As I write this, Jefferson Griffin has filed a lawsuit to discard more than 60,000 votes cast in his race against Allison Riggs for a seat on the North Carolina Supreme Court. The Republicans have filed a lawsuit to discard a similar number in all state-wide races.
Before the lawsuits were filed, Griffin fell short of defeating Riggs after the Board of Elections (BOE) effort to “cure” ballots, that lacked required voter information, put Riggs ahead in the race. Ballots that can be cured include: mail-in ballot envelopes without a signature, an address on the identification card (ID) that doesn’t match the voter registration address, or most commonly, no valid ID. These problems had to be “cured” by November 10th.
After November 10th, it was determined that several races in North Carolina were so close that they were headed for recount. The only recount in Robeson County was for the race between Riggs and Griffin. The recount had to be completed by Nov. 15.
The recount was open to the public so I sat in the bleachers watching the first recount sessions at the Lumberton Community Center. BOE recount supervisors and workers worked with quiet determination to recount more than 45,000 votes in two days. Ballots arrived from secure storage in their original sealed boxes. The ballots were fed into the appropriate tabulator and then returned to the appropriate box. The box was then resealed and taken back to secure storage. The recount was completed the next day. The recount maintained the lead that Riggs had over Griffin. Griffin then requested a hand-to-eye (hand) count. Before a complete hand count, a hand count of sampled precincts is conducted.
The hand count was also open to the public, so I went to the BOE office in Robeson to watch. The BOE conducted the count in teams of four workers per ballot. Worker #1a picked up a ballot, stated the vote “Riggs” or “Griffin”. Worker #1b, sitting across the table, marked the result on paper. Worker #2a took the ballot from #1a and stated the vote, “Riggs” or “Griffin” and Worker #2b marked the result on paper. After all counties reported their results, Griffin had not gained the votes required for a complete hand count.
This is how our elections are supposed to be decided. This is how democracy is supposed to work. We are now entering an era of partisan courts deciding elections. This is how we lose our vote.
After losing the election, Griffin requested the North Carolina State BOE (NCSBE) discard the votes of more than 60,000 voters, who did not have a NC State driver license number and/or last four digits of their Social Security Number on their registration forms. Because these numbers are not legally required to be on the registration, the NCSBE voted to deny Griffin’s request. Griffin then filed a lawsuit to overturn the election. In response, Riggs had the lawsuit moved to Federal Court. The ruling Federal District Judge Myers (appointed by Donald Trump) ruled that the case be returned to the state courts, in spite of ruling against removing more than 200,000 people from the North Carolina voter rolls earlier this year.
When the lawsuit was back in the state court and went before the state Supreme Court (5 Republican judges, 2 Democratic judges). Four Republican Justices voted to block the NCSBE from certifying the election for Allison Riggs. One Republican, Justice Deitz and one Democrat, Justice Earls – Justice Riggs had recused herself, dissented. They objected to changing the law after the fact, after the votes were cast and counted.
We are waiting to learn how the US Court of Appeals will rule. Riggs has requested to be confirmed by February and Griffin is asking for the case to be sent to the state Supreme Court for a decision.
Changing a law and trying to apply it to an action or event that occurred prior the law being passed is called an ex post facto law. Article 1 of the US Constitution prohibits these laws both in federal laws and state laws. Allowing this election to be overthrown by partisan courts in response to lawsuits by candidates and parties who are determined to ignore the will of the people may be the first step to the path that leads to our last true election.
Kathryn Batt is a former US Army Aviator and retired FBI Agent. She is a recent candidate for NC Senate District 24.