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North Carolina justice sworn in after long battle over result

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RALEIGH, N.C. (AP) — North Carolina Supreme Court Justice Allison Riggs was sworn in to a new term on Tuesday after the Democrat won a monthslong fight against her Republican rival’s challenges to thousands of ballots.

The State Board of Elections earlier Tuesday issued an election certificate to Riggs based on the incumbent’s 734-vote victory over GOP candidate Jefferson Griffin from over 5.5 million ballots cast. The board was complying with a federal judge’s order last week against Griffin, who conceded rather than appeal.

The Associated Press declared over 4,800 winners in the 2024 general election, but the Supreme Court election was the last nationally that was undecided.

“Thank you for your trust and unwavering support,” Riggs told family and supporters after she was sworn in to an eight-year term in the old House chamber. “You chose a path forward where power stays in the hands of people, not politicians. You demanded accountability and used your voices to speak out for our constitutional rights.”

The victory builds Democratic hopes that they can take over the highest court in the ninth-largest state later this decade. Associate Justice Anita Earls — the other Democrat on the seven-member court — delivered the oath to Riggs and is seeking reelection in 2026. The conservative majority in place since early 2023 has issued opinions favoring Republicans on redistricting, photo voter identification and even this race.

After two recounts, the result remained in the air for months, as Griffin protested the eligibility of over 65,000 ballots. Court decisions whittled the potential ballots at issue down to no more than roughly 7,000.

Riggs’ Democratic allies said Griffin and the state Republican Party were trying to overturn a fair and legal election by removing ballots that legally should be counted. Some of Griffin’s challenges only applied to a handful of Democratic-leaning counties.

There was “immeasurable damage done to our democracy” as a result of the challenge, Riggs said. “Voters should not have to fight tooth and nail to have their lawful votes counted.”

The State Board of Elections dismissed Griffin’s protests in December. But by April state appeals courts — including the high court — ruled against counting votes from people who never lived in North Carolina but whose parents had. And they declared ballots ineligible if they were cast by military and overseas voters who didn’t provide copies of photo identification or an ID exception form.

A Republican majority of justices also agreed that those people who cast ballots without an ID or form — perhaps several thousand — should have 30 days to provide additional information so their choices could still count.

Riggs, who recused herself from her court’s deliberations, went to federal court to block the removal of votes. U.S. District Judge Richard Myers, an appointee of President Donald Trump, sided with Riggs on May 5, agreeing the ”retroactive invalidation” of ballots cast by military and overseas voters would violate the due process rights of voters. And Myers wrote the lack of a process for people mistakenly declared nonresidents also was unconstitutional.

Griffin’s challenges in part had been about “making sure that every legal vote in an election is counted,” he said last Wednesday as he announced he wouldn’t appeal.

Republican officials contend the six-month challenge brought to light errors by the State Board of Elections that threatened election integrity and will be addressed by a newly appointed Republican-majority board. But many voters whose ballots were challenged described Griffin’s efforts as a disturbing attempt to steal an election and lamented the rulings of other Republican state judges over the ballot protests.

“It’s very distasteful that he did challenge,” said Isaac Jenkins, 76, of Aberdeen, who was on the list of those who cast ballots questioned by Griffin, which also included Riggs’ parents. “It put a bad spotlight on the Republican Party and on the courts.”

Myers’ order, however, did not invalidate for future North Carolina elections the state courts’ decisions on military and overseas voters who don’t provide ID information as well as those who have never been residents in the state. They can vote in North Carolina elections for federal offices only, the elections board said this week.

Riggs, who was appointed to the court in September 2023 by then-Gov. Roy Cooper, now serves in a full associate justice’s term that lasts through late 2032. Griffin remains a state Court of Appeals judge.

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Associated Press writer Makiya Seminera contributed to this report.

By GARY D. ROBERTSON
Associated Press

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