RALEIGH, N.C. (AP) 鈥� A North Carolina trial judge on Friday upheld decisions by election officials to reject protests by the trailing candidate in a who wants tens of thousands of contested ballots removed from the race tallies.
In three one-page orders, Superior Court Judge William Pittman affirmed the December rulings of the State Board of Elections. Democratic Associate Justice Allison Riggs maintains a 734-vote lead over Republican rival Jefferson Griffin after more than 5.5 million ballots were cast and two recounts.
Pittman entered the orders only a few hours after listening to arguments by lawyers for Riggs, Griffin and the State Board of Elections. The hearing marked another step through a legal jumble on the outcome of the race, which is one of but a few unresolved nationwide from the Nov. 5 elections.
Griffin, himself a state Court of Appeals judge, filed after the election written protests that now challenge about 66,000 ballots cast in the race. The state board dismissed those protests in December.
Griffin鈥檚 attorneys argue the board didn鈥檛 follow state laws or the state constitution when three categories of voters were included in the race tallies. They want the board鈥檚 decision reversed and the ballots excluded 鈥� a move that they have said Griffin anticipates will win him the election. Lawyers for Riggs and the state board wanted the board decision鈥檚 upheld.
Pittman's largely identical orders lacked many details.
鈥淭he Court concludes as a matter of law that the Board's decision was not in violation of constitutional provisions, was not in excess of statutory authority or jurisdiction of the agency, was made upon lawful procedure, and was not affected by other error of law," Pittman wrote in one order.
Griffin鈥檚 protests have ultimately led to litigation in .
The focus pivoted to state court earlier this week when a said Griffin鈥檚 pleas should be heard in state court because the legal parties鈥� lawyers 鈥渁dvance diametrically opposed interpretations鈥� of North Carolina law that are the subject of Griffin鈥檚 challenges.
Riggs said late Friday that Pittman's decisions 鈥渁re a victory for North Carolina voters and the rule of law.鈥� Griffin campaign spokesperson Paul Shumaker said there would be an appeal.
An appeal is likely to reach the state Supreme Court. With Riggs recusing herself from case deliberations, five of the six remaining justices are registered Republicans. Tuesday鈥檚 4th Circuit opinion, however, said that Riggs can return to federal court to plead her case on federal elections and voting rights laws should state court action favor Griffin.
Riggs鈥� supporters, including top Democrats and voters targeted by Griffin鈥檚 protests, have said Griffin's effort to overturn the result in the ninth-largest state by disenfranchising eligible voters is an outrageous attack on free elections.
鈥淣orth Carolina law and North Carolina courts have the power to protect democracy and the rights of the voters of this state,鈥� Riggs' attorney Ray Bennett told Pittman earlier Friday. 鈥淣orth Carolina law also flatly rejects what Judge Griffin is trying to do here.鈥�
Most of the disputed ballots 鈥� about 60,000 鈥� were cast by voters whose registration records lacked either a driver鈥檚 license number or the last four digits of a Social Security number. A state law directed election officials to collect them in 2004. Griffin鈥檚 attorneys contend the registrations are incomplete and blame the state board for registration forms that for years didn鈥檛 specifically require one of these numbers.
Lawyers for Riggs and the board argued there are many legitimate reasons why the numbers are missing and that the voters are still registered legitimately. An affidavit from a board lawyer filed in court this week said that roughly half of those registrants being challenged actually did provide a number.
Other votes being challenged were cast by hundreds of overseas voters who have never lived in the U.S., and by thousands of military or overseas voters who did not provide copies of photo identification with their ballots.
鈥淭he legislature never intended to exempt overseas voters from providing photo ID, and it makes sense for the legislature to have imposed photo ID on everyone voting in the state,鈥� Griffin attorney Troy Shelton said.
Attorneys for the board and Riggs say state and federal law don鈥檛 require these military and overseas voters to provide ID copies. They also agreed that Griffin's protests failed on procedural grounds: the board's Democratic majority ruled in part that Griffin failed to provide proper legal notice to voters about their challenged ballots.
Griffin and Riggs both attended Friday's hearing. A news conference assembled by civil rights groups on the courthouse steps after the hearing included several voters on Griffin鈥檚 protest lists.
鈥淣o one should be turning a blind eye to this, because at any moment it could be your vote, your candidate, your values that are on the line,鈥� Guilford County voter Rachel Arnold said.
Gary D. Robertson, The Associated Press
