On Tuesday, February 4, 2025, The Carolina Journal reported that the 4th U.S. Circuit Court of Appeals declined to send the ongoing North Carolina Supreme Court election dispute back to federal court. A unanimous panel of three judges issued an unsigned opinion that allows Republican candidate Jefferson Griffin to continue his ballot challenges in state court.

This decision comes after a request from the North Carolina State Board of Elections to transfer the dispute regarding the recent state Supreme Court election back to federal jurisdiction. The appellate judges upheld a previous ruling by a federal trial judge which determined that the case should remain in state court, maintaining a state order that blocks the certification of Democrat Allison Riggs as the election winner. Riggs currently holds a narrow lead over Griffin, with a margin of 734 votes out of approximately 5.5 million ballots cast during the November 5 election. Griffin has alleged that more than 65,000 votes are “unlawful,” prompting his legal challenges.

A hearing has been scheduled for Friday in Wake County Superior Court to address Griffin’s allegations regarding the ballots. The North Carolina elections board and Riggs are opposing Griffin’s claims in this legal battle. The recent ruling from the 4th Circuit requires U.S. Chief District Judge Richard Myers to address any federal issues that may arise after the state courts have resolved the matters related to Griffin’s state law challenges.

On January 6, Judge Myers had opted not to hear the case, instead remanding it to the North Carolina Supreme Court. The 4th Circuit’s unanimous decision pointed out that the state Supreme Court’s January 22 ruling, which rejected Griffin’s request for a writ of prohibition against the elections board, effectively made the appeals concerning the district court’s abstention moot.

The judges noted, “Because the Supreme Court of North Carolina has dismissed the case the Board asks us to retrieve, we cannot grant the relief the Board requests.” Consequently, the appeals have been dismissed, along with all pending motions in the consolidated cases.

Regarding Myers’ earlier determination to return Griffin’s ballot challenges to state court, the appellate judges affirmed this decision but made modifications. Myers had cited a precedent from the U.S. Supreme Court from 1943, known as Burford, to support his choice not to entertain Griffin’s challenges at the federal level. However, the appellate panel argued that a different Supreme Court precedent from 1941, known as Pullman, provided a more suitable rationale for Myers’ decision.

The 4th Circuit’s order elaborated that federal courts have the discretion to refrain from resolving cases that involve state law claims and possible federal constitutional issues, particularly if addressing the state law questions could eliminate the need to consider federal issues. The judges stated, “However, under Pullman abstention, the federal court retains jurisdiction of the federal constitutional claims while the state court issues are addressed in state court.”

The panel also highlighted that the state law matters involved in Griffin’s case are unsettled, with the parties presenting conflicting interpretations of North Carolina statutes relevant to the challenges. The judges emphasized that neither party has provided authoritative guidance from North Carolina appellate courts to clarify these issues.

Furthermore, they noted that resolving the state law questions could potentially negate the necessity of addressing the federal claims raised by the elections board in their removal of the case. If the elections board succeeds in Wake County on the state law issues, the appellate judges suggested that the federal claims may not need to be examined.

The ruling mandates that Judge Myers must “expressly retain jurisdiction of the federal issues identified in the Board’s notice of removal should those issues remain after the resolution of the state court proceedings, including any appeals.”

Judges Paul Niemeyer, Marvin Quattlebaum, and Toby Heytens participated in delivering this decision. Niemeyer and Quattlebaum were appointed by Republican presidents, while Heytens was appointed by a Democratic president. The panel had previously heard oral arguments concerning the dispute on January 27.

This recent ruling from the 4th Circuit is expected to facilitate the upcoming hearing in Wake County Superior Court, where decisions about Griffin’s ballot challenges could subsequently progress through the North Carolina Court of Appeals and potentially the Supreme Court. If federal issues arise during these appeals, the case may revert to Judge Myers for further consideration.

 

 

Source: The Carolina Journal