by lawfirmplanner.com

A federal appeals panel in Richmond, Virginia, heard arguments Monday regarding the unresolved North Carolina Supreme Court election, focusing on jurisdictional issues over whether federal or state courts should decide the fate of approximately 66,000 disputed ballots.

The case involves Democratic Associate Justice Allison Riggs, who currently leads Republican challenger Jefferson Griffin by 734 votes out of more than 5.5 million cast. Griffin’s attorneys argue that their client would likely win if ballots they claim were cast by ineligible voters are removed from the count. However, the State Board of Elections dismissed Griffin’s request last month to disqualify those votes.

The three-judge panel of the 4th U.S. Circuit Court of Appeals deliberated for 90 minutes, questioning attorneys on whether Griffin’s ballot challenge should remain in state court or be heard in federal court. As of now, legal challenges are ongoing in both court systems, creating an unusual situation in one of the nation’s most closely watched judicial elections.

The ballots in question were cast by voters whose registration records reportedly lacked either a driver’s license number or the last four digits of a Social Security number, which state law has required since 2004.

If Griffin prevails, it would expand the conservative majority on the North Carolina Supreme Court from 5-2 to 6-1. Riggs remains on the court while the legal battle continues. The appeals panel has not indicated when it will issue a ruling.