Democrat’s lead doesn’t budge after recount of NC Supreme Court race. But it’s not over.
Democrat Allison Riggs maintained her lead in the North Carolina Supreme Court election on Tuesday following a statewide recount of the results — but the race isn’t over yet.
Her opponent, Republican Jefferson Griffin, has called for a second recount to be conducted by hand. He’s also challenged the validity of over 60,000 ballots.
After the recount was completed, Riggs maintained her 734-vote lead over Griffin.
“North Carolinian voters have spoken, and their votes have been counted and recounted,” Riggs said in a press release. “I continue to feel gratitude beyond measure for the trust they have placed in me, and for the election workers who have worked so diligently and competently in this election and in these post-election processes. I look forward to continuing to serve our state without fear or favor.”
Each candidate lost 110 votes after the machine recount, but the margin between them remained the same.
Small variances are expected between the original election results and the recount results. This is because partial or stray marks on a ballot may be counted differently the second time they are put through a machine.
Per Griffin’s request, a random sample of precincts in all 100 counties will now undergo a hand-to-eye recount this week, in which election workers will physically examine the ballots rather than running them through a tabulating machine.
If the results of this sample hand recount differ from previous results enough that they could change the winner if extrapolated across the state, the State Board of Elections will order a hand recount of all ballots statewide.
All counties must begin the second recount no later than Thursday.
Griffin initially led by about 10,000 votes on Election Night, but the race swung in Riggs’ favor after outstanding absentee and provisional ballots were counted.
He has challenged over 60,000 votes cast in the election, arguing that ineligible voters were allowed to participate. The bulk of Griffin’s protests rely on legal theories put forward in Republican lawsuits which have so far been rejected by state and federal courts.
The State Board of Elections, which is currently composed of three Democrats and two Republicans, will consider Griffin’s protests.
He has requested that a Democratic member of the board, Siobhan Millen, recuse herself from the case since Riggs is represented by a law firm that Millen’s husband works for.
Millen’s husband, Press Millen, is not representing Riggs in any matters currently before the board and told The News & Observer that his firm has an ethical screen separating him from the case.
Riggs’ brief in the election protests case is due on Friday.
Griffin has requested that the case be expedited and that the board make a decision about Millen’s recusal by Friday.
He has also asked that the board issue a final decision on his protests no later than Monday, Dec. 9.
“The people of North Carolina deserve to see these protests resolved in a timely manner,” NC GOP Communications Director Matt Mercer said in a news release. “Any delays at the N.C. State Board of Elections would undermine voter confidence and transparency.”
If the State Board of Elections rejects Griffin’s protests, he can appeal to Wake County Superior Court — potentially setting off a protracted legal battle that could wind up at the state Supreme Court itself.
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This story was originally published December 3, 2024 at 12:37 PM with the headline "Democrat’s lead doesn’t budge after recount of NC Supreme Court race. But it’s not over.."
