GOP Legal Challenge to North Carolina Supreme Court Election

North Carolina --  The 2024 North Carolina Supreme Court election, one of the closest judicial races in the state’s history, remains mired in controversy months after Election Day.

Democratic incumbent Justice Allison Riggs secured victory by a narrow margin of 734 votes over Republican challenger Judge Jefferson Griffin, with more than 5.5 million ballots cast. Despite two recounts confirming Riggs’ win, Griffin has launched a legal challenge attempting to invalidate tens of thousands of ballots.

At the heart of Griffin’s lawsuit are approximately 65,000 ballots he claims should be disqualified. His legal team’s arguments hinge on three main categories: ballots from voters with incomplete voter registration information, ballots from overseas voters who have never resided in the United States but are eligible due to their parents’ North Carolina residency, and ballots from military or overseas voters who did not include photo identification.

During oral arguments before the North Carolina Court of Appeals on March 21, 2025, Griffin’s attorney, Craig Schauer, delivered one of the most controversial statements: “Now the right to vote is not absolute. The North Carolina Supreme Court and the U.S. Supreme Court made clear that the right to vote is subject to the state's need to protect the integrity of the elections.” This statement became a focal point for criticism, with many seeing it as an attempt to justify mass voter disqualification.

Nicholas Brod, an attorney for the North Carolina State Board of Elections, countered strongly, arguing that voters should not be punished for mistakes made by election officials. “From the voters’ perspective, they did everything that they were asked to do in order to cast a ballot,” he said. Brod emphasized that there’s “a mountain of state Supreme Court precedent that says over and over again that it would be fundamentally unfair to punish voters for errors that election officials make.”

Raymond Bennett, representing Justice Riggs, also spoke to the court, highlighting the longstanding principles of election fairness. “For more than 200 years, elections have proceeded in this country under a principle so basic that it is known on every elementary school playground: You cannot change the rules after the game has been played,” he said. “If you lose, you accept defeat graciously.”

The State Board of Elections, composed of three Democrats and two Republicans, dismissed Griffin’s protest in December 2024, and a trial court upheld this decision in February 2025. The case is now before a three-judge appellate panel, which has yet to issue a ruling.

Griffin's move to void the election, according to critics, creates a risky precedent that might erode public trust in elections and judicial independence.  Thousands of North Carolina voters' rights and the integrity of the legal system are at risk from further litigation, according to a bipartisan coalition of more than 200 jurists, state representatives, lawyers, and legal educators who have pushed Griffin to give in.

This action reflects other recent legal challenges in North Carolina, such as one filed by the Republican National Committee contesting over 225,000 voter registrations statewide and another contesting votes cast with incomplete registration information.  These initiatives reflect a larger movement to restrict voter eligibility requirements in a manner that deters lawful participation, according to critics.
As the court deliberates, the outcome of Griffin’s challenge could have profound implications for election law in North Carolina and across the country. It raises fundamental questions about how far states can go in restricting ballot access under the guise of election security and how courts will balance enforcement of election laws with the protection of voters’ rights.

The decision is expected in the coming weeks and could shape the future of election disputes not only in North Carolina but nationwide.

WNCTimes

Sources:

AP News

Common Cause North Carolina

NC Newsline

Carolina Journal

Image: WNCTimes