A three-judge panel in the North Carolina appeals court ruled Friday to disenfranchise tens of thousands of voters in the state’s Supreme Court election unless they can fix their ballots in 15 days. On Monday, the state Supreme Court issued a temporary stay blocking the appeals court’s decision.
The ruling is the latest in the seemingly never-ending legal saga over North Carolina’s extremely close and contentious state Supreme Court race from November, where incumbent Democratic Justice Allison Riggs won reelection over her Republican challenger, Jefferson Griffin, by a little over 700 votes.
But Griffin refused to concede and launched a massive legal effort to have the election overturned because, according to his lawsuits, the NCSBE decided to count some 65,000 ballots by voters with allegedly incomplete registrations. Now it may be up to Riggs’ campaign and supporters to track them down to get them to fix their voter registration by providing an ID.
The appeals court panel ruled 2-to-1 to give voters 15 days to fix the error, or else risk disenfranchisement in an election they already cast their ballot for.
“Changing the rules by which these lawful voters took part in our electoral process after the election to discard their otherwise valid votes in an attempt to alter the outcome of only one race among many on the ballot is directly counter to law, equity, and the Constitution,” Democratic judge Toby Hampson wrote in a lengthy, scathing dissent.
Hampson noted that the majority’s ruling imposes a remedy on the issue “without thought or care for its impact on the people its decision truly impacts: the voters.” He described a host of scenarios in which people’s vote will be disenfranchised: voters who died since election day, voters who have moved since election day, servicemembers living abroad in unsafe locations who are “unable to jump through the judicial hoops the majority now puts in their way.
“Make no mistake: should the majority’s decision be implemented, the impact will be to disenfranchise North Carolina voters even though they were eligible to vote on election day,” Hampson wrote.
But the state’s GOP doesn’t see it this way. In a statement, NC GOP chairman Jason Simmons called the court’s ruling a victory.
“Our position has not wavered and today’s decision confirms the facts were on Judge Griffin’s side,” Simmons said. “This is a victory for the rule of law and election integrity.”
For her part, Riggs told Democracy Docket she’ll keep fighting to ensure that North Carolina voters aren’t disenfranchised.
“North Carolinians elected me to keep my seat and I swore an oath to the constitution and the rule of law – so I will continue to stand up for the rights of voters in this state and stand in the way of those who would take power from the people,” Riggs said in a statement.