Dem to Appeal 'Deeply Misinformed Decision' Threatening Over 60,000 Voters in North Carolina

Allison Riggs, a Democratic associate justice on the North Carolina Supreme Court, vowed to continue a legal battle over her narrow November victory after a state appeals panel on Friday took a major step toward invalidating more than 60,000 votes.

Riggs' GOP challenger, Judge Jefferson Griffin, lost by 734 votes—but rather than conceding, he has sought to have select ballots thrown out. In Friday's 2-1 decision, Republican Judges Fred Gore and John Tyson gave the targeted citizens 15 days to provide documentation to election workers confirming their eligibility to vote. If they don't do so, their votes could be discarded.

"We will be promptly appealing this deeply misinformed decision that threatens to disenfranchise more than 65,000 lawful voters and sets a dangerous precedent, allowing disappointed politicians to thwart the will of the people," Riggs said in a statement.

"North Carolinians elected me to keep my seat, and I swore an oath to the Constitution and the rule of law—so I will continue to stand up for the rights of voters in this state and stand in the way of those who would take power from the people," she added.

Since Riggs has recused herself from the case, only six of the North Carolina Supreme Court's justices will hear her appeal, "raising the possibility of a 3-3 deadlock," The News & Observer reported Friday.

As the Raleigh newspaper detailed:

If that were to happen, the most recent ruling of a lower court prevails, which means Friday's decision from the Court of Appeals could stand.

Riggs has said that if she loses at the state court level, she intends to return the case to federal court.

Republicans already hold a 5 to 2 majority on the state Supreme Court. If Griffin ultimately wins his case and replaces Riggs, that majority will grow to 6 to 1, further complicating Democrats' hopes to retake control of the court in coming elections.

Although the court fight is far from over, Griffin spokesperson Paul Shumaker and North Carolina GOP Chair Jason Simmons cheered Friday's decision, from which Democratic Judge Toby Hampson dissented.

Hampson's dissent begins by pointing out that Griffin "has yet to identify a single voter—among the tens of thousands petitioner challenges in this appeal—who was, in fact, ineligible to vote in the 2024 general election under the statutes, rules, and regulations in place in November 2024 governing that election."

"Changing the rules by which these lawful voters took part in our electoral process after the election to discard their otherwise valid votes in an attempt to alter the outcome of only one race among many on the ballot is directly counter to law, equity, and the Constitution," Hampson argued.

Democratic leaders in North Carolina and beyond also blasted the majority's decision. State Democratic Party Chair Anderson Clayton said that "Judge Tyson and Gore put party affiliation above the rights of North Carolina voters" when they "legitimized Jefferson Griffin's unconstitutional challenge" to tens of thousands of legally cast votes.

North Carolina House of Representatives Minority Leader Robert Reives (D-54) declared: "We cannot mince words at this point: The North Carolina Republican Party is one step closer to stealing an election in broad daylight. Justice Allison Riggs won her election—full stop. Our democracy continues to be tested, but we cannot allow it to break."

Democratic National Committee Chair Ken Martin warned that "this partisan decision has no legal basis and is an all-out assault on our democracy and the basic premise that voters decide who wins their elections, not the courts. If upheld, this could allow politicians across the country to overturn the will of the people."

"North Carolinians chose Allison Riggs to be their North Carolina Supreme Court justice," Martin stressed. "They won't stand for Republicans trying to take their votes away or those of active duty North Carolina military. It's six months past time for Jefferson Griffin to concede this race that he lost."

Bob Phillips, executive director of the nonpartisan voting rights organization Common Cause North Carolina, was similarly engaged, saying: "Today's ruling is a disgrace. This poorly conceived decision is an extreme overreach and sides with a sore loser candidate over the citizens of our state. If allowed to stand, the ruling would inject chaos into North Carolina's elections in ways that could disenfranchise tens of thousands of lawful voters and invite similar challenges nationwide."

Phillips continued:

Let's be clear: these North Carolina voters did absolutely nothing wrong. They followed the rules and cast ballots that should count. To say otherwise now is an affront to the rule of law and our Constitution.

If Griffin gets his way, never again will the people of North Carolina be able to have confidence in the outcome of our elections. Instead, Griffin's reckless lawsuit will open the door to an endless stream of other sore loser candidates who will attempt to throw out enough votes until they can cheat their way into office.

This fight is not over. We are confident that the courts will ultimately see Griffin's ploy for what it is: an unconstitutional attack on our freedom to vote.

"The people of North Carolina will continue to protest against Griffin's outrageous attack on our rights," he added, "as we continue our work to protect our family members, friends, and neighbors who are targeted by Griffin's disgraceful scheme."