EXTRA: GOP members of North Carolina’s Supreme Court blocks BOE from certifying Democrat’s election
At the request of GOP Judge Jefferson Griffin, Republicans on the state Supreme Court have prohibited the state Board of Elections from certifying Democratic Justice Allison Riggs’ election.
Riggs, the incumbent, leads Griffin by 734 votes in the election for a seat on the state’s highest court.
Griffin, an Appeals Court judge, wants to discount more than 60,000 votes on the belief that throwing them out will allow him to win.
After the state Board of Elections dismissed his election protests last month, Griffin asked the Supreme Court, where Republicans hold a 5-2 majority, to step in.
The state Board had the case transferred to federal court, but on Monday, U.S. District Judge Richard Myers II sent it back to state court.
Tuesday’s order for a temporary stay said the state Supreme Court received notice that the state Board plans to appeal Myers’ decision, but “in the absence of a stay from federal court, this matter should be addressed expeditiously because it concerns certification of an election.”
Democratic Justice Anita Earls dissented, writing that the standards for a temporary stay have not been met.
Riggs has recused herself from participation in the case.
Election certification in a razor-thin race between Republican Court of Appeals Judge Jefferson Griffin and state Supreme Court Justice Allison Riggs, a Democrat, had been scheduled for Friday. But that’s apparently not going to happen.
The N.C. Supreme Court issued a temporary stay Tuesday afternoon, barring the State Board of Elections from certifying the election until the court decides on the merits of Griffin’s election protests.
Riggs, a current member of the court, recused herself from the decision while Justice Anita Earls dissented. Riggs and Earls are currently the only Democrats on the state high court.
The parties will file legal briefings throughout January. Then, if a federal court does not take over the case, the state Supreme Court will hear it and decide whether certain groups of voters may be removed from the count.
Before Tuesday’s court order, time was running out for Griffin.
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