Republican Judge Seeks to Void Military and Overseas Votes in North Carolina Supreme Court Election

Jan. 18, 2025, 9:17 pm ET

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  • Republican Judge Jefferson Griffin is challenging the results of a North Carolina Supreme Court election by seeking to disqualify 5,500 military and overseas absentee votes.
  • Griffin argues these votes should be nullified due to the absence of photo identification, despite state and federal laws allowing such votes without ID.
  • The case is now before the North Carolina Supreme Court and the 4th U.S. Circuit Court of Appeals.

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Essential Context

Jefferson Griffin, a Republican judge on the North Carolina Court of Appeals, is contesting the results of the state Supreme Court election, which he lost to Democrat Allison Riggs by 734 votes. Griffin’s legal challenge centers on the validity of military and overseas absentee ballots, arguing that these votes should be disqualified because they did not include photo identification.

Core Players

  • Jefferson Griffin – Republican judge on the North Carolina Court of Appeals
  • Allison Riggs – Democrat and incumbent North Carolina Supreme Court judge
  • North Carolina Supreme Court – Currently reviewing Griffin’s petition
  • 4th U.S. Circuit Court of Appeals – Also involved in the case due to federal law implications

Key Numbers

  • 5,509 – Number of military and overseas absentee ballots Griffin seeks to disqualify
  • 734 – Margin by which Allison Riggs won the election
  • 60,000 – Total number of ballots Griffin has challenged, including those missing driver’s license or Social Security data
  • 2.8 million – Americans eligible to vote overseas, many of whom use the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)

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The Catalyst

Griffin’s petition to the North Carolina Supreme Court has sparked intense debate, particularly because he himself used military absentee ballots in previous elections without providing photo identification.

“Active-duty members of the military who are serving our country overseas count on their rights under UOCAVA to vote and make their voice heard,” said Embry Owen, campaign manager for Allison Riggs. “Any attempt to silence these voters is a shame on North Carolina’s democracy.”

Inside Forces

Griffin’s case highlights internal dynamics within the North Carolina Supreme Court, which has a Republican majority. The court granted Griffin’s request to block the certification of Riggs’ win, despite dissent from some justices who argue that Griffin’s petition is an attempt to remove the legal right to vote from people who voted lawfully.

The state election board and federal judges have previously dismissed similar claims by Griffin, arguing that state and federal laws do not require photo identification for military and overseas absentee voters.

Power Dynamics

The influence of the Republican majority on the North Carolina Supreme Court is significant in this case. Griffin has described the court’s Republican chief justice, Paul Newby, as a “good friend and mentor,” and most of the spouses of the Republican justices have donated to Griffin’s campaigns.

This close relationship has raised questions about the impartiality of the court’s decision to grant Griffin’s petition.

Outside Impact

The broader implications of this case go beyond North Carolina, as it touches on federal laws and constitutional protections for voting. The 4th U.S. Circuit Court of Appeals is set to hear arguments on whether federal courts should have jurisdiction over the case, given its federal law implications.

Advocacy groups and the state elections board have appealed to the federal court, arguing that the matter should be decided under federal law to ensure uniformity and protection of voting rights.

Future Forces

The outcome of this case will have significant future implications for voting rights, especially for military and overseas voters. If Griffin’s challenge succeeds, it could set a precedent that undermines the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which protects the voting rights of these groups.

Oral arguments are scheduled in both state and federal courts, with key decisions expected later this month. Until then, Allison Riggs will continue to hold her seat on the North Carolina Supreme Court.

Data Points

  • August 2019 and January 2020: Griffin used military absentee ballots without photo ID during his time in the North Carolina Army National Guard.
  • 2024: The election in question took place, with Allison Riggs winning by 734 votes.
  • Late 2023: North Carolina’s photo ID law for voters took effect, though it does not apply to military and overseas absentee voters.
  • Jan. 27, 2025: Oral arguments are scheduled in the 4th U.S. Circuit Court of Appeals.

The dispute over military absentee votes in North Carolina’s Supreme Court election underscores the ongoing challenges and controversies surrounding voting rights in the United States. As the case proceeds through state and federal courts, it will continue to have far-reaching implications for the democratic process and the rights of military and overseas voters.

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