Why a Setback in NC Could Empower Future Election Deniers Nationwide
Two months ago, I told you about an attempt to overthrow an election in North Carolina. Unfortunately, this blatantly partisan scheme to overturn the will of the voters took a step toward success last week.
What’s Happening in North Carolina?
For five months, state Supreme Court candidate Jefferson Griffin has led a campaign to throw out over 65,000 lawful ballots from the 2024 election.
Incumbent Justice Allison Riggs won her race against Griffin by around 600 votes, which is a close result. Close elections are a normal part of politics, and when that happens candidates are entitled to a recount. In North Carolina, Riggs’ win was confirmed by multiple recounts.
What isn’t normal is Griffin’s refusal to concede and the types of claims he’s bringing months after Election Day. Griffen is trying to retroactively change the laws after the votes have been cast: He’s targeting voters who followed the rules and voted legally, but says the rules should have been different and therefore the votes shouldn’t count.
Both the bipartisan State Board of Elections and the lower court rejected Griffin’s challenge to the 65,000 ballots. So he appealed to the Republican-controlled Court of Appeals. In a 2-1 decision on Friday, the Court of Appeals sided with Griffin. The decision is deeply misinformed, and Riggs is appealing to the State Supreme Court (where she’ll be recused from the case).
What Could NC Mean for the Rest of the Country?
Griffin’s attempt to rewrite the rules after the election is unprecedented, offensive, and sets a dangerous blueprint for how future losing candidates can subvert the will of the voters.
If successful, misguided decisions like the NC Court of Appeals opinion could be copied around the country to change the voting rules after the election has taken place. A losing candidate could identify categories of voters (e.g., overseas absentee voters, or voters who used student IDs to check in at the polling place) and file challenges after the election is over saying, “I don’t care if the rules said those voting methods were allowed; the rules were wrong and those voters should be canceled out.”
This risks undermining faith democracy, and would amount to a massive transfer of power from the people to politicians and the courts. In a democracy, people choose the leaders. Judges and politicians shouldn’t be able to overrule the will of the people.
What Happens Next?
The North Carolina ordeal will wind its way through the courts throughout the summer. Even after the North Carolina Supreme Court renders a decision, the federal courts could intervene. Election deniers nationwide will be watching all this for new plays to add to their election subversion playbook for 2026 and beyond. The entire time, North Carolinians who voted legally will have their faith in the process tested while they’re stuck wondering if their votes will count.
Most importantly, legal volunteers on the ground in North Carolina will be reaching out to those voters talking them through steps they can take to make sure their vote will count despite Griffin’s challenge.
If you know any North Carolina voters, tell them to check for their name on this website to see if Jefferson Griffin is trying to cancel their right to vote. If they find their name, they should contact their County Board of Elections for instructions on how to make sure their vote counts.