By Jordan Meadows
Staff Writer
North Carolina’s 2024 Supreme Court race has morphed into a sprawling legal and constitutional battle that now spans state and federal courts.
On Tuesday, a three-judge panel from the 4th U.S. Circuit Court of Appeals issued a 2-1 ruling blocking North Carolina from launching its planned ballot-curing process. This halt immediately affected roughly 1,400 military, overseas, and “Never Resident” voters whose ballots remain in legal limbo. The appeals court’s intervention came after Riggs’ campaign requested a stay while litigation over the final vote count continues in federal court.
Earlier this month, North Carolina state courts ruled that ballots lacking proper identification—primarily cast by military and overseas voters—would need to be “cured” by their voters to avoid being rejected. The cure period gave voters 30 days to provide proper photo ID or documentation. However, Riggs’ campaign warned the process could disenfranchise thousands.
Following the state court’s decision, the State Board of Elections was preparing to send notices to around 1,500 affected voters. These voters were part of Griffin’s legal challenge, which alleged widespread voting irregularities and ID compliance issues.
Riggs turned to federal court, where U.S. District Judge Richard E. Myers declined to block the curing process but agreed to review the broader case. The 4th Circuit’s ruling temporarily freezes any action until Myers rules on the constitutional claims.
Among the ballots at stake are 1,409 cast by military and overseas voters in Guilford County, and 266 cast by so-called “Never Residents”—U.S. citizens born abroad to North Carolinian parents who’ve never resided in the state. In total, more than 5,500 ballots from five additional counties—Forsyth, Durham, Buncombe, Cumberland, and New Hanover—are potentially subject to review.
These ballots represent not only numbers but real people whose votes could be thrown out. Public records and interviews provided by Bryan Anderson, an independent journalist covering NC politics, show many of the challenged individuals have deep ties to North Carolina.
Cameron Avila, a postal worker at Marine Corps Base Camp Lejeune; Capt. Jacob Sugg, a UNC-Wilmington alum and U.S. Marine since at least 2019; Abdulai Conteh, a U.S. Army mechanic since 2017 based at Fort Bragg.
Josey Wright, a Pitt County native working on her PhD in the UK, said: “I lived in Pitt County until I was 18, when I moved to England for my undergrad, although I was back in NC most summers/Christmas vacations. I am currently still in Cambridge working on my PhD but have voted in North Carolina elections as an overseas voter since I moved in 2017.”
A Carolina Public Press analysis of the ballots suggests Riggs is still favored to maintain her lead—if the State Board’s plan remains in effect. According to the data:
If only Guilford County and the Never Resident ballots were counted, Riggs would have needed to win 72% of those ballots for Griffin to flip the race—a near-impossible feat given she received just 62% of the overall vote there. If Forsyth, Durham, and Buncombe counties are included, Riggs would need only 57% of those voters to have supported her—a more attainable target for Griffin. Of the 5,504 challenged military and overseas ballots in those counties, 44% were registered Democrats, 10% Republicans, and 47% unaffiliated.
Amid this chaotic litigation, another court struck down an attempted GOP power shift in the state’s election administration. A three-judge panel in a North Carolina court ruled SB 382 unconstitutional—a law that would have transferred appointment power for the State Board of Elections from the governor to the Republican state auditor.
“The Constitution prevents the legislature from unreasonably disturbing the vesting of ‘the executive power’ in the governor or the governor’s obligation to take care that the laws are faithfully executed,” wrote Superior Court Judges Edwin Wilson and Lori Hamilton.
Had the law taken effect, it would have allowed Republican Auditor Dave Boliek to appoint all members of the elections board and all 100 county election chairs—raising concerns over potential influence in the ongoing Supreme Court case.
The controversy has prompted legal experts to revisit the “Purcell Principle”—a federal standard discouraging courts from changing election rules too close to an election. While North Carolina lacks a state-level version, Republican NC Supreme Court Justice Richard Dietz has advocated for one in dissenting opinions.
Despite all rulings so far, the case is not settled. The ultimate call now lies with U.S. District Judge Richard Myers, who must weigh constitutional claims raised by Riggs before the race can be certified.
