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What happens if your vote in a North Carolina judicial race is challenged?

Legal wrangling over a North Carolina judicial seat has over 60,000 ballots being challenged. So what does this mean for those whose votes could be in jeopardy?

Republican candidate Jefferson Griffin is trailing Democratic Associate Justice Allison Riggs by 734 votes in the race for a North Carolina Supreme Court seat.

The current GOP-dominated court has issued a stay requested by Griffin, who is alleging that over 60,000 ballots were cast improperly. A federal judge has determined it’s up to the state Supreme Court to rule on Griffin’s request.

As it happens, this reporter is among those whose vote is in question. As I contemplated my options, I decided to call a lawyer.

Paul Cox is the general counsel for the North Carolina State Board of Elections. Cox says there are various reasons for the challenges, but in most cases, Griffin is claiming the voter registrations don’t include the person’s driver’s license or the last four digits of their social security number. He notes that a system involving several voter databases may have led to information being missing and that errors may not even be the registrant’s fault. 

"Now that doesn't mean that they're ineligible to vote," says Cox. "To the contrary, the state law says that they absolutely are eligible to vote."

Cox says that because all other races have been certified, voters don’t need to worry about the legitimacy of their ballots in those contests. And he thinks that in the end, the court will not invalidate the ballots being challenged in the judicial race because voters have not been given the opportunity to state their case or respond to the challenge.

"I would be very surprised, shocked indeed, if the state Supreme Court said we're just going to decide [to] summarily remove votes from all these voters," says Cox. 

Cox says that if the court ruled in Griffin’s favor, the state would then be constitutionally required to allow voters due process to correct their information before their ballots are removed from the count.

Neal Charnoff joined 88.5 WFDD as Morning Edition host in 2014. Raised in the Catskill region of upstate New York, he graduated from Sarah Lawrence College in 1983. Armed with a liberal arts degree, Neal was fully equipped to be a waiter. So he prolonged his arrested development bouncing around New York and L.A. until discovering that people enjoyed listening to his voice on the radio. After a few years doing overnight shifts at a local rock station, Neal spent most of his career at Vermont Public Radio. He began as host of a nightly jazz program, where he was proud to interview many of his idols, including Dave Brubeck and Sonny Rollins. Neal graduated to the news department, where he was the local host for NPR's All Things Considered for 14 years. In addition to news interviews and features, he originated and produced the Weekly Conversation On The Arts, as well as VPR Backstage, which profiled theater productions around the state. He contributed several stories to NPR, including coverage of a devastating ice storm. Neal now sees the value of that liberal arts degree, and approaches life with the knowledge that all subjects and all art forms are connected to each other. Neal and his wife Judy are enjoying exploring North Carolina and points south. They would both be happy to never experience a Vermont winter again.

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