NC High Court Hopeful Says Ballot Count Defied State Law
A North Carolina judge is pressing forward with his legal battle to throw out more than 60,000 ballots in a race he lost by just 734 votes, arguing in a newly filed appellate brief that the state Elections Board has ignored voter registration laws for decades.
www.law360.com
"...In an appellate brief filed Monday in the Court of Appeals, Republican Judge Jefferson Griffin accuses the North Carolina State Board of Elections of behaving as a "super-legislature," contending that it has allowed unverified ballots to be counted in violation of statutory requirements. Judge Griffin wants to overturn a Superior Court judge's
rejection of his challenge.
"The state board is an administrative agency that has broken the law for decades, while refusing to correct its errors," Judge Griffin writes in the brief. "If the board gets its way, then it is the real sovereign here. It can ignore the election statutes and constitutional provisions, while administering an election however it wants."
Judge Griffin's challenge focuses on three categories of ballots that he argues were improperly counted in his race against Justice Allison Riggs, a Democrat.
First, he contends that the board accepted thousands of absentee ballots from overseas voters who failed to provide the photo identification required.
The second issue raised in the brief concerns ballots cast by people who have never lived in North Carolina or anywhere in the U.S. Judge Griffin argues that the state board improperly assigned these "never residents" a fictional residency, in violation of the North Carolina Constitution's residency requirement.
...It remains uncertain whether Judge Griffin's challenge could alter the election's outcome; his protests identify fewer than 300 ballots cast by "never residents," while the margin between him and the victor, Justice Riggs, exceeds 700 votes, according to the brief. However, the brief also argues that if other contested ballots were disqualified and the gap between candidates narrowed, the question of "never residents" voting could become decisive.
The North Carolina Supreme Court on Friday rejected an effort to bypass the appellate court and expedite a final ruling on the case,
issuing a one-page orderdenying the State Board of Elections' petition. Justice Riggs recused herself from that ruling but has defended the board's handling of the vote and
pushed for an expedited resolution of the case three days before that, arguing that Judge Griffin's claims are delaying the certification of the last unresolved statewide election in the country. ..."