If Republicans get away with all of it, this will be a stain on American democracy that will challenge the legitimacy of our elections for generations to come.
Sara PequeñoUSA TODAY
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Well, it’s probably happening.
Republicans in North Carolina may actually subvert the will of voters to put their candidate on the state Supreme Court, despite Democratic Justice Allison Riggs being the rightful winner.
On April 4, the North Carolina Court of Appeals ruled in favor of Judge Jefferson Griffin, the Republican candidate for the North Carolina Supreme Court who lost to Riggs in the 2024 election. Now, the only unresolved election in the country could be determined by a Supreme Court with a Republican majority – the very one that Griffin is vying for a seat on.
The 2-1 decision from the North Carolina Court of Appeals panel fell along party lines, as was expected. While we would all love to believe that the courts are nonpartisan and that judges will do what is morally right, it doesn’t seem like these judges are able to separate themselves from the party that elected them.
“This is January 6 with a robe and suits,” Democratic National CommitteeChair Ken Martin said on a press call April 10. “They're trying to deny the rights of voters in this country right now, and it’s shameful.”
I agree with Martin. This is an egregious use of the courts for partisan gain. North Carolinians made their voices heard on Nov. 5. Two recounts have affirmed Riggs as the winner by 734 votes – a slim margin, sure, but a win is a win. Now, the outcome of this legal saga could have wide-ranging effects on future elections across the country.
Will Republicans get 65,000 North Carolina votes overturned?
The question is what will happen to more than 65,000 votes that Griffin is challenging.
On April 11, the state Supreme Court ruled that 60,000 of those votes couldn't be thrown out – a win for voting rights and for Riggs. On the other hand, anywhere from 2,000 to 7,000 overseas and military voters could have their votes thrown out if voters don't cure their ballots within 30 days.
Previously: Election is long over, but NC Republicans want to invalidate thousands of votes | Opinion
It’s clear that these voters were being targeted because they are likely to have voted against Griffin. Black voters were twice as likely as white voters to have their ballots challenged. Voters ages 18-25 were the largest group to have their votes protested.
Ironically, military and overseas voters have also had their ballots challenged – even though Griffin previously voted this way as a member of the National Guard.
The court's ruling on the 60,000 voters is the correct take. These voters have already proved that they are eligible to vote in North Carolina, thanks to the state’s voter ID law. The discrepancies in their voter registration files were due to clerical errors.
This is not the fault of the voters, yet they were almost punished for it.
It's a new elections low, even for NC Republicans
It would be one thing if Republicans had lobbed these challenges well before Election Day. Instead, they waited until they knew Griffin had lost to complain about these votes.
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I can’t even begin to fathom how this will affect future elections. Not only is this setting up the state Supreme Court for a 6-1 Republican majority, but it also tells North Carolinians that their votes don’t matter. It erodes faith in the electoral system in a state that has already had its fair share of election drama, thanks to endless partisan gerrymandering.
“We know that the consequences of this race extend far beyond the borders of our state,” Anderson Clayton, the North Carolina Democratic Party chair, said during the press call. “Today, it’s a Supreme Court race in our state, but in 2026, it's a United States House of Representatives seat. It's a governor's seat. It's any race that Republicans lose on the margins.”
While I want to believe the Democrats have the power to make things right, I’m not hopeful that the will of the voters will prevail. Both the state and federal governments are currently friendly to Republicans. If Republicans get away with all of it, it will be a stain on American democracy that will challenge the legitimacy of our elections for generations to come.
Follow USA TODAY columnist Sara Pequeño on X, formerly Twitter: @sara__pequeno
