NC Supreme Court race - Riggs ahead +734 | NC Supreme Court stays certification pending appeal

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Welp. Away we go. Depending on how broadly they rule, could it impact other elections at this point? Presumably the rest will be certified by then so no problemo, just hold the seat for a Republican on the Supreme Court and move on is where we are heading?

The BOE can and I assume will appeal the remand order because the trial court abused its discretion to abstain. I don't even know if abstention is reviewed under that standard (it's a question of law so it should be reviewed de novo, but who knows), but the BOE should still win.

I think the NC Supreme Court knows this, which is why they moved to block the certification. Without this order, the BOE will appeal and then certify. There is a question as to whether the NC Supreme Court has this authority, though, if the case is not actually before it.
 
This question might already have an answer, but how is this voter nullification supposed to work anyway? It was my understanding that the state does not store voting records that connect voters to votes. So how would they know how it would affect the election.
 

North Carolina Republicans Try a Judicial Coup​

The Democratic incumbent got more votes. Now the Republican challenger is trying to throw out tens of thousands of them.`


“… In 2020, when sitting Chief Justice Cheri Beasley, a Democrat, requested recounts in a race she lost by 401 votes, Republicans ridiculed her as a sore loser wasting her dignity and everyone else’s time. (Beasley eventually conceded.) Yet now Griffin was going further. He filed a request with the state board to throw out some 60,000 votes, arguing the voters were not properly registered.

The largest group of registrations that Griffin has challenged are North Carolina residents whose voter registrations don’t include driver’s license numbers or Social Security numbers. This is now required by law, but these voters registered using old forms that didn’t include the requirement. (They were not required to re-register.)

The second set is overseas residents who have not lived in North Carolina, such as the adult children of North Carolinians who live abroad. A third is overseas voters who didn’t submit a photo identification with their ballot.

… The first is the most notable tranche. These voters likely understood themselves to be legally registered, and elections officials had concluded they were registered. Prior to the election, the Republican National Committee challenged 225,000 registrations on the same basis, but a federal judge dismissed the case. The state board also concluded that the registrations were valid, and said that fraud was virtually impossible. For one thing, voters are required to show photo ID before voting, in accordance with a state law that went into effect this year. (The group includes both of Riggs’s parents, as well as a politics editor at WUNC, a public-radio station in Chapel Hill.)

… North Carolina is not new to vicious election fights. (Riggs rose to prominence as a progressive attorney focused on voting-rights cases.) In 2013, after the U.S. Supreme Court demolished key elements of the Voting Rights Act, Republicans passed a sweeping law restricting voting. A federal judge eventually struck the lawdown as targeting “African Americans with almost surgical precision.”

The state has also seen decades of battles over redistricting; after previous maps were struck down as unconstitutional racial gerrymanders, the GOP instead pursued an aggressively partisan map. In the previous Congress, both Democrats and Republicans from North Carolina held seven seats; under a new GOP-drawn map, Republicans won 10 seats to Democrats’ four in November.


Even so, the reaction to Griffin’s attempted maneuvers has been sharp, and not only on the left. In a recent article, the conservative writer and former GOP operative Andrew Dunn wrote that while he had often criticized Democrats’ “dishonest nonsense” about Republicans in the past, he could not do so now.

If the Supreme Court sides with Griffin, the fallout will be immediate and brutal,” he wrote. “This isn’t just bad optics; it’s potentially a credibility-shattering disaster for the court, the party, and conservatism in North Carolina. Overnight, this becomes a national story about Republicans ‘stealing’ a Supreme Court seat. The allegation would be impossible to defend against.

Dunn is right. If the court ultimately sides with Griffin and throws the votes out, it will be a plain message that the Republican majority is more interested in grabbing power by any means available and adding an amenable colleague than in letting voters have a say. …”
 
The Republican justices have it all figured out now. They can’t possibly lose elections because if they seemingly do by getting fewer votes than their opponent, they can just challenge thousands of votes and their buddies on the bench will make sure they get/keep the the job.
 
The Republican justices have it all figured out now. They can’t possibly lose elections because if they seemingly do by getting fewer votes than their opponent, they can just challenge thousands of votes and their buddies on the bench will make sure they get/keep the the job.
And if a Dem is elected governor they can use the legislature to take away all his power, and then give it back if a Pub is elected.
 
I read that Riggs appealed Myers' remand. So the case is not actually in front of the state Supreme Court just yet. The appeals court needs to tell the state to shove its certification stay, as the state supreme court has no jurisdiction at the moment.
 
And if a Dem is elected governor they can use the legislature to take away all his power, and then give it back if a Pub is elected.
The legislature will never give it back. They know that with gerrymandering, it's far easier to maintain perpetual Republican control of the legislature than of the governor's office. Berger, Moore and their cronies have eviscerated the executive function in NC to the furthest limits allowed by the constitution, and they won't be giving it back no matter what.
 
The legislature will never give it back. They know that with gerrymandering, it's far easier to maintain perpetual Republican control of the legislature than of the governor's office. Berger, Moore and their cronies have eviscerated the executive function in NC to the furthest limits allowed by the constitution, and they won't be giving it back no matter what.
What do you think will happen with the remand now that it's being appealed? Will 4th enter an administrative stay?
 
What do you think will happen with the remand now that it's being appealed? Will 4th enter an administrative stay?
I really don't know. Griffin has made such a hash of this that it will take some work to sort it out. What SHOULD happen is --

1. 4th enters a stay.
2. SCONC vacates its own stay.
3. 4th reverses remand but keeps stay in place pending EDNC decision.
4. EDNC exercises jurisdiction and denies Griffin's petition.
5. 4th affirms on expedited appeal and lifts stay.
6. Riggs is sworn in.

But I have VERY little confidence that's how it plays out. This is an absolutely shameful display by the state GOP.
 
I really don't know. Griffin has made such a hash of this that it will take some work to sort it out. What SHOULD happen is --

1. 4th enters a stay.
2. SCONC vacates its own stay.
3. 4th reverses remand but keeps stay in place pending EDNC decision.
4. EDNC exercises jurisdiction and denies Griffin's petition.
5. 4th affirms on expedited appeal and lifts stay.
6. Riggs is sworn in.

But I have VERY little confidence that's how it plays out. This is an absolutely shameful display by the state GOP.
Pending which EDNC decision? Myers? The decision on the merits after the case is returned to him and his abstention rejected?
 
Can someone clarify for me what Griffin is trying to do here? Is he trying to force a new election?
 

Here's more detail on the 65,000 provisional ballots. Its not quite as bad as it seems.

-Most were provisional because there was no record of registration. That seems like a legit reason to reject to me.

-About 10% were no ID but most were eventually counted.

-About 10% were wrong precinct.

- Democrats cast a much larger percentage of the ID related provisional ballots. Its not enough to make too much difference in all but the closest of races but it certainly does matter in some like the Supreme Court Justice race.

 
Here's more detail on the 65,000 provisional ballots. Its not quite as bad as it seems.

-Most were provisional because there was no record of registration. That seems like a legit reason to reject to me.

-About 10% were no ID but most were eventually counted.

-About 10% were wrong precinct.

- Democrats cast a much larger percentage of the ID related provisional ballots. Its not enough to make too much difference in all but the closest of races but it certainly does matter in some like the Supreme Court Justice race.

Here’s the thing: Those ballots went through the provisional ballot process, which means after an investigation was conducted, the county board of elections where the ballot was cast was able to resolve the question presented that made it so the voter had to to cast the provisional ballot and determined the vote should count. So, for example, where there was initially no record of registration when the person showed up to vote, the county board of elections looked into it and determined that the voter was in fact registered to vote. Thus, what Griffin is doing in that circumstance is trying to get those votes thrown out despite the fact that the county boards of elections that looked into those ballots determined that the voters were in fact registered.
 
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Here’s the thing: Those ballots went through the provisional ballot process, which means after an investigation was conducted, the county board of elections where the ballot was cast was able to resolve the question presented that made it so the voter had to to cast the provisional ballot and determined the vote should count. So, for example, where there was initially no record of registration when the person showed up to vote, the county board of elections looked into it and determined that the voter was in fact registered to vote. Thus, what Griffin is doing in that circumstance is trying to get those votes thrown out despite the fact that the county boards of elections that looked into those ballots determined that the voters were in fact registered.
This whole scenario is also the Republicans finally going mask off about all the obstacles they're trying to place between voters and the ballot box.

It is not and never has been about fraud. It is and has always been about trying to manufacturer the outcome they want.
 
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