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A federal judge said disputed ballots in the race for a seat on North Carolina’s Supreme Court must remain counted, a ruling that would secure the victory of Democratic incumbent Justice Allison Riggs.
It is a key moment in a legal battle over the 2024 election that was mounted by her Republican challenger, Jefferson Griffin, who may yet appeal the decision by U.S. District Judge Richard Myers of the Eastern District of North Carolina, who was appointed by President Donald Trump in 2019.
“Today, we won,” Justice Riggs said in a statement posted to social media following the ruling. “I’m proud to continue upholding the Constitution and the rule of law as North Carolina’s Supreme Court Justice.”
U.S. District Judge Richard Myers agreed with Riggs and others who 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 they deemed ineligible.
Myers wrote that votes couldn’t be removed six months after Election Day without damaging due process or equal protection rights of the affected residents.
The judge also ordered the State Board of Elections to certify results that after two recounts showed Riggs the winner—by just 734 votes—over Republican challenger Jefferson Griffin.
But the judge delayed his order for seven days in case Griffin wants to appeal the ruling to the 4th U.S. Circuit Court of Appeals.
The two categories of ballots in dispute are military or overseas voters who didn’t provide copies of photo identification or an ID exception form with their absentee ballots, and those cast by overseas voters who have never lived in the U.S. but whose parents were declared North Carolina residents.
This is a developing article and more information will be added soon.
This article includes reporting by The Associated Press.
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