The contentious North Carolina Supreme Court race between incumbent Democrat Allison Riggs and Republican challenger Jefferson Griffin remains unresolved, with litigation now spanning both state and federal courts. The outcome of Seat 6 on the state’s highest court has been in limbo for three months since Election Day.
Griffin, a state appellate court judge, trails Riggs by 734 votes after provisional and absentee ballots were added to the totals, overturning his Election Night lead of 9,851 votes. Griffin has challenged more than 60,000 ballots, but the North Carolina State Board of Elections dismissed his protests, leaving Riggs poised to receive the election certificate.
On Monday, U.S. Chief District Judge Richard Myers II remanded the case to the state Supreme Court. The State Board of Elections, however, immediately appealed to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, seeking to block the remand.
On Tuesday, the state Supreme Court issued a temporary stay, halting the certification of the election. With Justice Allison Riggs recused, the court’s Republican majority—Chief Justice Paul Newby and Associate Justices Phil Berger Jr., Tamara Barringer, Richard Dietz, and Trey Allen—approved the stay. The lone Democrat, Justice Anita Earls, dissented, asserting that the standard for the stay had not been met and that there was “no likelihood of success on the merits.”
Griffin has until Wednesday at noon to respond to the state board’s federal appeal. In a state court filing, Griffin accused the board of attempting to block judicial review of his claims. “The Board has taken every step possible to prevent our state courts from deciding the state-law questions that Judge Griffin has raised,” his filing stated.
The election board has been divided along partisan lines, with its three Democratic members favoring Riggs and its two Republican members supporting Griffin. The board’s composition reflects the political party of the sitting governor, currently a Democrat. However, legislation set to take effect in the spring transfers oversight of elections to the state auditor, a Republican, potentially altering the balance of power for future contests.
With briefs and replies scheduled into late January, the final outcome of this high-stakes judicial race remains uncertain, prolonging an already contentious election dispute.
