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.

The Supreme Court has reinstated a key provision of the Corporate Transparency Act (CTA), requiring owners of over 32.6 million small businesses to register personal information with the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). This act, designed to combat money laundering and the misuse of anonymous shell companies, was previously blocked by a federal judge in Texas and held by the 5th U.S. Circuit Court of Appeals.

Key Details of the Ruling:

• What is Required: Small business owners must provide personal information, including photo IDs and home addresses, to FinCEN.
• Purpose: To deter financial crimes and increase transparency in corporate ownership.
• Legal Challenges: Opposed by Republican-led states, conservative groups, and business associations, the law was initially struck down on grounds that Congress overstepped its authority.

Reactions:

• Supporters: Labor, environmental, and progressive groups applaud the decision as a win for transparency.
• Opponents: Business organizations express concerns about compliance challenges and legal uncertainty. The National Small Business Association and Small Business & Entrepreneurship Council have called for clarity and leniency for late filers.

Next Steps:

• The Supreme Court’s decision allows enforcement to proceed while the Texas case continues.
• Advocates for repeal, including business leaders, urge Congress to reassess the mandate.

This decision marks a significant step in the federal government’s efforts to curb illicit financial activities, though its future enforcement and impact remain subjects of heated debate.