from the 2024 general election. The legal challenges and protests surrounding the race have highlighted ongoing debates about election integrity, voter access, and the role of the courts in resolving electoral disputes. As the case moves through the legal system, it serves as a reminder of the importance of every vote and the lengths to which candidates and their supporters will go to ensure their voices are heard.
The race also underscores the growing polarization of American politics, as both sides have dug in their heels, with Griffin’s legal team arguing that the challenged ballots are unlawful and Riggs’ team insisting that they were cast lawfully. The outcome of the race could have significant implications for the state’s judicial branch, as well as for future elections in North Carolina and beyond. As the legal battle continues, all eyes will remain on the Tar Heel State, where the fight for a seat on the Supreme Court remains as contentious as ever.
