A federal judge on Monday ordered the certification of Democrat Allison Riggs as the winner of a North Carolina Supreme Court election held last fall, rejecting challenges brought by Republican candidate Jefferson Griffin.
US Chief District Judge Richard Myers, a Trump appointee, ruled the North Carolina State Board of Elections must certify the results based on the original count completed on December 10, 2024. That tally showed Allison Riggs leading Griffin by 734 votes out of more than 5.5 million ballots cast.
The ruling by Judge Myers overturned a state Supreme Court decision that would have required thousands of disputed ballots, primarily from overseas and military voters, to undergo a "cure" process involving providing photo identification after the election.
Myers found that retroactively invalidating ballots cast by overseas military and civilian voters violated their substantive due process rights. He also determined the proposed cure process violated the equal protection rights of those voters by treating them differently based on factors like the county where they registered.
The federal court action comes nearly six months after Election Day. Judge Myers placed a one-week pause on his order to allow Griffin time to file an appeal.
Riggs' lawyers argued that changing election rules after votes were cast was unconstitutional and unfairly targeted certain groups of voters. They urged the court to uphold the initial election outcome.
In his order, Judge Myers wrote that the state board “SHALL NOT take any action in furtherance of the North Carolina Court of Appeals and Supreme Court’s orders” regarding the disputed ballots. He stated that permitting parties to "upend the set rules" after an election concludes creates "confusion and turmoil."
Jefferson Griffin's campaign stated they are reviewing the order and evaluating potential next steps following the federal court decision.
Despite the prolonged legal challenge, Allison Riggs has continued to serve as an appointed justice on the state Supreme Court and participate in its proceedings. Griffin remains a judge on the state Appeals Court.
Justice Allison Riggs said following the ruling, "I'm proud to continue upholding the Constitution and the rule of law as North Carolina’s Supreme Court Justice.”
