On Friday, the North Carolina Court of Appeals will hear Republican Court of Appeals Judge Jefferson Griffin’s oral argument on his case to overturn the 2024 North Carolina Supreme Court race.
Last November, Griffin challenged more than 60,000 votes after he narrowly lost against Democratic Incumbent Justice Allison Riggs. He alleged that ballots were cast by voters who did not properly complete registration.
After two separate recounts — which both upheld the initial results, the North Carolina State Board of Elections ruled on Dec. 13 to certify the challenged ballots and dismiss Griffin's protests. A week later, Griffin submitted three legal complaints to the Wake County Superior Court.
The NCSBE moved the complaints to the U.S. Court of Appeals for the Fourth Circuit, but decided to send them back to the Wake County Superior Court on Jan. 6 after ruling they did not have jurisdiction over a state matter. The Wake County Superior Court agreed with the NCSBE on Feb. 7 and rejected Griffin’s challenges. Three days later, Griffin submitted his appeal to the N.C. Court of Appeals.
On Feb. 17, the NCSBE requested to have the case immediately heard by the state supreme court which Griffin protested, citing that since Riggs cannot rule on the case, the six remaining justices could end up in deadlock. The state supreme court denied the request, with some justices reasoning that the case would benefit from review from the state court of appeals first.
Riggs submitted two requests to the state court of appeals on Feb. 25: the first asked for Republican Court of Appeals Judge Tom Murry to be removed from the case and the second requested that the case to be heard by all judges except Murry and Griffin.
The state court of appeals ruled against both requests on March 14, as Murry was not chosen for the panel overseeing the case and the request to use full court failed to win enough votes from judges.
UNC Law Professor William Marshall said if judges side with Griffin on Friday, the case will likely go up to the state supreme court.
If Griffin loses, according to North Carolina general statutes, he can still appeal to the Supreme Court if there is disagreement in the court of appeals or if it is determined that the case regards substantial questions about the state or federal constitution.
