In a pivotal decision, U.S. District Judge Richard Myers ordered North Carolina’s elections board to certify Allison Riggs, a Democrat, as the winner of a contested state Supreme Court race.
According to Fox News, this ruling intervened against the exclusion of thousands of ballots, thereby concluding the state’s final undecided judicial election.
The controversy centered on a substantial number of ballots cast by overseas military personnel and their families, as well as a group termed "Never Residents," U.S. citizens connected to North Carolina but who have never resided within the state. These votes became the subject of intense legal scrutiny post-election.
Judge Myers, appointed in 2019 by then-President Donald Trump, emphasized the constitutional implications of excluding these ballots. He argued that such an action would breach the voters' rights under the due process and equal protection clauses of the U.S. Constitution.
This decision came after prolonged recounts and deliberations, concluding with Allison Riggs leading her opponent, Jefferson Griffin, by a narrow margin of 734 votes out of over 5.5 million cast.
The judge specified December 10, 2024, as the certification date, directing that the election results reflect the vote tally at the end of the canvassing period. To accommodate the possibility of an appeal, he permitted a seven-day delay in his order’s implementation.
Jefferson Griffin, who had filed protests concerning the ballots mostly in Democratic-leaning counties, contended they were unlawfully cast. These challenges initially targeted over 65,000 ballots but were later adjusted to between 1,675 and 7,000 ballots following court decisions.
The state appellate courts had authorized a remedy process for military and overseas voters lacking ID, as well as for overseas residents connected to North Carolina.
In his ruling, Judge Myers criticized the retroactive alteration of election rules, noting it would unfairly target specific voter groups. He articulated the importance of a stable electoral framework:
U.S. District Judge Richard Myers wrote, "You establish the rules before the game. You don’t change them after the game is done. Permitting parties to ‘upend the set rules’ of an election after the election has taken place can only produce ‘confusion and turmoil' that 'threatens to undermine public confidence in the federal courts, state agencies, and the elections themselves.'"
Facing the judicial directive, Paul Shumaker, Griffin’s campaign spokesperson, indicated that Griffin's team was assessing Myers' order and contemplating future steps on Monday night. Shumaker declined to provide immediate, detailed comments on the developments.
Meanwhile, Justice Allison Riggs expressed her satisfaction with the verdict, emphasizing her commitment to the rule of law:
Justice Allison Riggs declared, "Today, we won. I‘m proud to continue upholding the Constitution and the rule of law as North Carolina’s Supreme Court Justice."
This decision has far-reaching implications, affecting not only the outcomes of November’s judicial elections but also setting a precedent for handling similar disputes in the future.
It reinforces the importance of constitutional rights and electoral integrity over partisan interests by ensuring that all votes—especially those of overseas military personnel and connected U.S. citizens—count and receive respect. This case, therefore, not only resolved the election but also reinforced the principles that underpin the democratic process.
