Griffin v. North Carolina State Board of Elections
Case Summary
Judge Jefferson Griffin, losing candidate for North Carolina Supreme Court Seat 6, filed a complaint against the North Carolina State Board of Elections (NCSBE) attempting to pause certification, throw out tens of thousands of legally cast ballots, and subvert the will of voters. LWVNC filed an amicus brief in federal court explaining the civil rights at stake in this case.
On November 19, 2024, Judge Jefferson Griffin, the losing candidate in the 2024 North Carolina Supreme Court race, requested the North Carolina State Board of Elections (NCSBE) pause certification of the state supreme court election results and disqualify over 60,000 ballots. He filed election protests in all 100 counties challenging votes he alleged were cast by voters with incomplete voter registrations, overseas voters who had never resided in the state, but were considered domiciled in North Carolina due to their parents' status as eligible voters before moving abroad, often working as missionaries or in the military, and overseas voters who did not provide a photo ID with their absentee ballot. These voters had followed the election rules in place during the November 2024 election, and in many cases, had voted for decades without incident. On December 13, 2024, the NCSBE decided to count the 60,000 ballots in the final tabulation of results for the state supreme court election.
On December 18, 2024, after the NCSBE ruled, Griffin filed a complaint before the state supreme court asking the court to order the board to throw out the challenged ballots and correct the final count accordingly. He also asked the court to temporarily prevent the board from certifying the results of the race while litigation was ongoing.
On December 19, 2024, the NCSBE moved to remove the case to federal court in the Eastern District of North Carolina. On December 20, 2024, Justice Allison Riggs, the winning candidate, moved to intervene as a defendant in the case. That same day, Griffin moved for a temporary restraining order (TRO) prohibiting the NCSBE from certifying the election results for the November 2024 general election for Seat 6 on the North Carolina Supreme Court. That same day, the federal district court denied Griffin’s request for a TRO. On December 23, 2024, Griffin filed a motion for preliminary injunction using the same reasoning as he did in the TRO motion.
On January 1, 2025, LWVNC and six individual voters filed an amicus brief in federal court opposing Griffin’s motion for a preliminary injunction. The brief focused on the constitutional rights that would be violated if the court rejected the 60,000 ballots. On January 3, 2025, Griffin filed a motion to remand the case from federal court back to the state supreme court. The federal district court ruled that it did not have the subject matter jurisdiction to decide this question and remanded the case back to the state supreme court on January 6, 2025. The NCSBE immediately appealed to the United States Court of Appeals for the Fourth Circuit. On January 7, 2025, Justice Riggs also appealed the case to the Fourth Circuit. The NCSBE’s appeal to the Fourth Circuit is a motion to stay and a request for an immediate administrative stay pending the ruling on the stay motion.
On January 7, 2025, the North Carolina Supreme Court issued an order granting Griffin’s motion for a temporary stay of election certification while litigation continued. The court also set a briefing schedule as follows: Griffin’s petitioner brief was due on January 14, 2025; the NCSBE’s response was due by January 21, 2025’ and Griffin’s reply was due on January 24, 2025. Justice Riggs recused herself from this case.
LWVNC is represented in this case by Protect Democracy.
LWV Timeline
Judge Griffin files suit against the NCSBE
Judge Jefferson Griffin requests the North Carolina Supreme Court temporarily prohibit the NCSBE from certifying the results of the state supreme court election.
NCSBE removes the case to federal court
The state board of elections requests to move the case from the state supreme court to the federal district court, stating that the questions of federal law at issue make the federal court the correct venue.
LWVNC files amicus brief in federal district court
LWVNC files an amicus brief opposing Griffin’s motion for a preliminary injunction and supporting voters’ constitutional right to have their votes counted. The brief also supports keeping the case in the federal district court.
Federal court issues order returning case to state court
The federal district court issues an order remanding the case back to the state supreme court citing a lack of jurisdiction.
NCSBE appeals to Fourth Circuit
After the federal district court’s ruling remanding the case to state court, the NCSBE files a motion to stay the case at the United States Court of Appeals for the Fourth Circuit.
North Carolina Supreme Court blocks certification
The North Carolina Supreme Court issues an order temporarily blocking the NCSBE from certifying the election results.
LWVNC files amicus brief in Fourth Circuit
LWVNC and several voters file an amicus brief in the Fourth Circuit, urging the court to keep the case in federal court, pause all state court proceedings and protect voters from mass disenfranchisement.
Fourth Circuit holds oral argument
A three-judge panel, consisting of Republican appointees Judges Marvin Quattlebaum and Paul Niemeyer, and Democratic appointee Toby Heytens, holds oral argument on whether to keep the case in federal court.
Fourth Circuit issues opinion
The panel issues its per curiam opinion, upholding the district court's decision to remand the case to state court, but also ordering it to retain jurisdiction to decide any federal law issues not resolved by state court proceedings.
State trial court rejects challenges on remand
On remand from the federal court, the Wake County Superior Court rejects Griffin's attempt to throw out the votes of all three groups of challenged voters.
North Carolina Court of Appeals reverses state trial court
In a 2-1 vote on partisan lines, a three-judge panel of the North Carolina Court of Appeals reverses the superior court. The opinion orders that the challenged voters with incomplete voter registrations and overseas voters who did not provide a photo ID with their absentee ballot to be notified and given fifteen business days to provide the required information or ID. The panel threw out the votes of overseas voters who had never resided in the state but were considered domiciled in North Carolina due to their parents' status as eligible voters before moving abroad.
North Carolina Supreme Court issues temporary stay
The North Carolina Supreme Court issues a stay of the court of appeals' opinion pending appeal.
North Carolina Supreme Court partially reverses court of appeals
The North Carolina Supreme Court issues a mixed ruling partially reversing the court of appeals' opinion. The votes of voters with incomplete voter registrations were ordered to be counted, while overseas and military voters lacking voter ID were given 30 days to cure their ballots. The votes of those considered domiciled in North Carolina due to their parents' status as eligible voters before moving abroad were disqualified.
District court issues ruling
The district court orders the NCSBE to certify the election results declaring that retroactively throwing out the challenged overseas and military voters' votes would violate their constitutional right to substantive due process, equal protection, and the "never residents'" rights to procedural due process.