Judge Jefferson Griffin and Justice Allison Riggs (Courtesy photos)
The state’s highest court has temporarily blocked an order that would have set a deadline for more than 60,000 voters to prove their eligibility to vote in last November’s Supreme Court race.
In a 2-1 decision Friday, a state Appeals Court panel agreed with Republican Appeals Court Judge Jefferson Griffin that the state Board of Elections should not have counted votes from more than 60,000 people whose registration showed up as incomplete in the state’s database or from more than 5,500 military and overseas absentee voters.
Griffin is trying to unseat incumbent Democratic Supreme Court Justice Allison Riggs. He trails by 734 votes. Her lead was confirmed in two recounts. He wants votes thrown out so he can win the seat.
The Appeals Court said the elections board should be required to notify voters Griffin is targeting that their ballots need to be corrected if they want them to count. Voters would have had 15 business days from the time notices were sent to either complete their registration with a partial Social Security number or a partial driver’s license number, or, if they were military or civilian overseas absentee voters, to supply a copy of a photo ID.
After Griffin filed his challenges, many voters came forward to say the identification numbers they provided on their registration forms did not show up in the database due to mismatches or typos.
The electronic portal most overseas voters use provides no means of submitting ID with their ballots.
Riggs and the Board of Elections asked for a temporary stay of the Appeals Court order.
In his motion, Riggs’ lawyer emphasized the confusion the 15-day deadline would cause.
“It is impossible to predict the full scope of confusion that could result from this 15-day cure process if implemented before this Court’s review,” the petition says.
“Further, the Court of Appeals’ “cure” remedy will be inadequate to prevent the disenfranchisement of thousands of North Carolina voters. There can be no doubt that tens of thousands of voters—through no fault of their own—will be unable to cure their registrations or ballots in time.”
Griffin’s lawsuit is headed to the Supreme Court, where Republicans hold a 5-2 majority. Riggs has recused herself.
Three of the Republican justices, in previous decisions in the case, have expressed support for Griffin’s positions. In the case of a 3-3 tie in the Supreme Court, the Appeals Court decision would stand.