The legal fray builds in a very close North Carolina Supreme Court election

RALEIGH, N.C. -- The North Carolina Democratic Party sued on Friday to block the potential removal of tens of thousands of ballots tallied in an extremely close state Supreme Court race, saying state election officials would be violating federal law if they sided with protests initiated by the trailing Republican candidate.

The lawsuit filed in Raleigh federal court comes as attorneys for Court of Appeals Judge Jefferson Griffin also went to state courts on Friday to attempt to force the State Board of Elections to act more quickly on accusations contained in the protests. The board tentatively planned to hold a public hearing on the protests next Wednesday, according to a board email provided with Griffin's motion. Griffin wants a final decision from the board earlier.

Democratic Associate Justice Allison Riggs leads Griffin by 734 votes following a machine recount of over 5.5 million ballots cast in their Nov. 5 election. A partial hand recount began this week and is nearly complete.

But Griffin, joined by three other GOP state legislative candidates, contend that well over 60,000 ballots shouldn't have counted, casting doubt on election results. Among their complaints: voter registration records of some voters casting ballots lack driver’s license or partial Social Security numbers, and overseas voters never living in North Carolina have run afoul of state residency requirements.

The Democratic Party's lawsuit said that some of the protests represent “systematic challenges to voter eligibility” that counter a federal law's prohibition of what's essentially removing people from voter registration lists retroactively after an election. The lawsuit wants a judge to declare federal law and the Constitution prevents the votes from being discarded and to order the election board — a majority of its members Democrats — to comply.

“No North Carolinian deserves to have their vote thrown out in a callous power grab,” state party Chair Anderson Clayton said in a written statement. According to state law, a board considering an election protest could correct a ballot tally, direct another recount or order a new election.

Griffin's attorneys filed requests Friday for judges to demand that the board issue final rulings by late Tuesday afternoon. They were filed in Wake County Superior Court and at the Court of Appeals — the same court where Griffin serves. Usually three members on the 15-judge court — second only to the Supreme Court in state's jurisprudence — hear such motions.

“Public trust in our electoral processes depends on both fair and efficient procedures to determine the outcome of our elections. By failing to give a timely decision, the State Board continues to undermine the public interest,” Griffin attorney Troy Shelton wrote.

Attorneys for Riggs separately on Friday also responded to Griffin's actual protests before the board, saying they should all be denied.

Griffin led Riggs — one of two Democrats on the seven-member court — by about 10,000 votes on election night, but that lead dwindled and flipped to Riggs as tens of thousands of qualifying provisional and absentee ballots were added to the totals through the canvass. Riggs has declared victory.

The three Republican legislative candidates joining Griffin's protests all trailed Democratic rivals after the machine recounts. One is GOP Rep. Frank Sossamon, who trails Democratic challenger Bryan Cohn by about 230 votes. Should Cohn win, Republicans would fall one seat short of retaining its current veto-proof majority in both chambers. That would give more leverage to Democratic Gov.-elect Josh Stein in 2025. The Associated Press has not called the Supreme Court race and two of the three legislative races highlighted in the protests.