A Real Threat to Democracy: When a Losing Candidate Wants to Change the Rules. U.S. Vote Foundation Speaks Out.
In an election, the candidates must agree to the rules before the race begins. A candidate who waits until they’ve lost the race to claim that the rules were not fair isn’t merely a sore loser, but a threat to the free and fair elections that form the bedrock of our democracy.
Jefferson Griffin lost his November 5, 2024, race for a seat on the North Carolina Supreme Court to Justice Allison Riggs by 734 votes. It was a close race, and close races are tough to lose. But instead of graciously congratulating his opponent and conceding, Mr. Griffin is seeking to overturn the results of the election by invalidating more than 60,000 votes. Those 60,000 include voters with allegedly incomplete voter registrations, military and overseas voters who did not include a copy of a photo identification with their ballots, and citizens born abroad who voted absentee and have not resided in the United States.
These voters, however, cast their votes in compliance with existing local, state, and federal laws. North Carolina’s overseas and military voters were asked to provide some form of ID when they registered and requested their ballots for the 2024 election—either their state driver’s license number or the last 4 digits of their Social Security Number. But, in accordance with federal law, a photo ID was neither required nor requested.
To be clear, Griffin is not claiming voter fraud. He does not deny that voters followed the rules established for them by their board of elections. Instead, now that he’s lost the race, he’s claiming the rules were illegal. And he has selectively challenged military and overseas ballots from just four North Carolina counties: Buncombe, Guilford, Forsyth, and Durham.
The North Carolina State Board of Elections has considered these challenges and has dismissed them. Mr. Griffin has appealed those decisions to the courts. The Wake County Superior Court agreed with the state board, and Judge Griffin has appealed that decision.
This remains the only race within the U.S. that has not been officially called and certified.
U.S. citizens carry their right to vote with them wherever they go—even if they leave the country.
This right is guaranteed by several federal laws, including the Uniformed And Overseas Citizens Absentee Voting Act (UOCAVA), which was enacted by Congress in 1986. It requires that the states and territories allow members of the United States uniformed services and merchant marine, their family members, and United States citizens residing outside the United States to register and vote absentee in elections for federal offices.
U.S. Vote Foundation and our Overseas Vote initiative have been working to support overseas and military voters for 20 years. Overseas Vote is a priority initiative and a core aspect of what we do. We consider this case an existential threat to that initiative, and to the rights of overseas and military voters. That is why we have partnered with the Association of Americans Resident Overseas to file an amicus brief on their behalf, represented by the North Carolina law firm Ballew Puryear and the Brennan Center for Justice.
“If voters follow the rules when they mail their ballots or go to the polls, but the losing candidate petitions the court to change those rules after the votes have been cast, those voters will question whether it’s worth voting at all. Actions like those of Mr. Griffin undermine trust in the election process.” Mark Ritchie, Acting Chairman, U.S. Vote Foundation.
Why should U.S. citizens continue taking the time and trouble to cast their votes if they know those votes can be invalidated by the losing candidate? If voters follow the rules when they mail their ballots or go to the polls, but the losing candidate petitions the court to change those rules after the votes have been cast, how can they be expected to trust the election process?
We urge all voters to speak out against this threat to our democracy.
For Further Information: See the Brennan Center Court Case Tracker