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NC Supreme Court lets 60,000 ballots stand, but more than 5,000 overseas voters must show photo ID

Jefferson Griffin (left) and Allison Riggs.
Courtesy
Jefferson Griffin (left) and Allison Riggs.

The North Carolina Supreme Court on Friday issued a mixed ruling in Republican Jefferson Griffin’s election challenge against Democratic incumbent Allison Riggs for a seat on the state’s highest court.

In a 4-2 decision, the court overturned the Court of Appeal’s order last week that more than 60,000 North Carolina voters must cure their registrations to have their votes count. Griffin had challenged their ballots because he said their registrations lacked identification, such as a driver’s license number.

Those voters won’t have their ballots rejected.

But the Supreme Court upheld the lower court’s requirement that more than 5,000 overseas voters from four Democratic-leaning counties provide a photo ID to have their ballots count. The voters have 30 days to do so. A three-judge panel on the Court of Appeals had only given them 15 days to provide an ID.

The court also rejected 276 ballots from voters who have never lived in North Carolina. Those voters live overseas, and their parents likely have North Carolina residency.

Riggs leads Griffin by 734 votes after two recounts. It’s possible the Supreme Court’s ruling could change the final tally enough for Griffin to overtake Riggs.

In her dissent, Democratic Justice Anita Earls wrote, “Some would call it stealing the election, others might call it a bloodless coup, but by whatever name, no amount of smoke and mirrors makes it legitimate.â€

She also criticized the court for allowing Griffin to only challenge overseas and military ballots from four Democratic-leaning counties.

Riggs is expected to appeal in federal court.

Republican justices Paul Newby, Trey Allen, Tamara Barringer and Phil Berger Jr. voted in the majority. Although they allowed more than 60,000 ballots to be counted and remain part of the final tally, they criticized the state Board of Elections for not fixing problems with registrations.

Republican Richard Dietz also dissented, along with Earls.

Riggs, the court’s other Democrat, recused herself from the decision.

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Steve Harrison is WFAE's politics and government reporter. Prior to joining WFAE, Steve worked at the Charlotte Observer, where he started on the business desk, then covered politics extensively as the Observer’s lead city government reporter. Steve also spent 10 years with the Miami Herald. His work has appeared in The Washington Post, the Sporting News and Sports Illustrated.
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