The North Carolina Republican Party (NCGOP) has filed a legal brief with North Carolina State Board of Elections (NCSBE) supporting the election protests filed in four different races, contesting the validity of more than 60,000 ballots statewide.
If these ballots are deemed invalid, they could make a difference in the razor-thin races closely monitored by the NCGOP: contests for the associate justice seat on the North Carolina Supreme Court, state House district 32, and state Senate districts 18 and 42.
“We knew going into this election cycle there were concerns we had with the state board, and that’s been well documented,” Jason Simmons, chairman of the NCGOP, told the Carolina Journal. “This isn’t a new litany of issues that have been brought up,”
The following are the current election results for each race as they currently stand:
NC Supreme Court Associate Justice Seat 06
Incumbent Allison Riggs, a Democrat, has reportedly defended her seat by a razor-thin margin of 50.01% (2,770,412), while Republican challenger Jefferson Griffin received 49.99% (2,769,678). Riggs is up by less than 800 votes. Griffin has requested a hand-to-eye recount following the initial machine statewide recount.
If Griffin were to prevail, that would push the 5-2 Republican majority to a 6-1 majority.
House District 32
In another razor-thin race, Bryan Cohn, a Democrat, upset incumbent Republican Frank Sossamon, by less than 1%. Cohn received 48.95% (21,215), and Sossamon received 48.42% (20,987), trailing by only 228 votes. Sossamon requested a hand-to-eye recount conducted on Tuesday, Dec 3.
Senate District 18
Incumbent Democrat Terence Everitt leads challenger Republican Ashlee Adams by less than 1%. Everitt achieved 48.47% (59,667), and Adams received 48.36% (59,539), a difference of only 128 votes.
Senate District 42
Woodson Bradley, a Democrat, received 50.08% (62,260), beating her opponent, Republican Stacie McGinn, who received 49.92% (62,051) in the open Senate district 42 seat. Bradley won by just 0.16% or just 209 votes.
hand-to-eye recount
According to a press release from the NCGOP on Monday, Griffin requested a second hand-to-eye recount following a statewide recount last week.
“My election contest is within the jurisdiction of the North Carolina State Board of Elections under N.C. Gen. Stat. § 163-182.7(c),” said Griffin in a letter to Karen Brinson Bell, executive director of the NCSBE. “As the initial recount concludes, I request that a second, hand-to-eye recount be conducted, pursuant to N.C.G.S. § 163-182.7A, for the North Carolina Supreme Court Associate Justice race in any county that has not already conducted one under another provision of law.”
The validity of more than 60,000 ballots is being challenged due to irregularities and discrepancies concerning the handling and counting of ballots. Concerns regarding the validity of ballots appear as follows: missing/incomplete voter registration, no voter ID, Federal Post Card Application (FPCA) verification, deceased voters, felons, and those voters removed or denied registrations. The first three categories — missing/incomplete registration, FPCA, and no voter ID (overseas ballots only) — are being contested with the state board.
The remaining three categories are being contested locally.
“Voters in North Carolina deserve confidence in our election system,” said NCGOP communications director Matt Mercer in a press release. “Upholding the rule of law and keeping the State Board accountable are critical in this process to make sure every legal vote is counted.”
The hand-to-eye recounts will conclude this week, followed by the conclusion of county protests. According to Simmons, another frustration experienced is a lack of data controls, as he criticized the board on their handling of data and displays of partisanship in the election process.
“I fail to understand how you can administer an election without proper control of your data,” said Simmons. “A board that should be nonpartisan in its’ administration of an election continues to be very partisan and very uncooperative, and that’s led to a lot of questions on how the process has played out. All we want to see is the fair administration of an election and ensuring a clear and transparent process. There has been a real lack of transparency, especially as we’ve gone through this process and especially on the data side. If we don’t have a clear understanding of the data sets, it’s hard to be confident, at times, in the process.”
The brief filed by the NCGOP outlines each of their arguments and why the board should grant it.
“The Protestors have filed protests with the county election boards that fall under six broad legal theories,” reads the brief. “On 20 November 2024, this Board entered an order exercising jurisdiction over three of those theories, which are primarily driven by questions of law. The Board ordered the Protestors to submit this brief in support of these three legal theories. The Board should grant each of the protests before it.”
Additionally, in the Griffin/Riggs race, the NCGOP supports a motion filed by Griffin last week to remove NCSBE member Siobhan Millen from participating in any decisions involving the race due to a conflict of interest. Millen is married to Pressly Millen, a Womble Bond Dickinson partner who represents Justice Allison Riggs in these disputes.
“This motion is about ensuring integrity and impartiality in the election process,” said Mercer in a press release. “The facts demonstrate a clear conflict of interest that undermines public confidence in the impartiality of the State Board.”
According to the brief: “Judge Jefferson Griffin hereby respectfully moves for the removal of North Carolina State Board of Elections (“NCSBE”) Member Siobhan Millen from participating in any matters before the NCSBE concerning the November 5, 2024 election for Associate Justice of the North Carolina Supreme Court. This request for Ms. Millen’s removal applies to all election protests involving Judge Griffin and Justice Riggs over which the NCSBE has taken or takes jurisdiction in the first instance and any protests concerning these parties that are appealed to the NCSBE.”
The NCGOP has also filed for an expedited adjudication of properly filed election protests from the NCSBE. This includes setting deadlines by which the Board must issue a decision regarding the motion to disqualify Millen, according to a press release.
“We are requesting that they don’t drag this on any longer than necessary and that they come forward with a ruling in quick order,” continued Simmons. “The Democrats are due to present their brief by the end of this week and then go ahead and have a decision by the state board early next week. I don’t think there’s any reason to delay this or have prolonged conversations. We can go ahead and debate it if we need to, but the facts are before them, and we’d ask for a ruling on the facts.”
Continue to follow Carolina Journal for further developments in the race for NC Supreme Court and other legislative election contests.