RALEIGH — A North Carolina appeals court sided Friday with the trailing candidate in a close state Supreme Court election from November, ruling that tens of thousands of ballots were wrongly allowed in the tally. But they offered some of the voters a way to have their ballot count.
The 2-1 opinion by a panel of the intermediate-level Court of Appeals could eventually put Republican candidate Jefferson Griffin ahead of Democratic Associate Justice Allison Riggs. She currently leads in their race by 734 votes from over 5.5 million ballots cast.
The judges on Friday found that the State Board of Elections got it wrong in December when it dismissed Griffin’s election protests. The ruling is expected to be appealed to the Supreme Court.
2-1 ruling in favor of Jefferson Griffin. Appeal to NC Supreme Court expected next. Tens of thousands of votes are at risk of not being counted. Allison Riggs' margin over Griffin was 734 https://t.co/VXmnfWidiQ
— Joe Bruno (@JoeBrunoWSOC9) April 4, 2025
While The Associated Press declared more than 4,400 winners in the 2024 general election, the state Supreme Court election is the only race that is still undecided.
Griffin’s post-election protests challenged over 65,000 ballots in three different categories. Griffin currently serves on the Court of Appeals and had recused himself from deliberations within the court, where his colleagues ruled in favor of him.
The prevailing opinion declares that the board should have found that ballots from within each of the categories shouldn’t be counted because they failed to comply with state law or the state constitution. The decision also reverses the decision of a trial judge who in February upheld the board’s actions.
“Free elections under ... the North Carolina Constitution include the right to an accurate counting of votes,” said the opinion backed by Judges John Tyson and Fred Gore, both registered Republicans. “Griffin has a legal right to inquire into this outcome through the statutorily-enacted and post-election procedures available to him.”
In two of those categories of challenged voters, the judges directed that the state board give voters in two of the categories three weeks to provide their missing information or photo identification. If the information is provided in time, then those ballots would still count, the opinion reads.
In the third category — involving overseas voters who have never lived in the U.S. — their ballots should not count, according to Tyson and Gore.
Statement from Justice Riggs:
“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.
“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.”
Statement from NCGOP:
“Today, the North Carolina Court of Appeals vindicated the election integrity protests of Judge Jefferson Griffin. This decision and order finally holds the N.C. State Board of Elections accountable for their actions and confirms every legal vote will be counted in this contest.
“For months, Judge Griffin and the NCGOP have endured baseless attacks and incendiary rhetoric in this matter. Throughout this time, our position has been consistent: when the debate is about the merits, Judge Griffin will prevail in his election integrity concerns.”
VIDEO: Judge to decide validity of 65K votes in North Carolina Supreme Court race
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