The Democratic National Committee is getting involved in the legal battle over a North Carolina Supreme Court seat and Republicans’ efforts to toss out more than 60,000 votes, filing a brief with the state's highest court as part of an effort to preserve Democratic incumbent Allison Riggs' narrow victory last November.
The DNC's intervention comes as GOP candidate Jefferson Griffin, a state appellate court judge, has sought to discard ballots that he argues were cast by voters with incomplete registrations, including missing driver's license or Social Security numbers, and voters he alleges never resided in the state. The election, after multiple recounts, was decided by just 734 votes; a legal victory for Griffin would almost certainly result in the outcome being overturned.
“For months, North Carolina Republicans have attempted to steal an election in plain sight, seeking to throw away some 60,000 lawful votes cast in the race for North Carolina Supreme Court justice, and now, could affect all other state and local races as well,” DNC Chair Ken Martin said in a statement. “While Republicans attempt to suppress the votes of their constituents, the DNC is fighting everywhere — in both state courts and federal — to protect the will of North Carolina voters and the sanctity of North Carolina elections.”
The Wake County Superior Court earlier this month ruled against Griffin and sided with the state Board of Elections, which had certified Griffin's loss and rejected his effort to toss out tens of thousands of ballots. But, following the ruling, Griffin appealed the decision to the state Court of Appeals, where he himself sits as a judge (he has since recused himself). At the same time, the state Board of Elections has filed a bypass petition to push the matter straight to the state Supreme Court.
Riggs has expressed support for that petition, while Griffin has indicated he opposes it. That, according to Democracy Docket, is likely due to the Court of Appeals being viewed as "a venue more favorable" to Griffin; if he wins there, Republicans are more likely to ultimately prevail, even if the state Supreme Court issues a split decision.
Further complicating the case, Riggs has argued that the question of whether or not to toss some 60,000 votes is one that should rightly be decided in federal court. The Fourth Circuit initially ruled earlier this month that it could take up the case to address any lingering federal legal issues — but only after state courts addressed the matter.
In the brief filed Tuesday, the DNC argues that the state Supreme Court let the earlier Wake County Superior Court decision stand. "Voters may not be retroactively disenfranchised based upon technical defects in their voter registration," the brief states. Republicans, it continues, "have provided no evidence that any of the voters they challenge are not qualified to register and vote, so this Court should uphold its long-established precedents rejecting challenges to eligible voters' ballots based on technical defects in their registration, consistent with federal and state law prohibiting retroactive disenfranchisement of voters."
Separately, the DNC also filed a brief in the federal court system, echoing the North Carolina State Board of Elections in arguing that federal judges have the right to protect voters in the state should they be disenfranchised.
In a statement accompanying Tuesday's legal filings, Reyna Walters-Morgan, DNC vice chair for civic engagement, portrayed the legal fight as part of a nationwide battle to protect democracy.
“I am appalled by the attempts of the Republican Party to overthrow a free and fair election won by Allison Riggs, and to attack the results in hundreds of other races that were certified months ago," Walters-Morgan said. “What’s happening in North Carolina could happen anywhere and the DNC is fighting to ensure that the voices of my friends, family, and neighbors are heard."
