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Court ruling keeps Riggs-Griffin case alive another 30 days

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Republican state Appellate Court Judge Jefferson Griffin did not win, but he did not lose either…yet.

Last week’s 4-2 decision by the N.C. Supreme Court in the only ongoing and undecided November 2024 election case in the country, effectively protected more than 60,000 votes cast in the race for Justice Allison Riggs’ high court seat, but the decision also questioned the legitimacy of thousands of other votes that Judge Griffin challenged.

After the election, Griffin lost by 734 votes in two recounts, so he legally challenged the legitimacy of more than 60,000 votes, claiming that they were ineligible to be counted due to N.C. Board of Elections administrative errors.

A three-judge panel of N.C. Court of Appeals ultimately agreed, but the Republican-led N.C. Supreme Court stayed that order until it could review the case.

Subsequently, the state Supreme Court ruled that 60,000 plus votes cast by North Carolinians were legitimate, but the votes cast by North Carolina military personnel not living in the state, and North Carolinians not living here but voted by absentee ballot, will not be officially counted towards the final total until they prove their eligibility within 30 days.

Voters who have never lived in North Carolina or the United States, but have ties to the state through their parents, will not have their votes in the Riggs-Griffin race counted.

Justice Riggs, one of two Democrats on the seven-member state Supreme Court, recused herself from voting in the decision.

The result of that process could turn the tide in Democrat Justice Riggs’ 734-vote uncertified victory over Republican Griffin. If enough overseas and military voters cannot prove their eligibility, that might swing the winning margin over to Judge Griffin.

For their part, Justice Riggs, the national and North Carolina Democratic party, aren’t taking that possibility lying down.

Making a keynote address at North Carolina Central University’s School of Law on Saturday, Justice Riggs, referring to the thousands of overseas votes now in danger of being discounted from the 5.2 million counted in her race against Judge Griffin, vowed, “With every breath in my body, I will fight for them to make sure that their votes count.”

Justice Riggs continued, “We know that the voters who are at risk of having their fundamental freedoms disrespected are the people who put on a uniform and stand up and serve our country.”

Riggs has vowed to take her fight now to federal court.

Democrats both with the N.C. Democratic Party (NCDP) and the Democratic National Committee charge that what is happening in North Carolina now can and will be replicated by Republicans across the country in attempts to steal elections that have been already decided.

“North Carolina Democrats will be fighting this decision in federal court, and we will use every tool at our disposal to uphold the voters’ rights and the voters’ will. Justice Allison Riggs won her seat. She is the Justice North Carolina elected and the Justice North Carolina deserves,” the NCDP said in a statement.

“It is no small thing to overturn the results of an election in a democracy by throwing out ballots that were legally cast consistent with all election laws in effect on the day of the election. Some would call it stealing the election, others might call it a bloodless coup, but by whatever name, no amount of smoke and mirrors makes it legitimate,” said N.C. Associate Justice Anita Earls in her dissent.

“The men and women serving in our military will not allow their voices to be silenced by a desperate loser like Griffin. The nation is watching North Carolina. Meanwhile, the DNC and Democrats across this country stand ready to marshal resources and manpower to ensure every vote cast in this election is counted. The people’s voices will be heard and Justice Allison Riggs will take her rightful place on the North Carolina Supreme Court,” said DNC Chairman Ken Martin in a statement.

The N.C. Republican Party issued a statement praising the high court’s decision as bringing the nation “…one step closer to a conclusion ensuring every legal vote will be counted.”

 An analysis has shown that the ballots cast by Black voters in the Riggs-Griffin election were twice as likely to have been challenged than their White counterparts.