Republican asks NC Supreme Court to toss 60,000 questionable ballots in judicial race still too close to call

The Republican challenger in a race for a seat on the North Carolina Supreme Court has asked that same court to toss tens of thousands of ballots he believes should not have counted.

On Wednesday, Judge Jefferson Griffin, who currently sits on the North Carolina Court of Appeals, filed a brief asking the state supreme court to invalidate an astonishing 60,000 votes.

Griffin contends that those ballots were cast by ineligible voters. They include: those who failed to provide a driver's license number or full Social Security number when registering to vote, those reportedly born of American parents but who have never lived in the U.S., and military and other overseas voters who failed to include a copy of their photo ID with their ballot.

Despite recounts, Griffin still trails incumbent Democratic Justice Allison Riggs by fewer than 750 votes. For context, 5.5 million ballots were cast in North Carolina in the November election. Though Riggs has declared victory and called on Griffin to concede, the AP has yet to call the race.

'In the 2024 general election, the Board’s errors changed the outcome of the election for the open seat on this Court.'

The state elections board, made up of three Democrats and two Republicans, voted last week to dismiss Griffin's protest, ruling that no election irregularities appear to have occurred and no laws appear to have been broken. However, the board stopped short of declaring Riggs the winner, the News & Observer reported.

At the protest hearing, board Chair Alan Hirsch claimed that Griffin's request to disqualify ballots cast by registered voters "is anathema to the democratic system and simply cannot be tolerated."

Now, Griffin is pleading his case with the court he hopes to join.

"The state [elections] board is an administrative agency that has knowingly broken the law and refused to do anything about it," Griffin wrote in the supreme court filing. "Indeed, the Board has been breaking our election law for decades. This lawlessness was brought to the Board’s attention back in 2023, before the 2024 general election, but the Board refused to correct its errors. Now those chickens have come home to roost."

"In the 2024 general election, the Board’s errors changed the outcome of the election for the open seat on this Court."

Griffin is asking the court to refuse to allow Riggs to be certified as the winner and to suspend the 10-day deadline for him to file an appeal in Wake County. He has asked the court to rule on his case by Monday.

"The State Board of Elections has not been fair or transparent, and it is by their actions alone we have no other choice than to take this step," said a statement from North Carolina Republican Party Chairman Jason Simmons, according to WRAL. "Judge Griffin has led efforts to seek accountability and restore integrity while the state board has been dragging its feet and ignoring the law."

Though Riggs is a current member, the North Carolina Supreme Court may be more amenable to Griffin's arguments than the elections board. For one thing, Republican justices enjoy a strong 5-2 majority on the supreme court. Moreover, the state Democratic Party already sued in federal court last month to prevent the state's highest court from intervening in this election, fearing that it would side with Griffin and perhaps overturn Riggs' apparent victory.

"Griffin has refused to face reality and admit that he lost the Supreme Court race to Justice Allison Riggs," said a statement from Anderson Clayton, the chairwoman of the North Carolina Democratic Party. "Instead, he has wasted taxpayer dollars, tried to toss out the ballots of over 60,000 North Carolinians, and attempted to find any way to overturn the will of the people."

A spokesperson for Riggs did not respond to WRAL's request for comment.

According to the outlet, the appeals process could draw this election out for weeks or even months. It is unclear whether Riggs will remain on the court should the process continue beyond the end of her term, which is set to expire in January.

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