North Carolina Supreme Court 2024 Election Protests Rejection Challenges (II)

Three petitions filed by Republican candidate for the North Carolina Supreme Court, Judge Jefferson Griffin, against the North Carolina State Board of Elections challenging the board’s decision to count 60,000 ballots in the 2024 state Supreme Court race. On Nov. 19, 2024, Griffin filed election protests in each of North Carolina’s 100 counties challenging thousands of ballots cast by voters with allegedly incomplete voter registrations, overseas voters who have never resided in North Carolina and overseas voters who did not provide photo ID with their absentee ballots. On Dec. 13, the board ruled to count the approximately 60,000 challenged ballots in the final results. 

In his three respective petitions, Griffin argues the board wrongly decided to count the aforementioned categories of ballots, and asks the court to order the board to reverse its decisions and remove the 60,000 challenged ballots from the final results. He also asks the court to stay the certification of the state Supreme Court race until each matter is decided. 

Griffin filed his three complaints in the Wake County Superior Court on Dec. 20, 2024. On Dec. 23, the board removed all three cases to federal court, where they have been consolidated into one case. 

On Jan. 6, 2025, the district court remanded Griffin’s motion for preliminary injunction and temporary restraining order back to the Wake County Superior Court. The board appealed this decision to the 4th U.S. Circuit Court of Appeals the same day.

On Feb. 4, 2025, the 4th Circuit consolidated this case with a similar appeal. The same day, the 4th Circuit affirmed the district court’s decision to remand the case back to state court for the time being. However, the court specified that the district court will hold jurisdiction over any federal claims while the case plays out at the state court level.

In Wake County Superior Court, a hearing took place on Feb. 7, 2025.

On Feb. 7, 2025, the Wake County Superior Court rejected Griffin’s petitions and affirmed the board’s decision to count the challenged ballots in the 2024 general election results.

Griffin appealed the trial court’s decision to the North Carolina Court of Appeals on Feb. 10.

On Feb. 17, the board filed a petition for discretionary review before the North Carolina Supreme Court, asking the court to rule on the board’s decision to count the challenged ballots ahead of the state court of appeals. The court denied the petition on Feb. 20.

Oral argument is set for March 21.

On April 4, The North Carolina Court of Appeals reversed the lower court’s opinion dismissing Griffin’s challenges. The Court is requiring the state to allow military voters and overseas voters without photo ID and voter with incomplete registrations to have 15 days to cure their defects. Overseas voters who were never residents of North Carolina will not have their ballots counted. On April 6, 2025, Justice Riggs and NCSBE appealed this decision. On April 7, the North Carolina Supreme Court issued a temporary stay blocking the Court of Appeals decision.

On April 11, the North Carolina Supreme Court ruled that voters with incomplete registrations should be counted. Military voters and overseas voters without photo ID have 30 days to cure their defects. Overseas voters who were never residents of North Carolina will not have their ballots counted. The case was sent back to the lower courts. Riggs filed a motion for an emergency injunction in federal court seeking to block further action on the court’s order.

On April 12, a federal court ordered the state elections board to proceed with the order from state court giving military voters and overseas voters without photo ID have 30 days to cure their defects. However, the election will not be certified until it is ordered by federal court. On April 14, Justice Riggs and pro-voting groups appealed this order. The North Carolina Democratic Party and other pro-voting groups appealed a similar order.

On April 14, this case was consolidated with Conley v. Hirsch and North Carolina Democratic Party v. North Carolina State Board of Elections. Updates in these cases can be found on this page. On April 15, 2025 a federal judge denied pro-voting parties’ request to pause his order allowing the cure process to proceed as their appeal plays out.

STATUS: On May 5, 2025 a federal court ordered the state to certify the results of the election and not proceed with the cure process.

Last updated: April 29, 2025 2:20 pm EST