Another recount won't be ordered in a North Carolina court race, but protests are ahead

RALEIGH, N.C. — North Carolina election officials won't order another recount in a close state Supreme Court race after a partial hand recount failed to suggest the trailing Republican candidate could overtake the Democratic incumbent.

Following the completion of a machine recount of over 5.5 million ballots last week, Democratic Associate Justice Allison Riggs maintained a 734-vote lead over Republican Jefferson Griffin, who is currently a state Court of Appeals judge. Griffin then requested a partial hand recount in which randomly chosen ballots from 3% of the voting sites in all 100 counties were reexamined.

The law says a statewide hand recount would have been required if the sample results differed enough so that the result would be reversed if the difference were extrapolated to all ballots. But the sample tabulations, which finished Tuesday, showed Riggs actually picking up more votes than Griffin. As a result, the State Board of Elections said a total recount won't be ordered.

The election, however, has not been fully resolved. The five-member state board was scheduled to hear arguments Wednesday on protests previously filed by Griffin and three GOP legislative candidates who also are in very close elections.

Riggs, one of two Democrats on the seven-member court, declared victory again on Tuesday, and her campaign renewed calls for Griffin to concede. Griffin didn’t immediately respond to an email seeking comment.

The protests going before the state board, which question if well over 60,000 ballots should have been counted, cover three categories of voting. They include votes cast by people with voter registration records that lack driver’s licenses or partial Social Security numbers; overseas voters who have never lived in North Carolina but whose parents were deemed state residents; and military or overseas voters who did not provide copies of photo identification with their ballots.

Separately Tuesday, a Court of Appeals panel unanimously declined Griffin's request to order the state board to rule on the protests before Wednesday's meeting to accelerate the process.

The board could dismiss the protests or — if problems are found — order corrected ballot tallies, more recounts or new elections. Decisions by the board — with a 3-2 Democratic majority — can be appealed to state courts. Other protests filed by Griffin and the legislative candidates are being first considered by county boards.

The state Democratic Party filed a federal lawsuit last week seeking to block the State Board of Elections from ruling in any way to throw out the disputed ballots. The Democrats' lawyers say federal law prohibits such systematic challenges to voter eligibility for an election that has already passed. Some of the protests focus on activities that Republicans already sued over before the November election.

Democratic officials and their allies held a news conference early Tuesday outside the state Supreme Court building and strongly criticized Griffin and other Republicans for initiating claims they say would disenfranchise legal voters. North Carolina Democratic Party Chair Anderson Clayton said she fears the state Supreme Court could ultimately side with Republicans and remove the challenged ballots.

“We are trying to make sure that people are raising their voices, that we are filing lawsuits where we can,” Clayton said. “And we are also trusting the process of our board of elections officials to do their job and to count every single vote.”

Griffin led Riggs by about 10,000 votes on election night, but that lead dwindled and flipped to Riggs as qualifying provisional and absentee ballots were added to the totals. Other types of protests filed by Griffin and the legislators are being considered by county boards.

The Associated Press has not called the Supreme Court race and two of the three legislative races highlighted in the protests. In one of the two, Republican state Rep. Frank Sossamon trails Democratic challenger Bryan Cohn. A Cohn victory would mean Republicans fall one seat short of retaining their current veto-proof majority starting next month.