Federal Ruling Impacts Last Unresolved Election in 2024

A federal judge has mandated the North Carolina Board of Elections to implement a state Supreme Court ruling concerning the only undecided election in the nation as the 2024 general election approaches.

Background of the Case

The North Carolina Supreme Court issued a pivotal decision on Friday that partially overrules a previous ruling by a panel from the Court of Appeals. This earlier ruling favored Republican candidate Jefferson Griffin in his contentious race against Democratic Associate Justice Allison Riggs. Griffin finds himself trailing by a mere 734 votes after more than 5.5 million ballots were cast in the election for a seat on the state’s highest court. Griffin formally contested over 65,000 ballots, raising concerns about their legitimacy.

Challenged Voter Categories

Among the largest groups of challenged ballots, approximately 60,000 were submitted by individuals who registered to vote in 2004. However, their voter registration records lack either a driver’s license number or the last four digits of their Social Security number.

The North Carolina Supreme Court’s opinion stated that the prior Court of Appeals ruling erred in declaring these ballots invalid. According to the Court, the State Board of Elections bears responsibility for not collecting these essential identifiers over the years, rather than the voters themselves. Ultimately, these individuals demonstrated their identities by adhering to the newly instituted photo ID laws. Historical legal precedent dictates that mistakes made by election officials should not lead to valid votes being disregarded.

The State Board of Elections’ Response

On Monday, the State Board of Elections released a statement indicating that it would provide detailed guidance to the affected counties and voters as soon as possible, ensuring compliance with the Supreme Court’s decision.

The Supreme Court ruled that voters whose registration forms lacked a driver’s license number or Social Security details no longer need to provide this information to their county election boards. This decision directly impacts the largest group of voters challenged by Griffin’s protests, allowing them to see their votes counted in the upcoming general election.

Remaining Controversies

However, a majority of justices, all registered Republicans, upheld a lower court’s ruling that additional ballots from two other categories that Griffin questioned should remain excluded from the tally. This group potentially includes thousands of voters serving in the military or residing overseas, who must still submit photo identification or an ID exemption form for their votes to be counted in this critical race.

Additionally, the Supreme Court decided to exclude votes cast by individuals who have never resided in North Carolina or the United States. This ruling has stirred significant debate about voter eligibility and the integrity of the electoral process.

Future Implications

The state board of elections reiterated that military and overseas voters who submitted absentee ballots must provide appropriate identification or forms to ensure their votes count. Furthermore, certain county boards must identify and remove from the count the votes cast by U.S. citizens who have never lived in the country, a decision that continues to garner attention.

In previous statements, Riggs and the State Board had indicated their willingness to return to federal court if they needed to challenge the decisions made by the justices regarding Griffin’s protests, emphasizing concerns over potential violations of federal election and voting rights laws. On Friday, Riggs’ legal team sought an injunction from a U.S. District Court judge in Raleigh to prevent the state appeals court decisions from taking effect immediately.

The Judicial Ruling

U.S. Chief District Judge Richard Myers, appointed by former President Donald Trump, ordered the state board to adhere to the Supreme Court’s plan to resolve the election dispute. Myers set an April 15 deadline for the state board to report on the scope of its remedial actions, including the number of voters affected and the counties where these ballots were cast.

The judge instructed both parties to submit opening briefs by April 20 and final briefs by April 28. Myers additionally ordered the state Supreme Court to withhold certification of the election results until further notice, leaving uncertainty about whether the outstanding ballots could alter the election outcome in favor of Griffin, who currently serves as a judge on the Court of Appeals.