Federal judge orders NC Supreme Court election plan to proceed

US District Judge Richard Myers (Image from law.unc.edu)

A federal judge ordered the North Carolina State Board of Elections to follow a state Supreme Court plan to resolve a dispute over a state Supreme Court seat but blocked certification of the election results. Justice Allison Riggs, the Democratic incumbent, leads Republican Jefferson Griffin by 734 votes. Griffin challenged over 65,000 ballots, prompting legal battles.

The state Supreme Court unanimously rejected Griffin’s challenge to over 60,000 ballots due to incomplete voter registrations, citing election board negligence. However, it split 4-2 on two issues: discarding votes from non-residents (267 ballots) and giving overseas voters 30 days to provide photo ID (over 5,500 ballots). Federal Judge Richard Myers issued orders to proceed with this plan, set briefing deadlines (April 21-28), and required the board to report remedial efforts by April 15.

Riggs sought an injunction to block the state court’s ruling, arguing unfair retroactive changes. Dissenting Justice Anita Earls called the decision a “judicial coup,” citing selective challenges in Democratic counties and due process violations. Justice Richard Dietz also dissented, warning of post-election meddling. The case remains unresolved, with Riggs and Griffin still serving in their current roles.

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