Federal judges rule on which court should hear NC GOP challenge of 65,000 votes
A federal appeals court on Tuesday cleared the way for state courts to decide on Republican Jefferson Griffin’s effort to invalidate over 65,000 ballots cast in the North Carolina Supreme Court race.
The 4th Circuit U.S. Court of Appeals ruled against Democratic incumbent Allison Riggs, who sought to have the case heard in federal court.
Griffin trails Riggs by 734 votes following two recounts of the results. But following his apparent loss, Griffin challenged the validity of tens of thousands of votes on untested legal grounds, saying that the state improperly allowed certain voters to participate — even if the voters themselves didn’t do anything wrong.
While Riggs and the State Board of Elections argued that his case implicated national election laws, Griffin argued that it should be left to the jurisdiction of North Carolina courts — where Republican judges predominate.
Rather than ruling on the merits of either side, the 4th Circuit found that Riggs’ request was moot due to a procedural quirk.
Last month, the North Carolina Supreme Court issued a decision dismissing Griffin’s initial attempt to challenge the election results. But they allowed his case to continue in Wake County Superior Court.
“Because the Supreme Court of North Carolina has dismissed the case the board asks us to retrieve, we cannot grant the relief the board requests,” the court’s order read.
Attorneys for Griffin made that exact argument when a three-judge panel held arguments in the case last week.
In a statement, Democratic National Committee Chair Ken Martin criticized the court’s decision, saying it will drag out the legal battle and waste tax dollars in the process.
“Judge Griffin needs to give up this desperate attempt to overthrow a free and fair election,” he said. “If he won’t, the courts need to step in to ensure the will of the voters is heard.”
Riggs and the board could petition for the full 4th Circuit to rehear the case.
The court’s order also left open the possibility that the dispute could return to federal courts if certain issues are not resolved in state court proceedings.
In a statement Wednesday morning, Riggs said she was reassured that the federal courts retained the right to revisit the issue.
“However, the 2024 General Election was three months ago, today, and Judge Griffin continues to waste taxpayer resources and thwart the will of North Carolina voters with these baseless lawsuits,” she said. “I remain committed to upholding the rule of law protecting the rights of every North Carolina voter, including the more than 65,000 who Judge Griffin has challenged.”
The case now goes before a Wake County Superior Court judge, who will hold a hearing on Friday. However, if the state retains jurisdiction over the case, it’s likely to be appealed all the way to the North Carolina Supreme Court — which has already ruled in Griffin’s favor once.
Last month, the high court, which has a 5 to 2 Republican majority, blocked the state from certifying Riggs’ apparent victory while Griffin’s legal battles play out. Riggs, who remains on the court while the case continues, recused herself.
When the Supreme Court later denied Griffin’s request to intervene, several Republican justices hinted that they may ultimately agree with Griffin’s challenge to the election results.
Tuesday’s decision is the latest in a monthslong dispute which has ping-ponged between state and federal courts and drawn national attention from critics, who warn that Griffin’s challenges, if successful, could form the playbook for overturning election results across the country.
This story was originally published February 4, 2025 at 5:14 PM.
