The American Civil Liberties Union (ACLU) and the ACLU of North Carolina have filed an amicus brief with the North Carolina Court of Appeals. They are urging the court to reject a petition by Judge Jefferson Griffin, which seeks to invalidate 65,500 ballots from the 2024 state Supreme Court race.
Judge Griffin contested incumbent Justice Allison Riggs in the election, which remains uncertified. It is acknowledged that Riggs received 734 more votes than Griffin. After the election, Griffin filed a petition claiming that for nearly two decades, the North Carolina Board of Elections improperly accepted voter registrations without requiring a driver's license or social security number. The petition also alleged improper acceptance of overseas absentee ballots without photo identification. Based on these claims, it asks for over 65,500 ballots to be discarded.
The ACLU's brief argues against this move, stating that voters relied on established practices and negating their votes would violate both the North Carolina Constitution and precedents set by its Supreme Court.
Matthew Segal, co-director of the ACLU State Supreme Court Initiative, stated: "In North Carolina, voters choose their judges; judges don’t choose their voters. Throwing out ballots from eligible voters who cast their ballots in reliance on procedures prescribed by government officials would be profoundly unfair and a grave violation of the rights of every North Carolinian — Republican, Democrat or independent."
The brief further notes that there is no evidence suggesting that if properly instructed, these voters would have failed to register and vote using what Griffin’s petition considers correct procedures. Even if unlawful procedures were implemented — which both the board and respondent deny — eligible voters should not bear responsibility for such errors.
Kristi Graunke, legal director of the ACLU of North Carolina commented: "Judge Griffin’s insistence on throwing out over 65,000 votes disregards the will of the people in service of a political power grab...North Carolina voters have spoken; it is time to respect their choice and move on."
