(The Center Square) – Volleys of litigation involving the undecided North Carolina Supreme Court election between incumbent Democrat Allison Riggs and Republican challenger Jefferson Griffin landed a stay on the state level and an appeal on the federal.
The duel between Riggs and Griffin for Seat 6 on the state Supreme Court has reached a third month since Election Day. Griffin, state appellate court judge, has protested more than 60,000 ballots and the state board has dismissed all protests leaving Riggs in a 734-vote victory awaiting the election certificate of the state board.
The State Board of Elections is asking the 4th U.S. Circuit Court of Appeals in Richmond, Va., to block Monday’s remand of the case by U.S. Chief District Judge Richard Myers II back to the state Supreme Court. On Tuesday, that court – with Riggs recused – granted a motion for a temporary stay blocking the state board from giving a final certificate to the election and established Jan. 14, 21 and 24 for briefs and replies to be filed.
Justice Anita Earls, the only other Democrat, dissented saying the standard for a temporary stay had not been met. She also said, according to the order, “there is no likelihood of success on the merits.”
Chief Justice Paul Newby, and Associate Justices Phil Berger Jr., Tamara Barringer, Richard Dietz and Trey Allen – all Republicans – agreed for the temporary stay.
The order acknowledged the state board’s appeal on the federal level, and read in part, “this matter should be addressed expeditiously because it concerns certification of an election.”
Griffin has until noon Wednesday to respond at the 4th Circuit to the state board’s appeal.
In his filing to the state court, Griffin said the state board “has taken every step possible to prevent our state courts from deciding the state-law questions that Judge Griffin has raised. Judge Griffin anticipates the Board will continue to do so unless it is stopped. Not five hours after the remand order was entered on 6 January 2025, the Board had already filed a notice of appeal, and will no doubt seek to have this Court enjoined from proceeding, despite the unprecedented nature of the Board’s arguments.”
On Election Night, with 2,658 precincts reporting, Griffin led Riggs by 9,851 votes of 5,540,090 cast. Provisional and absentee ballots that qualified were added to the totals since, swinging the race by 10,585 votes.
It was Dec. 11 when the protests under state board jurisdiction were handled. The remainder handled by counties and given to the state board for approval were also dismissed at a meeting Dec. 20.
The state board pattern in the matter has been for the three Democrats – Jeff Carmon, Siobhan Millen and Chairman Alan Hirsch – to vote in a way that favors Riggs and Republicans Kevin Lewis and Stacy Eggers to vote in a way that favors Griffin. The board’s majority was set by which major party occupies the governor’s office.
Through legislation already in litigation, that appointment power – and oversight of elections previously under the scope of the secretary of state – has been shifted to the state auditor. Republican Dave Boliek won that election on Nov. 5. The change takes effect in the spring for the next election cycle.
