Saturday’s decision by a federal judge orders the North Carolina State Board of Elections to produce information to the bench no later than Tuesday in the nation’s only election race from Nov. 5 yet to have a winner.
The state Supreme Court on Friday established a plan to resolve the race that has had protests handled at the county and state election board level; litigation in the state’s county, appellate and highest courts; and litigation in the federal district and appellate courts. Undecided is the race for Seat 6 on the North Carolina Supreme Court between Democrat Allison Riggs and Republican Jefferson Griffin.
U.S. Chief District Judge Richard Myers blocked certification of the results. Litigation has meandered along with the 5,540,090 votes cast swung by 10,585 provisional and absentee ballots added in after Election Day to give Riggs an unofficial 734-vote win. The state election board oversaw denial of six protests from Griffin’s side involving an estimated 65,000 ballots, and Friday the state Supreme Court confirmed rejection of the majority of those while upholding the appellate decision on two.
Overseas voters will be given time, 30 calendar days, to cure ballots where photo identification was not provided. Ballots from voters who have never lived in North Carolina will be thrown out. This is expected to impact less than 10,000 ballots.
Then a recalculation of the totals will be rendered.
The state board’s release late Friday indicated it was aware of the instructions and mindful more litigation moves could be forthcoming. The League of Women Voters of North Carolina supplied that Monday morning with a class-action lawsuit seeking to retain the military and overseas votes without the state-mandated photo ID verification.
Monday marked the 161st day since Election Day.
