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Tag Archives: NC Supreme Court

North Carolina justice sworn in after long battle over result

North Carolina justice sworn in after long battle over result

By GARY D. ROBERTSON Associated Press

RALEIGH, N.C. (AP) — North Carolina Supreme Court Justice Allison Riggs was sworn in to a new term on Tuesday after the Democrat won a monthslong fight against her Republican rival’s challenges to thousands of ballots.

The State Board of Elections earlier Tuesday issued an election certificate to Riggs based on the incumbent’s 734-vote victory over GOP candidate Jefferson Griffin from over 5.5 million ballots cast. The board was complying with a federal judge’s order last week against Griffin, who conceded rather than appeal.

The Associated Press declared over 4,800 winners in the 2024 general election, but the Supreme Court election was the last nationally that was undecided.

“Thank you for your trust and unwavering support,” Riggs told family and supporters after she was sworn in to an eight-year term in the old House chamber. “You chose a path forward where power stays in the hands of people, not politicians. You demanded accountability and used your voices to speak out for our constitutional rights.”

The victory builds Democratic hopes that they can take over the highest court in the ninth-largest state later this decade. Associate Justice Anita Earls — the other Democrat on the seven-member court — delivered the oath to Riggs and is seeking reelection in 2026. The conservative majority in place since early 2023 has issued opinions favoring Republicans on redistricting, photo voter identification and even this race.

After two recounts, the result remained in the air for months, as Griffin protested the eligibility of over 65,000 ballots. Court decisions whittled the potential ballots at issue down to no more than roughly 7,000.

Riggs’ Democratic allies said Griffin and the state Republican Party were trying to overturn a fair and legal election by removing ballots that legally should be counted. Some of Griffin’s challenges only applied to a handful of Democratic-leaning counties.

There was “immeasurable damage done to our democracy” as a result of the challenge, Riggs said. “Voters should not have to fight tooth and nail to have their lawful votes counted.”

The State Board of Elections dismissed Griffin’s protests in December. But by April state appeals courts — including the high court — ruled against counting votes from people who never lived in North Carolina but whose parents had. And they declared ballots ineligible if they were cast by military and overseas voters who didn’t provide copies of photo identification or an ID exception form.

A Republican majority of justices also agreed that those people who cast ballots without an ID or form — perhaps several thousand — should have 30 days to provide additional information so their choices could still count.

Riggs, who recused herself from her court’s deliberations, went to federal court to block the removal of votes. U.S. District Judge Richard Myers, an appointee of President Donald Trump, sided with Riggs on May 5, agreeing the ”retroactive invalidation” of ballots cast by military and overseas voters would violate the due process rights of voters. And Myers wrote the lack of a process for people mistakenly declared nonresidents also was unconstitutional.

Griffin’s challenges in part had been about “making sure that every legal vote in an election is counted,” he said last Wednesday as he announced he wouldn’t appeal.

Republican officials contend the six-month challenge brought to light errors by the State Board of Elections that threatened election integrity and will be addressed by a newly appointed Republican-majority board. But many voters whose ballots were challenged described Griffin’s efforts as a disturbing attempt to steal an election and lamented the rulings of other Republican state judges over the ballot protests.

“It’s very distasteful that he did challenge,” said Isaac Jenkins, 76, of Aberdeen, who was on the list of those who cast ballots questioned by Griffin, which also included Riggs’ parents. “It put a bad spotlight on the Republican Party and on the courts.”

Myers’ order, however, did not invalidate for future North Carolina elections the state courts’ decisions on military and overseas voters who don’t provide ID information as well as those who have never been residents in the state. They can vote in North Carolina elections for federal offices only, the elections board said this week.

Riggs, who was appointed to the court in September 2023 by then-Gov. Roy Cooper, now serves in a full associate justice’s term that lasts through late 2032. Griffin remains a state Court of Appeals judge.

__

Associated Press writer Makiya Seminera contributed to this report.

Longtime North Carolina House member Sarah Stevens plans to run for state Supreme Court

Longtime North Carolina House member Sarah Stevens plans to run for state Supreme Court

MOUNT AIRY, N.C. (AP) — A veteran North Carolina Republican legislator says she will run next year for the state Supreme Court. Rep. Sarah Stevens of Surry County announced her decision on Wednesday. She plans to seek the seat currently held by Democratic Associate Justice Anita Earls, who is already preparing for a reelection bid. Stevens has served in the state House since 2009 and has become a leader on judicial matters. Earls is one of the two Democrats on the seven-member state Supreme Court. Stevens says if elected she would be “a conservative voice for justice and families” on the court.… Continue Reading

Unsettled North Carolina election could be determined by which ballots are subject to court orders

Unsettled North Carolina election could be determined by which ballots are subject to court orders

RALEIGH, N.C. (AP) — North Carolina’s Supreme Court decided recently that ballots from two categories should have been left out of the tally of an unresolved November election for a seat on the court. But there’s still legal friction about the number of ballots that must be scrutinized by election officials tasked with removing them from the count and giving voters the chance to provide information so their race choices can remain. The number is critical since Democratic Associate Justice Allison Riggs leads Republican challenger Jefferson Griffin by just 734 votes. Griffin hopes enough ballots are removed to flip the result. Riggs says federal law prevents these ballots from being removed.… Continue Reading

Court directive to notify voters in close North Carolina election blocked for now

Court directive to notify voters in close North Carolina election blocked for now

RALEIGH, N.C. (AP) — North Carolina’s Supreme Court has temporarily halted enforcement of a decision by an appeals court that favored a Republican candidate in a close and unresolved November election for the state’s highest court. The Supreme Court blocked Friday’s order by a Court of Appeals panel that otherwise would have essentially taken effect immediately. Monday’s stay means a directive telling election workers statewide to identify and contact potentially tens of thousands of voters whose ballots were challenged by Republican Jefferson Griffin won’t be carried out for now. Justice Allison Riggs leads by 734 votes. Her attorneys asked for the delay over the weekend.… Continue Reading

North Carolina justices decide family can sue over unwanted COVID-19 shot

North Carolina justices decide family can sue over unwanted COVID-19 shot

RALEIGH, N.C. (AP) — North Carolina’s highest court says a mother and son can sue a school system and a doctors’ group on allegations they gave the boy a COVID-19 vaccine without consent in 2021. The state Supreme Court on Friday reversed a lower-court decision that declared a federal health emergency law blocked the litigation. The Supreme Court has ruled the law did not prevent lawsuits alleging violations under the state constitution. According to the litigation, Tanner Smith was 14 when he received the vaccination against his will at a Guilford County school clinic. Smith and his mother, Emily Happel, filed a lawsuit alleging claims of battery and that their constitutional rights were violated.… Continue Reading

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