The North Carolina Supreme Court election was held in November, but unlike all the other races held that day, it is still undecided more than four months later.
The race for a seat on the Tar Heel State’s high court has stretched far beyond the typical post-election timeline, into the third month of Gov. Josh Stein’s (D-NC) tenure, despite him being on the same ballot as the court race.
As a the battle for the seat continues in court, here is what to know about the uncalled election.
What happened?
Incumbent Democrat Allison Riggs and Republican Jefferson Griffin faced off in a race for a seat on the state Supreme Court during the Nov. 5, 2024, elections.
While Democrats nationwide had a bruising election by failing to win a majority in either chamber of Congress and losing the presidency, North Carolina Democrats saw key wins up and down the ballot despite losing the presidential contest in the state.
None of the statewide races were as close as the state Supreme Court election, which has a margin of just 734 votes, with the initial count showing Riggs prevailing over Griffin. Recounts kept the race from being certified alongside the other statewide contests, as Griffin fought to keep his chances of flipping the seat alive.
After two recounts, Griffin launched a challenge on roughly 60,000 ballots he claims were not cast legally, seeking to have those ballots thrown out of the final count. The challenge was thrown out by the Democrat-led State Board of Elections, which intended to certify the election for Riggs.
Griffin asked the state Supreme Court to block certification while he appealed the decision, a request the high court approved. The Republican‘s appeal to the Wake County Superior Court was rejected, but he is still appealing the matter to the state Court of Appeals.
When will the race be decided?
While there is no clear timeline for when Griffin’s challenge will be resolved, the state Supreme Court would be the final avenue where he could get resolution. The high court denied bypassing the state Court of Appeals in the appeals process, but has urged lower courts to “proceed expeditiously” with the case.
The case is currently making its way through the state Court of Appeals.
What has each side argued?
Griffin has argued that the roughly 60,000 votes were cast by people who did not have a driver’s license or Social Security number on their file or voted overseas but did not provide photo identification, in violation of the law. The challenge disputes the legality of the registration, rather than the legality of the person to vote, if properly registered.
Riggs has argued that throwing out these ballots would disenfranchise legal voters’ say in the election. She also contends that the appeals court should hear the case en banc, rather than by the usual three-judge panel.
What is at stake?
The balance of the high court is not at risk of changing with the election, but Republicans could further solidify their majority with a victory.
The high court, not counting Riggs’s seat, currently has a 5-1 Republican majority. A Riggs victory would keep the court at a 5-2 GOP advantage, while a Griffin victory would increase the Republican advantage to 6-1.
Another key issue at stake with the case is the ability to challenge votes that were cast by people who, while eligible to vote, did not fill out the proper paperwork to vote.
“No matter how long this drags out, I will continue to defend our state and federal Constitutions and North Carolinians’ fundamental freedoms. As constitutional officers, judges must respect the will of voters,” Riggs said in a statement last month.
NORTH CAROLINA SUPREME COURT DECLINES TO FAST-TRACK 2024 RACE CHALLENGE IN WIN FOR GOP
“My commitment to upholding the rule of law is why voters elected me to keep my seat more than 3 months ago,” she added.
The next scheduled Supreme Court election in the state will be in November 2026, when Democrat Anita Earls runs for another term.