In September 2023, then-Governor Roy Cooper appointed Allison Riggs to fill a vacancy on the North Carolina Supreme Court created by the retirement of Associate Justice Michael Morgan. As an appointee, Associate Justice Riggs was eligible to hold the seat (Seat 6) until January 1 following the next general election held more than 60 days after the vacancy occurred. In Riggs’ case, that election was held on November 5, 2024. In the normal course of events, the results of that election would have been certified in December 2024 and the prevailing candidate would have taken office on January 1, 2025. The election did not, however, follow the usual path. The vote tally for Seat 6 was unusually close. After a recount, Riggs maintained a slim 734 vote lead over her challenger, current Court of Appeals Judge Jefferson Griffin. Judge Griffin filed election protests challenging votes cast by more than 60,000 individuals, alleging on various grounds that these persons were ineligible to vote in this election. The North Carolina State Board of Elections (“State Board”) assumed jurisdiction over Griffin’s protests and rejected his challenges. Griffin thereafter sought relief from the North Carolina Supreme Court, and the State Board removed the matter to federal court. The federal court abstained from reaching the merits and remanded the matter to the North Carolina Supreme Court on January 6. The next day (three days before the State Board was to certify the election results) the state supreme court granted Griffin’s motion for a temporary stay barring [...]
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