'Bloodless Coup': NC Supreme Court Partially Upholds GOP Vote-Tossing Effort
"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," one dissenting justice said.
In what North Carolina Gov. Josh Stein called a "dark day" for the state, the North Carolina Supreme Court on Friday delivered a partial victory to Republican Judge Jefferson Griffin, who is challenging some 65,000 votes in his bid to overturn the narrow win of his Democratic opponent and incumbent state Supreme Court Justice Allison Riggs.
The Supreme Court, ruling 4-2, partially overturned an appeals court decision earlier this month that gave all the challenged voters 15 days to affirm their identities. Instead, the state's highest court ruled that around 60,000 ballots with registration inconsistencies would not be challenged, but approximately 5,000 overseas or military voters would have to verify their identities within 30 days. Riggs said she would challenge the ruling in federal court, and asked the court to temporarily block the order.
"I'm the proud daughter of a 30-year military veteran who was deployed overseas, and it is unacceptable that the court is choosing to selectively disenfranchise North Carolinians serving our country, here and overseas," Riggs said in a statement. "While I'm gratified to see the Court of Appeals reversed on the erroneous decision to potentially disenfranchise the more than 60,000 North Carolinians whose registration my opponent has recklessly challenged, I will not waiver in my fight to protect the fundamental freedoms for which our military service members and their families have sacrificed so much."
"This shocking decision abandons the judiciary's most basic role, to protect the rights of the people, and sanctions an outright attempt to steal an election."
Riggs won the November contest to remain on the state Supreme Court by 734 votes, but Griffin has challenged several thousand votes, predominantly on two grounds: Around 60,000 of the challenged votes are from in-state voters whose driver's license or social security numbers were missing from a state database of registered voters, while another approximately 2,000 to 7,000 are overseas or military voters who did not show ID when voting absentee. A significant number of the votes he challenged belonged to people living in Democratic-leaning counties.
The state Supreme Court on Friday ruled that the 60,000 in-state voters should not be challenged because their rights should not be denied due to “mistakes made by negligent election officials in registering citizens who are otherwise eligible to vote," as The New York Times reported.
However, the court allowed the challenge to the overseas votes to stand, even though overseas voters have never before been required to show ID since a state-voter ID law went into effect.
"Republicans are surgically targeting military voters from six counties and forcing them to re-prove themselves or be disenfranchised," Anderson Clayton, the chairwoman of the North Carolina Democratic Party, said in a statement reported by the Times.
Finally, the court also allowed the votes of nearly 300 voters who had never lived in North Carolina—often the children of North Carolina residents who turned 18 while living abroad—to be tossed.
If the state Supreme Court's ruling stands and the military and overseas votes are rejected, Griffin has said he expects it will be enough to tip the election in his favor, WRAL Newsreported.
The two dissenting justices vehemently condemned the majority decision.
"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," Democratic Justice Anita Earls wrote. "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."
Justice Richard Dietz, a Republican, broke with his party and agreed that the court should not alter election laws after the fact. He also criticized his colleagues for not hearing arguments before making their decision.
"By every measure, this is the most impactful election-related court decision our state has seen in decades," Dietz wrote. "It cries out for our full review and for a decisive rejection of this sort of post hoc judicial tampering in election results."
State and national Democratic Party leaders also spoke out against the court's decision.
"Today is a dark day for our courts and our state," North Carolina Gov. Josh Stein wrote on social media. "The North Carolina Supreme Court ruled that certain active duty military voters serving our nation must jump through hoops that other voters don't. All voters have a constitutional right to be treated equally under the law—it is foundational to our democracy. It's unconscionable, and this decision cannot stand."
Former Attorney General Eric Holder called the ruling "both a disgrace and legacy defining for those who put their names behind it."
"This shocking decision abandons the judiciary's most basic role, to protect the rights of the people, and sanctions an outright attempt to steal an election," he said in a statement. "The North Carolina Supreme Court's Republican majority has, for naked partisan reasons, cherrypicked whose votes count and whose do not. It is the height of political arrogance to tell military members who serve and sacrifice for our country, and other voters, that their votes and those of their family members are questionable."
Democratic National Committee (DNC) Chair Ken Martin said: "Jefferson Griffin doesn't get to pick and choose whose votes count in an election—no politician does. 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," Martin continued. "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."
