Griffin calls for a recount as Dems claim victory for Riggs in NC Supreme Court race

North Carolina Supreme Court Justice Allison Riggs, a Democratic incumbent up for election this year, appears to have defeated Republican challenger Jefferson Griffin.

Griffin requested a recount, which the State Board of Elections granted on Tuesday, saying it should be finished up by Nov. 27, the day before Thanksgiving. The results could change if state officials decide there's merit to formal protests Griffin also filed on Tuesday, alleging that more than 60,000 people's votes should not have been counted at all.

The state Democratic Party was confident the result would hold up. "This is a huge win for North Carolinians and the future of our state," Democratic Party Chairwoman Anderson Clayton said Tuesday in a statement. "Voters know Justice Riggs provides a last line of defense for our democratic values and protects our rights. We are confident that the recount will confirm Justice Riggs’ victory, and fulfill the will of the people who made this win possible. Let this race serve as a reminder that every vote counts."

Riggs led by 625 votes at noon Tuesday, when the deadline passed for losing candidates to request a recount, which Griffin did. But the issue is complicated because not all counties had finalized their vote count as of Tuesday evening. That means it's possible, although unlikely, that Griffin could end up ahead once that vote count is finished but before the official recount begins. If that happens, state law would give Riggs the opportunity to call for a recount.

The few hundred votes separating them is just a tiny fraction of the more than 5.5 million votes cast in their race, and well within the margin for a recount.

Riggs' campaign celebrated the news that she appeared to have won, but also noted that Griffin was well within his rights to seek a recount.

"Recounts are a normal part of election processes and show our democracy at work," said Embry Owens, Riggs' campaign manager. "They allow for transparency and inspire confidence in our electoral systems. Our team continues to feel gratitude for all election officials who are working hard to ensure a smooth, fair, and timely process.”

In 2020 another race for a Supreme Court seat — the chief justice race between Republican Paul Newby and Democrat Cheri Beasley — went to a recount in which Newby eventually won by 401 votes. That process lasted until mid-December.

On Monday, Griffin and the North Carolina Republican Party sued the State Board of Elections seeking data that could help them mount a challenge to some ballots they might claim shouldn't have been counted. The elections board responded that it had given Griffin's campaign the data, and a few hours after filing the lawsuit, GOP lawyers notified court officials they were no longer seeking a hearing in the case, according to emails obtained by WRAL.

In Griffin's election protests Tuesday seeking to have 60,000 votes thrown out, he said he and GOP officials had concerns about the way some county elections officials allegedly handled ballots.

"As North Carolinians, we cherish our democratic process," Griffin wrote. "Protecting election integrity is not just an option — it’s our duty. These protests are about one fundamental principle: ensuring every legal vote is counted."

Recounts for several single- or multi-county races also have been requested, including five General Assembly races. Ballots will be run again through tabulator machines.

The State Board of Elections said in a news release that most of the 100 counties will begin their recounts on Wednesday and should be completed by Nov. 27. The board is slated to meet Nov. 26 to consider final counts and certify results, but a Supreme Court race certification could be considered at a later date, spokesperson Pat Gannon said.

If the current leaders in the General Assembly races where recounts have been requested keep their advantages, Republicans will lose in January the veto-proof majority that they have held for the past two years at the General Assembly.

Republicans have won 71 of the 120 House seats — one seat shy of the veto-proof majority in that chamber.

The Associated Press contributed to this report.