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Federal judge sends Republican challenge of 60,000 ballots back to North Carolina Supreme Court

Kyle Ingram, The Charlotte Observer on

Published in News & Features

RALEIGH, N.C. — In a case that seeks to invalidate over 60,000 ballots cast in North Carolina’s Supreme Court election, a federal judge ruled that the state’s Republican-dominated high court should decide, instead of him.

On Monday, U.S. District Judge Richard Myers, an appointee of President-elect Donald Trump, sent GOP candidate Jefferson Griffin’s lawsuit challenging his apparent loss in the November election back to the state Supreme Court.

“Should a federal tribunal resolve such a dispute?” Myers wrote. “This court, with due regard for state sovereignty and the independence of states to decide matters of substantial public concern, thinks not.”

Griffin trails Democratic incumbent Allison Riggs by 734 votes following two recounts of the results. But he and the state Republican Party have challenged tens of thousands of votes, arguing that they were cast by ineligible voters.

Myers’ decision is a win for Griffin, who has asked the state Supreme Court to block the state from certifying the election results while it takes up his challenge.

The court is currently composed of five Republicans and two Democrats — including Riggs, who has recused herself from the matter.

Absent an injunction, the State Board of Elections could certify Riggs as the winner as early as Jan. 10.

How did it get here?

While Griffin initially led Riggs by about 10,000 votes on Election Night, the race flipped in her favor after outstanding provisional and absentee ballots were counted.

Griffin then filed a series of sweeping election protests which sought to invalidate over 60,000 ballots cast in the race for a variety of reasons.

 

The vast list of challenged voters ensnared people from assistants to state lawmakers to Riggs’ own parents.

A News & Observer analysis of the challenges found that Black voters were twice as likely to have their votes challenged as white voters.

The challenge that affected the largest number of voters was Griffin’s argument that voters who did not have a driver’s license number or Social Security number on file should not have been allowed to vote.

State election officials say there are myriad reasons a voter may not have those numbers in the database — many of which are no fault of their own. But Griffin argued it could lead to ineligible voters being able to cast a ballot.

The State Board of Elections disagreed. In mostly party-line votes last month, the board, which has a 3 to 2 Democratic majority, dismissed all of his protests.

Griffin then appealed their ruling to the state Supreme Court, but the case was quickly moved to federal court.

With Myers’ decision Monday, the case now returns to the state.

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©2025 The Charlotte Observer. Visit charlotteobserver.com. Distributed by Tribune Content Agency, LLC.

 

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