A federal judge ordered North Carolina elections officials to certify Democrat Allison Riggs' narrow victory in the November election for a seat on the state Supreme Court. GOP challenger Jefferson Griffin has seven days to appeal.
North Carolina Supreme Court Justice Allison Riggs would retain her seat on the state’s highest court under a new federal court order that said efforts to invalidate thousands of overseas voters' ballots are unconstitutional.
U.S. District Judge Richard Myers II on Monday ordered the North Carolina State Board of Elections to certify the Democrat’s narrow victory in the November election. But he paused the ruling for seven days to give Republican challenger Jefferson Griffin time to appeal.
Myers agreed with Riggs and others who have long argued it would be a violation of the U.S. Constitution to carry out recent decisions by state appeals courts that directed the removal of potentially thousands of voter ballots deemed ineligible. He wrote that ballots couldn't be thrown out six months after Election Day without damaging due process and equal protection rights of the affected voters.
“This case concerns whether the federal Constitution permits a state to alter the rules of an election after the fact and apply those changes retroactively only to a select group of voters, and in so doing treat those voters differently than other similarly situated individuals,” Myers wrote. “This case is also about whether a state may redefine its class of eligible voters but offer no process to those who may have been misclassified as ineligible." He concluded: “To this court, the answer to each of those questions is ‘no.’”