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In a contentious 5-1 decision, the North Carolina Supreme Court issued an order Tuesday barring the state from certifying Democratic Justice Allison Riggs as the winner of a closely contested judicial race.
The court, composed of five Republican justices, will now hear a challenge brought by Riggs’ Republican opponent, Jefferson Griffin, who seeks to invalidate approximately 60,000 votes cast in the November election.
Riggs, who holds a narrow 734-vote lead after recounts, recused herself from the decision. The court vowed to address Griffin’s claims “expeditiously,” setting a January 24 deadline for all briefs in the case.
Griffin’s legal team alleges widespread voting irregularities, including ballots cast by individuals without valid Social Security or driver’s license numbers on file, and ballots submitted by certain overseas voters lacking proper identification. These claims were dismissed last month by the state elections board, where Democrats hold a 3-2 majority.
The state board’s decision followed thorough recounts that confirmed Riggs’ lead in the high-stakes race, which attracted over 5.5 million voters. Despite the board’s rejection of Griffin’s protests, the Republican candidate turned to the state Supreme Court for relief.
Earlier this week, a federal judge—an appointee of President-elect Donald Trump—remanded the case to state court after the North Carolina Democratic Party filed a federal suit seeking to ensure all ballots were counted. The state board of elections has since appealed that decision to the U.S. Court of Appeals for the 4th Circuit, but hearings are not scheduled until February.
In their brief order Tuesday, the court’s Republican justices wrote that Griffin’s claims warrant review before the election can be certified. Justice Sam Ervin IV, the court’s lone Democrat who participated, dissented, stating, “There is no likelihood of success on the merits, and the public interest requires that the Court not interfere with the ordinary course of democratic processes.”
The decision sparked sharp partisan criticism. Former Governor Roy Cooper called the move an attempt by Republicans to “toss thousands of legal votes in the trash because they don’t like the outcome.” Cooper added on X: “This shouldn’t be about party politics—it should be about ensuring every vote counts and our elections remain meaningful.”
The case has significant implications for the future composition of North Carolina’s Supreme Court, which often rules on critical issues affecting the state’s political landscape.
