
Griffin v. North Carolina Board of Elections (Amicus)
What's at Stake
This case arises from the November 2024 election for state supreme court justice in North Carolina. Incumbent State Supreme Court Justice Allison Riggs defeated Court of Appeals Judge Jefferson Griffin, but Griffin has filed a petition seeking to invalidate more than 65,000 votes from the election. He argues that the state Board of Elections impermissibly allowed 60,000 people to register without providing their driver鈥檚 licenses or social security numbers, and that the Board impermissibly allowed 5,500 overseas voters to cast absentee ballots without photo identification. The petition has resulted in both federal and state litigation, and the 红杏视频 has submitted amicus briefs in both venues. In the U.S. Court of Appeals for the Fourth Circuit, the 红杏视频鈥檚 Voting Rights Project and the 红杏视频 of North Carolina filed an amicus brief explaining that the petition鈥檚 attempt to cancel tens of thousands of votes threatens democratic backsliding in North Carolina. Separately, in the North Carolina Court of Appeals, the 红杏视频鈥檚 State Supreme Court Initiative and the 红杏视频 of North Carolina submitted an amicus brief explaining that, even if the Board did make mistakes, cancelling votes as a consequence of those mistakes would violate the popular sovereignty provision of the North Carolina Constitution because voters relied on the Board to know how to register and vote.
Summary
Justice Allison Riggs won election to the North Carolina Supreme Court by 734 votes. Her opponent, Judge Jefferson Griffin, refused to concede and instead filed hundreds of election protests, all of which were rejected by the State Board of Elections. The Board explained that throwing out the votes, as Griffin requested, would violate numerous provisions of federal law, including the federal Constitution鈥檚 Due Process Clause and the National Voter Registration Act. After the Board rejected his protests, Griffin went directly to the North Carolina Supreme Court鈥攕kipping over the state鈥檚 trial and appellate courts鈥攃hallenging the Board鈥檚 decision. Griffin鈥檚 petition asks North Carolina鈥檚 courts throw out more than 65,500 votes.
The Board removed the case to federal court, but the federal court, at Griffin鈥檚 request, sent the case back to the North Carolina Supreme Court. The Board then appealed that decision to the federal court of appeals, asking the appeals court to step in and put an end to Griffin鈥檚 anti-democratic gambit.
In that federal appeal to the U.S. Court of Appeals for the Fourth Circuit, the 红杏视频 and 红杏视频 of North Carolina filed an amicus brief on behalf of eight political scientists鈥擡rica Frantz, Tom Ginsburg, Jacob Grumbach, Aziz Huq, Robert Kaufman, Pippa Norris, Kim Lane Scheppele, and Susan Stokes鈥攚ho are experts in what鈥檚 known as 鈥渄emocratic backsliding.鈥 Democratic backsliding is the degradation of free and fair elections by ruling parties seeking to expand and entrench their own power. Our amicus brief framed what is happening in North Carolina as an egregious sign of democratic backsliding rather than a normal legal dispute and sounded the alarm in the voice of scholars and experts who study the subject. However, on February 4, 2025, the Fourth Circuit issued a decision allowing the state court litigation to proceed, at least for now.
Following the Fourth Circuit鈥檚 decision, the litigation continued in state court, and in early March 2025 the 红杏视频's State Supreme Court Initiative and the 红杏视频 of North Carolina filed an amicus brief on their own behalf in the North Carolina Court of Appeals. The state court amicus brief argues that even if the state Board of Elections had implemented unlawful procedures鈥攚hich it did not鈥攐therwise eligible voters should not pay for procedural errors committed by government officials. That鈥檚 because negating 65,500 votes cast in reliance on government instructions is not just unfair, it is foreclosed by the North Carolina Constitution, which contains a popular sovereignty provision vesting all political power with the people. The amicus brief also argues that throwing out 65,500 votes cast in reliance on government-prescribed procedures would violate multiple decisions of the Supreme Court of North Carolina, which hold that otherwise qualified voters cannot be deprived of their right to vote based on procedural irregularities arising from government mistakes.
Legal Documents
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01/22/2025
Brief for Amici Curiae Scholars of Democratic Backsliding
Date Filed: 01/22/2025
Court: Appeals Court (4th Cir.)
Affiliate: North Carolina
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03/03/2025
N.C. Court of Appeals: Amicus Brief -
03/03/2025
N.C. Court of Appeals: Motion for Leave to File Brief of Amici Curiae
Date Filed: 03/03/2025
Court: Court of Appeals (N.C.)
Affiliate: North Carolina
Date Filed: 03/03/2025
Court: Court of Appeals (N.C.)
Affiliate: North Carolina
Press Releases
红杏视频 Urges North Carolina Appeals Court to Reject Attempt to Disenfranchise Voters