By Bob Hall

“Crazy,” “terrible,” “lunacy,” “disgusting” — that’s what voters are saying when told a losing candidate wants to throw out their ballots in a last-ditch effort to win a seat on the N.C. Supreme Court.

A statewide recount has confirmed Republican Jefferson Griffin narrowly lost his bid to oust Democrat Allison Riggs from the high court. Out of 5.5 million ballots cast in the election, Griffin trails Riggs by 734 votes — about one vote for each village and town in North Carolina. (Don’t ever say your one vote doesn’t matter.)

Instead of conceding, Griffin has called for a second recount. He is also trying to disqualify 60,000 voters, even though they followed all the rules and were told their ballot counted.

“That’s ridiculous,” says Terri Burwell of Granville County who is on Griffin’s list. “Throwing out my ballot would mean what I say doesn’t matter.”  Burwell registered to vote in 2004 when she turned 21. She has voted in numerous elections and showed the poll worker her driver’s license when she voted this year.

Nevertheless, Griffin says her ballot and those of the other 60,000 voters on his list should be disallowed because their original registration record does not include a Social Security or N.C. driver’s license identity number. 

Burwell calls Griffin’s action “hurtful.” Catherine Reed, a neighbor on the list, calls his claim that she voted illegally “shameful.”

Griffin is basing his claim on federal and state laws that say voter registrations are not valid unless they include a Social Security or state identity number. But other parts of those laws say a person with a deficient registration can provide an identity number or identifying document when they vote. 

In fact, everyone had to provide a N.C. driver’s license or other ID sanctioned by state law when they voted this year. In addition, a federal judge appointed by Donald Trump has ruled that the dispute over registration records without an identity number should not affect any North Carolina voter in the 2024 election. 

Nevertheless, Griffin still wants to disenfranchise the 60,000 on his list. 

“It’s insulting,” Lawrence McKenzie, a disabled veteran, told me. “I showed my military ID when I voted. Now he’s saying my voice don’t count.” 

Viola Alston of Henderson has cast ballots in 25 local and statewide elections in the past 20 years. She can’t believe someone could cancel her registration over a technicality. “I’d be very unhappy,” she says. “I want to vote in every election that comes around.”

Alston exemplifies the significant demographic and political tilt of Griffin’s list — she is a Black woman, registered Democrat, in her 70s. My analysis shows that Black registered voters are twice as likely as white voters to find their names on the list. The white voters include Republican county commissioners and school board members, other officials from both parties, and Justice Allison Riggs’ mother and father!

If the State Board of Elections rejects Griffin’s demand to disenfranchise all these people, he may take his case to state court and ultimately to the Republican-controlled N.C. Supreme Court. (Note: Chief Justice Paul Newby won his seat by only 401 votes in 2020 with many of the same voters Griffin now wants to disqualify.)  

“I’d call it cheating,” Ben Webb, another voter on Griffin’s list, told me. “He’s throwing whatever he can against the wall and hoping his buddies will find a way to put him in office. It’s immoral and unethical.”

Maybe Newby and a majority of justices will ignore such criticism and rule that the same voters who elected them are now illegitimate. If that happens and Jefferson Griffin takes a seat on the Supreme Court, he’ll be the one forever remembered as illegitimate.

Bob Hall is the former executive director of Democracy North Carolina.