second:
BTW, note the bit about overseas votes not requiring IDs.
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NC Board of Elections rejects GOP Supreme Court candidate’s efforts to throw out thousands of votes
By: Lynn Bonner - December 12, 2024 5:30 am
Riggs and Griffin
Democratic incumbent Supreme Court Justice Allison Riggs and her Republican challenger, Judge Jefferson Griffin. (Courtesy photos)
The state Board of Elections on Wednesday rejected Republican Appeals Court Judge Jefferson Griffin’s efforts to toss out more than 60,000 ballots cast in last month’s election.
Most of the votes rejecting Griffin’s election protests were 3-2 along party lines, with the board’s three Democrats voting against Griffin and the three Republican legislative candidates who filed protests on similar grounds.
“I regret we did not have unanimity in all the matters we discussed today,” said Board Chairman Alan Hirsch. “I will say that the importance of people being able to vote and not be disenfranchised is extraordinarily important. It’s a fundamental constitutional right. It’s what makes our democracy run. While I regret our lack of unanimity, I appreciated the fact that we are allowing everyone’s vote to be counted.”
The board made one unanimous decision, to reject the complaint about votes cast by civilians and people in the military living overseas who did not include a photo ID with their ballots. Griffin wants those ballots thrown out, but the Board’s own rule says those voters don’t need to include ID.
Griffin and the Republican legislative candidates are able to appeal the board’s decision. Their lawyers did not say what steps they will take next, but state Republican Party suggested in a statement there may be an appeal.
“We will review the board’s decision and reserve the right to any future actions to protect the integrity of our elections,” NCGOP Chairman Jason Simmons’ statement said.
Griffin is trying to unseat Democratic incumbent Supreme Court Justice Allison Riggs. All votes counted after Election Day and a machine recount showed that he lost by 734 votes. In the partial, statewide hand recount Griffin requested, he failed to pick up votes and fell below the legal bar requiring a full, statewide hand recount. In his attempt to win, Griffin is trying to throw out bundles of votes.
After the meeting, Riggs said she was grateful to have won by 734 votes, and grateful to elections officials who worked to ensure elections were well-run.
“I took a solemn oath to uphold and defend our North Carolina constitution and our U.S. Constitution under the umbrella of which we all enjoy the fundamental right to vote,” she said. “And so I thought it important, as a constitutional officer, for the public see me stand up and ensure that all lawful votes are counted.”
Republicans hold a 5-2 majority on the state Supreme Court. Democrats want to win a majority on the court by the next redistricting in 2031. Keeping Riggs on the bench is a first step to accomplishing their goal.
Griffin did not attend the board meeting.
A multi-part protest
He is protesting six categories of voters. The county election boards are deciding three categories, and the state Board made decisions about three categories of challenged voters.
Will Robertson, a lawyer for the Democratic legislative candidates, said Republicans are trying to change the rules after they lost.
“Protesters are not here today asking you to correct irregularities,” Robertson said. “To be clear, they are here today asking you to overturn settled election law and to retroactively disenfranchise their neighbors, all of whom had a right to have their ballots counted.”
The state board considered whether the ballots from people who are supposedly missing a driver’s license number or partial Social Security number on their voter registration applications should be thrown out. Though many of these voters have been casting ballots for years and showed ID at the polls, Republican lawyers maintain they are not legally registered.
Earlier this year, the Board unanimously dismissed a conservative activist’s Help America Vote Act complaint over the missing digits. The state Republican Party and the Republican National Committee used that complaint as the foundation for a lawsuit seeking to purge 225,000 people from the voter rolls. A federal judge dismissed part of that lawsuit, though part of it remains alive.
“There’s a strong argument to be had under state law that the votes can’t be counted,” said Phil Strach, the lawyer representing state Rep. Frank Sossamon. Vote totals show Democrat Bryan Cohn narrowly defeated Sossamon in House District 32. Picking up that seat is important to Democrats breaking the GOP supermajority in the state House.
Republican board members said Wednesday that elections officials should have tried to collect the missing digits when people came to vote in this year’s primary and general election.
“What we should do is engage in a cure process so voters can provide the missing information,” said Republican Board member Stacy “Four” Eggers IV.
The Board also rejected Griffin’s effort to nullify the votes of citizens living overseas and have never lived in North Carolina but whose parents were state residents. A state law passed more than 10 years ago allows those overseas citizens to vote.
The Board voted 3-2 to keep those ballots, rejecting Eggers’ suggestion of further investigation.
Junk mail-like notices deemed deficient
The Board also split on the quality of the notices the state Republican Party sent to voters whose votes are being challenged.
The GOP sent voters postcards addressed to the voter “or current resident” saying their votes could be affected by protests. The postcard had a QR code that directed voters to a website with links to files where they could search for their names.
Republican board members said the postcards were adequate, while Democrats said they were deficient.
The postcards looked like junk mail, Democrats said. Voters may have been reluctant to scan a QR code, and if they did it was hard to find their names.
“I can’t wrap my mind around an arbitrary postcard being noticed for something as important as my right to vote,” said Democratic Board member Jeff Carmon.
Griffin had requested Democratic board member Siobhan Millen recuse herself because her husband is a partner in a law firm representing Riggs.
Hirsch wrote in a memo that Millen’s husband is shielded at work from any Board of Elections issues and has declined profits from the work of others on the recounts and protests.
Siobhan Millen’s “independence of judgment is not impaired,” Hirsch wrote.
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https://ncnewsline.com/2024/12/10/supreme-court-candidates-recount-demands-are-fair-but-requested-retroactive-voter-purge-is-not/?emci=425346ac-6cb9-ef11-88d0-000d3a9d5840&emdi=b965ebc7-88b9-ef11-88d0-000d3a9d5840&ceid=244814