A Dissenting Justice’s Remark
“It is no small thing to overturn the results of an election in a democracy by throwing out ballots that were legally cast consistent with all election laws in effect on the day of the election,” one dissenting justice remarked.
North Carolina Governor Josh Stein described Friday as a “dark day” for the state following a decision by the North Carolina Supreme Court that partially favored Republican Judge Jefferson Griffin. Griffin has contested about 65,000 votes in an effort to reverse the narrow victory of his opponent, Democratic incumbent Justice Allison Riggs of the state Supreme Court.
The Supreme Court, with a 4-2 vote, partly reversed an earlier appeals court ruling that had granted all the contested voters a 15-day period to confirm their identities. The state’s supreme judicial body decreed that roughly 60,000 ballots with registration discrepancies should not be contested. However, it ruled that about 5,000 votes from overseas or military voters must be verified within 30 days. In response, Riggs announced her intention to contest the ruling in federal court and requested that the order be temporarily halted.
“As someone who proudly calls herself the daughter of a military veteran who served overseas for 30 years, I find it wholly unacceptable for the court to selectively disenfranchise North Carolinians who are serving our nation both here and abroad,” stated Riggs. “While I am pleased that the Court of Appeals’ incorrect decision that risked disenfranchising over 60,000 North Carolinians has been overturned, I remain resolute in my commitment to defending the essential freedoms our military personnel and their families have sacrificed enormously to protect.”
“This shocking decision abandons the judiciary’s fundamental role of protecting citizens’ rights and endorses a blatant attempt to hijack an election.”
Riggs retained her seat in the November election to the state Supreme Court by a margin of 734 votes, but Griffin has questioned several thousand votes, primarily on two bases: about 60,000 votes were from in-state voters missing driver’s license or social security numbers in a state voter registration database, and another 2,000 to 7,000 were from overseas or military voters who did not provide ID while voting absentee. Many of these contested votes originated from counties that typically lean Democratic.
On Friday, the state Supreme Court determined that the 60,000 in-state voters should not be challenged since their rights should not be compromised due to “errors made by negligent election officials in registering citizens who are otherwise eligible to vote,” as reported by The New York Times.
However, the challenge to the overseas votes was upheld, even though such voters have never been required to show ID under the state’s voter ID laws.
“Republicans are specifically targeting military voters from six counties, compelling them to reconfirm their identities or face disenfranchisement,” stated Anderson Clayton, chairwoman of the North Carolina Democratic Party, as reported by the Times.
The court also decided to invalidate the votes of nearly 300 voters who had never resided in North Carolina—typically children of North Carolina residents who turned 18 while living overseas.
If the ruling of the state Supreme Court is upheld and the military and overseas votes are discarded, Griffin believes it will be sufficient to swing the election in his favor, as reported by WRAL News.
The two dissenting justices strongly criticized the majority’s decision.
“Some might call it stealing the election, others might deem it a bloodless coup, but regardless of the label, no amount of obfuscation makes it legitimate,” wrote Democratic Justice Anita Earls, expressing her dissent over the decision to discard ballots that were legally cast under the election laws in force at the time.
Justice Richard Dietz, a Republican, also dissented, arguing that the court should not retroactively change election laws. He further reproached his colleagues for not listening to arguments prior to their decision.
“This decision represents the most significant election-related court ruling our state has encountered in decades,” Dietz wrote. “It demands our thorough review and a firm rejection of this type of judicial interference in election results after the fact.”
Both state and national Democratic Party leaders condemned the court’s decision.
“This is a dark day for our courts and our state,” Governor Josh Stein posted online. “The North Carolina Supreme Court has decreed that certain active duty military voters must undergo additional hurdles that other voters are not subjected to. Every voter has a constitutional right to equal treatment under the law—it is a cornerstone of our democracy. This decision is indefensible and must not stand.”
Former Attorney General Eric Holder described the ruling as “both disgraceful and defining for the legacy of those who supported it.”
“This appalling decision neglects the judiciary’s primary role of safeguarding the people’s rights and sanctions a clear attempt to rig an election,” he stated. “The Republican majority of the North Carolina Supreme Court has, for overtly partisan reasons, selectively determined whose votes will count and whose will not. It epitomizes political hubris to inform military personnel who sacrifice for our country, and other voters, that their votes and those of their family members are questionable.”
Democratic National Committee (DNC) Chair Ken Martin stated: “Jefferson Griffin does not have the right to decide whose votes are valid in an election—no politician does. Our military personnel will not let their voices be suppressed by a desperate adversary like Griffin.”
“The entire nation is watching North Carolina,” continued Martin. “In the meantime, the DNC and Democrats nationwide are prepared to deploy resources and manpower to ensure that every vote in this election is counted. The voices of the people will prevail, and Justice Allison Riggs will assume her rightful position on the North Carolina Supreme Court.”
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