Key arguments denied in ballots challenge for NC Supreme Court election: Griffin vs Riggs
WAKE COUNTY, N.C. (WTVD) -- The race for a seat on the North Carolina Supreme Court continues to play out in court. It's been three months and the race hasn't been certified yet.
A ruling in the latest battle in court appears to tilt in favor of the candidate that holds a narrow lead--Democratic Associate Justice Allison Riggs.
A judge on Friday upheld decisions by election officials to reject protests by the trailing candidate in a very close state Supreme Court election who wants tens of thousands of contested ballots removed from the race tallies.
In three one-page orders, Superior Court Judge William Pittman affirmed the December rulings of the State Board of Elections. Democratic Associate Justice Allison Riggs maintains a 734-vote lead over Republican rival Jefferson Griffin after more than 5.5 million ballots were cast and two recounts.
Pittman entered the orders only a few hours after listening to arguments by lawyers for Riggs, Griffin and the State Board of Elections. The hearing marked another step through a legal jumble on the outcome of the race, which is one of but a few unresolved nationwide from the Nov. 5 elections.
Griffin, himself a state Court of Appeals judge, filed after the election written protests that challenged more than 65,000 ballots cast in the race. The state board dismissed those protests in December.
Griffin's attorneys argue the board didn't follow state laws or the state constitution when three categories of voters were included in the race tallies. They want the board's decision reversed and the ballots excluded - a move that they say would have Griffin overtake Riggs in the race. Lawyers for Riggs and the state board wanted the board decisions upheld.
Pittman's nearly identical orders lacked many details.
"The Court concludes as a matter of law that the Board's decision was not in violation of constitutional provisions, was not in excess of statutory authority or jurisdiction of the agency, was made upon lawful procedure, and was not affected by other error of law," Pittman wrote in one order.
Griffin's protests have ultimately led to litigation in both state and federal court systems.
The focus pivoted to state court earlier this week when a panel of the 4th U.S. Circuit Court of Appeals said Griffin's pleas should be heard in state court because the legal parties' lawyers "advance diametrically opposed interpretations" of North Carolina law that are the subject of Griffin's challenges.
Riggs said late Friday that Pittman's decisions "are a victory for North Carolina voters and the rule of law."
After Pittman's rulings, the case is likely to reach the state Supreme Court. With Riggs recusing herself from case deliberations, five of the six remaining justices are registered Republicans. Tuesday's 4th Circuit opinion, however, said that Riggs can return to federal court to plead her case on federal elections and voting rights laws should state court action favor Griffin.
Riggs' supporters, including top Democrats and voters targeted by Griffin's protests, have said Griffin's effort to overturn the result in the ninth-largest state by disenfranchising eligible voters is an outrageous attack on free elections.
"The North Carolina courts have the power to protect democracy and the rights of the voters of this state," Riggs' attorney Ray Bennett told Pittman earlier Friday. "North Carolina law also flatly rejects what Judge Griffin is trying to do here."
Most of the disputed ballots - about 60,000 - were cast by voters whose registration records lacked either a driver's license number or the last four digits of a Social Security number. A state law directed election officials to collect them in 2004. Griffin's attorneys contend the registrations are incomplete and blame the state board for registration forms that for years didn't specifically require one of these numbers.
Targeted Voters Respond
Audrey Meigs cast her ballot during early voting in Durham County and said she had no issues with the process.
"At first, frankly, I thought it was a scam. I got a letter from the NCGOP with just one line of text saying that my vote may have been impacted in one of the races in the 2024 election," said Meigs, when learning that the validity of her ballot was being challenged.
Meigs reached out to the Durham County Board of Elections to gain clarity on what, if anything, needed to be done to address the issue.
"A staffer said that I had provided the last four digits of my Social Security number and that there was no action to be taken. I had done everything right and it was most likely a database system issue," said Meigs.
Meigs, who works as a Senior Policy and Advocacy Coordinator for North Carolina Asian Americans Together, joined a group of people supporting Riggs in downtown Raleigh Friday, speaking out against Griffin's challenges.
"It's quite concerning to think that a political candidate who is running for a seat in our justice system is trying to retroactively throw out thousands and thousands of eligible votes in which he has found no evidence that any voter fraud occurred, any invalid I.D. was presented. It's frankly ridiculous, and it's scary because it does set a precedent for future elections where candidates, if they are not happy with the results, can just go to the courts that side with them and throw out eligible voters," Meigs said.
Jefferson Griffin Supporters
A block away, a smaller group gathered to show support for Griffin, including NCGOP Chairman Jason Simmons.
"It goes back to making sure that the individuals that are allowed to vote are able to vote. And if there are individual laws that should not be on the voter rolls or not able to participate in our elections, that dilutes the votes of those that should," said Simmons in an interview with ABC 11 at the NCGOP Headquarters.
Simmons dismissed claims by Riggs' attorneys that the contested ballots were cherry-picked from Democratic-majority counties.
"We went where the data went. In this particular case that we've outlined on these three issues, when we pull the data that's where the data led," said Simmons.
Further, he asserted these were issues that the party attempted to flag prior to the election.
"The other issues are overseas individuals who have voted in North Carolina elections that we believe have no standing to be voting in North Carolina. They don't have residency here. They don't have a voter I.D. or an I.D. that is tied to North Carolina. They don't pay taxes here. These are individuals that we would dispute have claims to be able to vote here in North Carolina, as well as individuals that may have voted in North Carolina from overseas that didn't provide a voter ID. The State Constitution has been very clear. You have to be able to provide an I.D. with your voter form. If anybody votes absentee across this state, they would have been able to also provide their driver's license or some form of I.D. in addition, and these individuals did not," said Simmons.
Parties Weigh-In After Ruling
In a statement following the ruling, the NCGOP wrote:
"We are confident this decision will be appealed and we will continue to support Judge Griffin in his pursuit of election integrity."
In a statement following the ruling, NCDP Chair Anderson Clayton wrote:
"Justice Allison Riggs won her election. It was confirmed by one recount - and then another. Today, the Wake County Superior Court reaffirmed that her victory should stand. Jefferson Griffin: how many people need to tell you that you have lost? Let this be the final nail in the coffin of your campaign. Concede today."
NC Board of Elections
ABC 11 reached out to the State Board of Elections to learn what, if any impact, there could be to other races should these ballots ultimately be deemed as invalid.
In a statement, Patrick Gannon, the Public Information Officer for the State Board of Elections wrote:
"The State Board of Elections and the courts considering post-election litigation in North Carolina have routinely interpreted the law to be that once a certificate of election is issued for a contest, it is final. We cannot predict what the courts will do, however."
When asked about this prospect, Simmons said this would be the only race affected, as others have already been certified.
Lawyers for Riggs and the board argued there are many legitimate reasons why the numbers are missing and that the voters are still registered legitimately. An affidavit from a board lawyer filed in court this week said that about half of the 60,000 registrants being challenged actually did provide a number.
Other votes being challenged were cast by hundreds of overseas voters who have never lived in the U.S., and by thousands of military or overseas voters who did not provide copies of photo identification with their ballots.
"The legislature never intended to exempt overseas voters from providing photo ID, and it makes sense for the legislature to have imposed photo ID on everyone voting in the state," Griffin attorney Troy Shelton said. Attorneys for the board and Riggs say state and federal law doesn't require these military and overseas voters to provide ID copies.
Griffin and Riggs both attended Friday's hearing. A news conference assembled by civil rights groups on the courthouse steps after the hearing included several voters on Griffin's protest lists.
"No one should be turning a blind eye to this, because at any moment it could be your vote, your candidate, your values that are on the line," Guilford County voter Rachel Arnold said.
