RALEIGH, N.C. (WTVD) -- The Fourth Circuit Court of Appeals heard arguments in the ongoing legal battle surrounding the results of the North Carolina Supreme Court election between Republican Jefferson Griffin and Democrat Allison Riggs on Monday afternoon.
Earlier this month, the State Supreme Court blocked certification of the race, in which Riggs holds a 734-vote lead. To this point, two recounts have shown Riggs won more votes, and the State Board of Elections dismissed Griffin's election protests.
Griffin's challenge centers around more than 65,000 ballots that he contends should not be counted for various reasons, including improper registration to identification, including for overseas voters.
"If you're talking about photo ID not being shown when that's clearly voted on by the people and in state law, that is one thing that has to be done. In this case, it wasn't. If you're talking about folks who have never stepped foot in North Carolina, they've never lived in North Carolina, but they're able to vote in North Carolina elections, that is unconstitutional. And if you're talking about some incomplete registrations, that is a long-term failure from the state board to collect that information," said NCGOP Communications Director Matt Mercer.
The NCGOP is supporting Griffin's legal challenges, which Mercer believes is part of a broader issue of election integrity.
"When you have this lack of uniformity and questions that arise about why these ballots have been counted, again, through no fault of the voters, but really it's the long-term failure of the State Board (of Elections) to do this process correctly," said Mercer.
Monday afternoon's proceedings lasted about 90 minutes and came days after the State Supreme Court dismissed Griffin's request to issue an expedited ruling. However, the State Supreme Court's ruling revolved around procedure, saying it should have originated at a lower court, and did not focus on the merits of Griffin's challenge. Riggs, who currently is on the State Supreme Court, has recused herself from the case.
"This case became moot on Wednesday evening when the North Carolina Supreme Court dismissed the petition for a writ of prohibition," said Will Thompson, an attorney representing Griffin.
Monday's hearing centered on what is the proper venue for the legal challenge: federal or state court.
"Judge Griffin's extraordinary request to retroactively change longstanding election rules, and thereby disenfranchising more than 60,000 North Carolina voters should confront the federal Civil Rights law in a federal forum as Congress intended," said Nick Brod, who works with the North Carolina Department of Justice and argued on behalf of the State Board of Elections.
Democratic leadership has held several events since the election, working to highlight the stories of voters whose ballots are now being challenged. Monday morning, a group participated in a press conference outside the Old Capitol in downtown Raleigh, joining North Carolina Democratic Party Chair Anderson Clayton and Congresswoman Deborah Ross.
"These actions are not befitting of a sitting judge. They're actions of a sore loser. We're hopeful that the federal courts today will provide a swift resolution to this, and we know that the fastest resolution would be for Jefferson Griffin and Republicans to concede," said Clayton.
Carro Rose Eddings of Lee County, who ran for office this last cycle, believes the issue surrounding her vote revolves around how her name was spelled on her driver's license. However, she said the clerical issue had been addressed, and she showed her ID and was able to cast her ballot normally. An Air Force veteran, she took particular issue over military ballots that are part of the challenge.
"I can't imagine what somebody stationed in Afghanistan right now or somewhere else in the world who went through that to get that vote, to make that vote happen for themselves and to (have) it just not count," said Eddings.
Jacqueline Marx attended Monday's press conference on behalf of her daughter, who was born in China and is a naturalized US citizen. While the two voted in Carrboro at the same polling location during early voting, Marx learned a few weeks ago her daughter's ballot is now being challenged.
"I'm the mother of two naturalized immigrants and I'm the daughter of two naturalized immigrants. And I will be dipped in Carolina barbecue sauce before I see that my parents risked their lives and those of their families and fought for our country so that their grandchildren could lose their votes," said Marx.