NC court paves way for Griffin to overturn apparent defeat

In a 2-1 opinion on Friday, the North Carolina Court of Appeals paved the way for Republican Court of Appeals Judge Jefferson Griffin to overturn an apparent defeat.

Democratic Court of Appeals Judge Toby Hampson and Republican Judges John Tyson and Fred Gore hear an ongoing Supreme Court election dispute during a hearing on Friday, March 21, 2025.

A three-judge panel on the North Carolina Court of Appeals decided along party lines on Friday to pave the way for Republican Court of Appeals Judge Jefferson Griffin to overturn an apparent 734-vote defeat to Democratic Supreme Court Justice Allison Riggs.

Nearly five months after the election, the State Board of Elections will now be tasked with administering another recount. Some voters will have their ballots thrown out altogether, while others will be given 15 business days to cure deficiencies with their ballots.

Here’s a breakdown of who falls into what category:

• Approximately 60,273 with incomplete voter registration information will be given 15 business days to cure their ballots

• Approximately 5,509 military or overseas voters whose absentee ballots were not accompanied by a photocopy of a photo ID or ID Exception Form will be given 15 business days to provide documentation attesting to their eligibility to vote

• 267 overseas citizens who have not resided in North Carolina but whose parents or legal guardians were eligible North Carolina voters before leaving the U.S. will have their votes immediately discarded

Of note: State officials have already determined most of these people were indeed legally registered, and that a more robust review would be needed to determine the eligibility of others.

But given the votes in question are disproportionately from Democrats, Friday’s decision will almost assuredly result in a Griffin victory if the ruling holds.

Following the court decision on Friday, the NCSBE advised voters who already have a driver’s license and are concerned their registration information is incomplete to go to payments.ncdot.gov to fill out a voter registration application. Voters who are already registered and submit information will merely have their existing registration updated.

Voters who don’t already have a driver’s license can download a voter registration form at ncsbe.gov/register-mail, and then print, sign and submit that paperwork to their county board of elections.

Riggs is expected to swiftly appeal to the conservative-majority state Supreme Court, where three of six justices considering the dispute have already publicly expressed at least some support for Griffins arguments. The matter could then ultimately be decided in federal court, which would be Riggs’ clearest pathway to victory.

“We will be promptly appealing this deeply misinformed decision that threatens to disenfranchise more than 65,000 lawful voters and sets a dangerous precedent, allowing disappointed politicians to thwart the will of the people,” Riggs said in a statement.

She added, “North Carolinians elected me to keep my seat and I swore an oath to the constitution and the rule of law— so I will continue to stand up for the rights of voters in this state and stand in the way of those who would take power from the people.”

Paul Schumaker, a spokesman for Griffin’s campaign, called the court’s decision “a win for the citizens of North Carolina.”

He added, “We stand by the process of allowing the State Board a second chance to do its job and ensure that only eligible voters cast ballots in our elections.”

Republican Judges John Tyson and Fred Gore ruled in Griffin’s favor. In their decision, they said they could’ve gone even further by tossing out all votes immediately or by dropping shortening the period in which voters can address clerical issues with their registration and ballot returns.