In NC Supreme Court race, Griffin’s bid to toss ballots faces setback, intends to appeal

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In NC Supreme Court race, Griffin’s bid to toss ballots faces setback, intends to appeal

A Wake County Superior Court judge has ruled against Jefferson Griffin’s bid to toss more than 65,000 ballots in the contested race for a seat on the North Carolina Supreme Court.

The Feb. 7 ruling is the latest legal setback for Griffin, a Republican, who’s attempting to overcome a 734-vote deficit against Democratic opponent, sitting state Supreme Court Justice Allison Riggs.

The battle for the seat made it the only undecided race from the November 2024 general election.

Democratic North Carolina Supreme Court Justice Allison Riggs holds a 734-vote lead (out of more than 5.5 million ballots cast) over Republican Court of Appeals Judge Jefferson Griffin after the 2024 election. In an order on Jan. 7, 2025, the state Supreme Court wrote that because the federal court remanded Griffin’s appeals case back to the state level, it would grant Griffin’s request for the election’s certification to be blocked so it could evaluate the claims regarding 60,000 votes.

Two recounts have confirmed Riggs’ narrow margin of victory. Still, Griffin has yet to concede, more than three months after the election. Instead, he’s turned to the courts, where he’s alleging multiple ballot irregularities, like incomplete voter registrations, that he claims violate state law and cost him the election.

Griffin filed suit against the N.C. Board of Elections after the state board dismissed Griffin’s complaints, citing lack of evidence.

In his Feb. 7 ruling, Judge William Pittman backed the state board, writing that its 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.”

In a Feb. 7 statement, Riggs said, “Today’s decisions denying Judge Griffin’s challenges of more than 65,000 ballots are a victory for North Carolina voters and the rule of law.”

“Voters decide elections, and I remain committed to seeing this fight through and upholding North Carolinians’ constitutional freedoms,” she said.

Locally, Griffin is challenging the ballots of more than 2,500 Buncombe County voters. In Henderson County, Griffin is challenging more than 300.

Griffin is also attempting to disqualify more than 5,000 military and overseas absentee ballots, which is how he voted in the 2019 and 2020 elections,

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. Griffin argues those votes shouldn’t be counted if photo identification wasn’t also included, even though the state board ruled, before the election, that photo ID was not required for these overseas ballots.

Despite the lower court’s ruling, the race is not over. Griffin filed a notice to appeal with the N.C. Court of Appeals on Feb. 12.

But the state board and Riggs are seeking an expedited ruling, filing a “bypass petition” so the case can head straight to the state Supreme Court, where Republicans hold a 5-2 majority, and where Riggs has recused herself. A split 3-3 decision by the state’s high court would mean Pittman’s ruling would stand.

“We’ve known this would be a long fight, and I remain committed to speaking up on behalf of the voters that Jefferson Griffin is seeking to disenfranchise,” Riggs said in a Feb. 12 statement. “As a constitutional officer, I swore an oath to defend our state and federal constitutions and the rule of law. I will continue to uphold my duty, including holding accountable any elected official who thwarts the will of voters.”

On Feb. 17, organizers are holding a rally at Pack Square Park in downtown Asheville from 12-2 p.m., protesting Griffin’s attempt to disqualify ballots. Similar rallies are planned for several other North Carolina cities.

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More: Election results: Latest totals, maps in North Carolina, Asheville races

Jacob Biba is the Helene recovery reporter at the Asheville Citizen Times, part of the USA TODAY Network. Email him at *****@*****.tld.

This article originally appeared on Asheville Citizen Times:

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