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Losing state Supreme Court candidate Griffin now seeks to disqualify thousands of votes in Buncombe and 3 other Democratic-leaning counties

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avlwatchdog.org – TOM FIEDLER – 2025-01-22 11:07:00

The losing Republican candidate for the state Supreme Court is attempting a new and controversial tactic to flip the outcome of the Nov. 5 election: erasing the absentee ballots of 5,059 active-duty military and American citizens living abroad who are registered in Buncombe and three other Democratic-leaning counties. 

Jefferson Griffin of Raleigh, a former state appellate judge, came up 734 votes short in an attempt to unseat incumbent state Supreme Court Associate Justice Allison Riggs, a Democrat. Despite two recounts and a decision by the state’s Board of Elections naming Riggs the winner, Griffin refuses to concede. 

Backed by the Republican National Committee and the state Republican Party, he filed a lawsuit to block the Board of Elections from certifying Riggs’s victory. The state Supreme Court, operating with a 5-1 Republican majority as Riggs has recused herself from the case, has agreed to consider the lawsuit.   

Although Griffin’s challenge cites no voter fraud, he alleges that clerical errors should disqualify as many as 66,000 voter registrations. The lawsuit asks the state Supreme Court to throw out those ballots and then recount the remainder in each of North Carolina’s 100 counties. 

Latest challenge targets blue counties

Those targeted ballots fall into two groups. The first and largest group of about 60,000 ballots across the state were cast by voters in person during the early-voting period. Among those targeted ballots are 1,596 from Buncombe County, which voted by a nearly two-to-one margin against Griffin. 

The second group now being targeted by Griffin – including 5,059 voters — has become the focus of his strategy to upend the Nov. 5 count. It is crafted to disqualify a disproportionate number of Democrats in targeted counties to give the Republican the victory. 

This group consists entirely of American citizens living overseas. It includes military personnel; Foreign Service and federal government employees; missionaries; and academics studying or teaching abroad. The ballots are cast in accordance with the federal Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA), which allows Americans living overseas to register as absentee voters in a state of their choice.

Griffin alleges that these voters should be disqualified because they failed to provide photo IDs with their ballots. The North Carolina State Board of Elections ruled before last year’s election that UOCAVA voters do not need to provide photo identification. 

Screenshot from the North Carolina State Board of Elections website.

The investigative-reporting initiative ProPublica reported Tuesday that Griffin, while in the North Carolina Army National Guard, cast absentee ballots in 2019 and 2020 under the UOCAVA program. His campaign declined comment to a ProPublica reporter. 

Griffin’s lawsuit asks the state Supreme Court to erase those military and overseas ballots in only four of North Carolina’s 100 counties: Buncombe, Durham, Guilford and Forsythe. Democratic Party voters constitute a majority or plurality in each of those counties, and each voted heavily in favor of Riggs, the incumbent Democrat.

“It’s very clear that this is not about election integrity,” a spokesperson for Riggs told Asheville Watchdog. “This is Griffin’s ‘hail-Mary’ attempt to overturn the election. It’s even beyond last ditch.” 

In Buncombe County alone, Riggs defeated Griffin by 42,620 votes. If the state Supreme Court agrees with Griffin’s request to throw out the 2,692 challenged Buncombe ballots from both groups, the Republican candidate could surpass the 734 votes he needs to win. 

Blowback from military voters

Griffin hasn’t disguised the partisan goal of this tactic. In the opening brief filed with the high court seeking to block the State Elections Board from certifying Riggs’ victory, Griffin argues that “if the Court agrees that overseas voters should have presented a photo identification, there will probably be no need for the Court to reach the other two election protests,” including nullifying the remaining group of 60,000 ballots cast in the early voting period in all 100 counties. 

If the military absentee votes are disqualified but the outcome doesn’t shift to Griffin’s advantage, the GOP lawsuit states, it intends to continue pursuing the other protests.

But this tactic also risks blowback from across the political spectrum. Several military voters named in the lawsuit were contacted by The Watchdog through text messaging; all reacted with disapproval to Griffin’s targeting of voters without evidence of fraud.

“Being military and serving in countries where the people did not have the ability to vote, has highlighted the importance of the precious right,” Bobby Buckner, 55, a registered Republican, wrote. “I would caution this candidate that eroding or challenging our rights to vote because someone does not like the outcome, goes against the very reason I chose to serve my country: freedom and the ability to have a voice.”

“I hope [Griffin] will realize the importance of our service members’ right to vote and will reconsider this challenge and the costly price to freedom that overturning our votes would be,” Buckner wrote.

Chase Tipton, an unaffiliated voter who declined to say where he is stationed, said he didn’t know about the lawsuit until contacted by The Watchdog

“I signed to serve my country and have followed proper protocol for casting my vote from out of state,” he replied. “My vote should count the same as any other.” 

Hospital Corpsman Doug Davis, who wrote that he is deployed with the Fleet Marine Force in the “Central Command Area,” which encompasses the Middle East, said he also was unaware that his ballot was being challenged. 

“Per federal law, my ballot was valid,” Davis wrote. “[Griffin’s] actions are not only illegal, but it discourages service members from voting.” 

As for Griffin’s refusal to concede, Davis wrote: “That’s ridiculous. He should just take his loss.” 

Final briefs are due to the state Supreme Court by the end of this week. No timetable has been set for a decision.

Meanwhile, a counter-lawsuit brought by the State Board of Elections to move the case into federal court is going forward in the federal Fourth Circuit Court of Appeals. The suit argues that the state Supreme Court, with its overwhelming Republican majority, isn’t capable of objectively ruling on fellow-Republican Griffin’s case. Arguments are scheduled for Jan. 27 in that lawsuit. 


Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. Tom Fiedler is a Pulitzer Prize-winning political reporter and dean emeritus from Boston University who lives in Asheville. Email him at tfiedler@avlwatchdog.org. The Watchdog’s reporting is made possible by donations from the community. To show your support for this vital public service go to avlwatchdog.org/support-our-publication/.

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Man who stabbed dog to death near Weaver Park pickleball courts will be released after pleading guilty • Asheville Watchdog

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avlwatchdog.org – JOHN BOYLE – 2025-02-10 14:38:00

The man who stabbed a pet dog to death at Weaver Park while its owner played pickleball nearby will be released from state custody after pleading guilty Monday to one felony count of cruelty to animals.

James Wesley Henry has been in custody for 595 days and will be released, perhaps as early as Monday, because he has already served more than the maximum sentence under state law, 19 months. Superior Court Judge Gary Gavenus accepted Henry’s guilty plea, acknowledging the length of  Henry’s custody.

In a brief statement in court, after acknowledging he understood what he was pleading to, Henry told the judge that people “were yelling the N-word” at him on the day of the stabbing, June 26, 2023. Henry, who has a lengthy criminal record and history of mental illness, also maintained that he was attacked by two dogs that day, including the one he killed, an 11-year-old, 30-pound mixed breed named Beignet.

“It wasn’t just one dog I was attacked by — it was two dogs,” Henry said.

Henry, 45, was charged with a lower level, class H felony of cruelty to animals, which carries a maximum sentence of 39 months for an offender with multiple convictions. But with his record, the most time he could have received was 19 months. 

James Wesley Henry // Photo credit: Asheville Police Department

Buncombe County Assistant District Attorney Josh Harrold summarized the state’s case against Henry, noting that Beignet was lying in the shade near the courts, tied to a bike rack with a leash, when Henry killed the animal. Henry was observed “holding Beignet in the air by the throat and stabbing (the dog) again and again,” Harrold said.

Beignet died of wounds to the throat and chest.

Initially Henry was found incompetent to stand trial, but after being committed to Broughton Hospital, a state psychiatric facility, for treatment, he was found competent to proceed with the sentencing hearing.

“The horrific cruelty inflicted upon Beignet highlights the inadequacy of current animal cruelty laws in North Carolina,” District Attorney Todd Williams said in a statement following the hearing. “I urge lawmakers to enhance these laws without delay to protect vulnerable wildlife and animal companions. My thoughts are with Beignet’s family.”

Beignet’s owners, Tom and Liesbeth Mackie, were notified of the hearing but decided not to attend. Tom Mackie told Asheville Watchdog last week that he’s concerned about the public’s safety now that Henry will be released, questioning whether someone like him could actually be rehabilitated.

In a statement, Liesbeth Mackie said she’s thankful for the overwhelming community support she and her family received after the incident, and for the pickleball players who followed Henry after the assault and alerted police to his whereabouts. 

The Mackies received numerous cards conveying sympathy following the slaying of their dog, Beignet, in June 2023. // Watchdog photo by John Boyle

Defense argues in vain for Alford plea

Henry’s attorney, Public Defender Michael Casterline, argued in court that Henry was eligible for an “Alford plea,” in which the defendant maintains his innocence but admits that the prosecution’s evidence likely would lead to a guilty verdict in a trial. Casterline said case law supports that plea in cases in which the defendant has already served the maximum sentence.

But the judge would not entertain the idea, even though Casterline said he’d presented the Alford plea to the state Friday.

“I will not do it,” Gavenus said. “You got another judge right upstairs.”

After Casterline said case law supports the Alford plea notification to the state, Gavenus still declined to entertain it.

“I’m not going to argue with you,” Gavenus said. “I’m not going to do it.”

After the hearing, Casterline said he still disagreed with the judge’s ruling.

“The law is essentially that if you’ve done your max sentence, you can plead guilty without a deal,” Casterline said. “The state was trying to characterize it like we had made some deal with them — we haven’t made any deal.”

“I think he’s violating the law,” Casterline said of the judge’s refusal. “There’s clear case law.”

“If we don’t have a plea arrangement, if we don’t have some negotiated sentence, he has to take it. It’s a silly skirmish, and I wanted my client to get out of jail.”

Henry is eligible for release, which could occur as early as today, Casterline said. 

In court, Henry wore a brown Buncombe County Detention Facility jumpsuit and chains at his waist, hands, and ankles. He answered the judge’s questions quietly and said he was of sound mind and understood the proceedings.

Henry had been at Broughton since Nov. 14, 2024, Casterline said. So he served most of his time in the Buncombe County Detention Facility.

Henry told the judge he takes the antipsychotic medication Zyprexa, which treats schizophrenia and/or bipolar disorder. Casterline said in court that Henry, who served in the military, is eligible for continuing mental health treatment through the Veterans Affairs medical system.


Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. John Boyle has been covering Asheville and surrounding communities since the 20th century. You can reach him at (828) 337-0941, or via email at jboyle@avlwatchdog.org. The Watchdog’s local reporting during this crisis is made possible by donations from the community. To show your support for this vital public service go to avlwatchdog.org/support-our-publication/.

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Superior Court judge sides with Riggs against Griffin | North Carolina

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www.thecentersquare.com – By Alan Wooten | The Center Square – 2025-02-10 12:03:00

SUMMARY: In the ongoing legal battle over the state Supreme Court Seat 6, Wake County Superior Court ruled against Republican candidate Jefferson Griffin, who trails incumbent Democrat Allison Riggs by 734 votes from 5.5 million cast. Griffin has not conceded, suggesting an appeal is likely. The court denied his request to discard 65,000 ballots, with previous protests rejected at both county and state levels. The litigation has progressed through various courts. Riggs, appointed to the Supreme Court in September 2023 after previously serving on the Court of Appeals, is set to begin her term unless Griffin’s appeal succeeds.

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Elections in NC suffer from lack of money and little voter education

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carolinapublicpress.org – Sarah Michels – 2025-02-10 08:00:00

Upon further review: Commission finds that NC elections suffer from deficits and distrust

James Hardaway spent Election Night counting ballots in Wake County. With another poll worker standing behind him as a second pair of eyes, Hardaway physically checked each paper ballot, ensuring that the numbers matched those the precinct’s tabulators had been tracking all day and night. In other elections across North Carolina, similar scenes were playing out.

Afterwards, the Wake County precinct workers knew “beyond a shadow of a doubt” that the numbers aligned, Hardaway said. 

But not everyone shared that knowledge. 

“That’s not good enough for someone who’s reading something on Facebook or Twitter that there are 500,000 voted ballots that are only voting for one candidate,” Hardaway said. “If you look at the raw numbers, that’s not true. But when that post gets a million views, it gets legs.”  

Hardaway, an Army veteran, is one of 60 members of the Commission on the Future of North Carolina Elections, a first of its kind, comprehensive review of the state’s election systems and processes. 

Last week, the commission met at Catawba College to discuss its findings and recommendations after a multi-year effort. While the commission’s 11 committees covered a wide range of election topics, they arrived at two major conclusions. 

First, North Carolina’s elections need more funding to operate effectively. 

Second: North Carolinians do not know or understand the state’s electoral processes enough, which leads to confusion, distrust and apathy. 

‘Nobody’s done this’

The Commission on the Future of North Carolina Elections launched in October 2023 with a mission:  increase confidence and trust in the state’s electoral process through comprehensive review. Members came from across the state and varied in age, race, gender and political affiliation. 

The commission originated from an organization called the North Carolina Network for Fair, Safe and Secure Elections and counts Catawba College as a partner in the effort. 

It’s led by a bipartisan pair: former Charlotte Mayor Jennifer Roberts, a Democrat, and Bob Orr, a former state Supreme Court justice who had been a longtime Republican. 

Since its inception, the commission’s 11 committees have held over 80 meetings to discuss and debate various aspects of the state’s electoral process. 

The commission’s bipartisan committees looked into, among other things, North Carolina’s ballot security, election infrastructure and administration, campaign finance and voter access. 

“Nobody’s done this,” Orr said. “As critical as elections are to democracy, to our state, I’m not aware of any governmental units or academic entities that have done the kind of comprehensive work that this group has.” 

Voters lack trust in the elections process

For the most part, North Carolinians’ trust in elections depends on whether their preferred party wins. That’s according to a pair of surveys conducted in August 2024 and January 2025 by YouGov, a British market research company.

Over 1,000 North Carolinians were asked how confident they were in the security and integrity of North Carolina voting before — and after — the 2024 election. 

In August, 71% said they believed in the voting process with Democrats expressing significantly higher confidence than Republicans — 83% to 63%.

However, after President Donald Trump won reelection, those numbers changed for members of both parties. Overall confidence rose to 80%. But Republicans’ confidence in election integrity spiked to 86% while that number for Democrats dropped slightly to 81%.

There was a starker partisan divide when respondents were asked if they thought that votes in their county would be accurately counted.

Before the election, 89% of Democrats and 66% of Republicans said they thought that the votes would be correctly tallied. But afterwards, only 75% of Democrats felt that way. The confidence of Republicans, however, skyrocketed to 86%.

Hardaway said his committee found that the doubts of voters stems from a lack of understanding. They don’t know how election technology works. They don’t trust that the ballot’s path from printing to counting is secure each step of the way. And they want more proof that voter rolls are accurate and regularly maintained.  

While a great deal of information on these processes already exists publicly, in places like the State Board of Elections’ website, there’s a need to more aggressively advertise and spread the knowledge among the electorate, the committee found. 

“More communication and more information is ultimately going to build confidence in the process,” said Chris Cooper, a political science professor at Western Carolina University.

The civics education we’re missing

While there are legislative efforts to bolster civic education — including a bill introduced this session requiring UNC System institutions to require at least three credit hours in American history or government to graduate — they often focus on specific historical documents, such as the Gettysburg Address or Federalist Papers. 

But there’s not much that teaches young people on how localities prepare and run elections.

Martha Kropf, a UNC-Charlotte political science professor, told the commission she once asked her college class a series of basic questions to gauge their election knowledge. Among them: Can a felon vote?

The correct answer is yes — once they’ve served their sentence, completed probation and paid any restitution. 

But only 18% of her students got it right. Some were even insistent that Kropf was wrong. 

The commission discussed trying to get more basic election knowledge into this session’s bill. 

Civic education requires civic engagement

People who start voting at 18 tend to make civic involvement a habit throughout their life, Catawba College political science professor Michael Bitzer said. 

But the opposite is also true. 

“If you get later into your life and haven’t participated or haven’t cast ballots, it’s perceivably harder to get people engaged and into a mindset of being civically engaged,” Bitzer explained. 

The committee devoted to civic education found that most county election offices who responded to their survey did not have someone on staff whose job description included voter education.

Some advocated for paying non-voters, particularly those who are younger or in marginalized communities, to participate in research on what civic engagement barriers they face. Many brought up social media as a necessary tool to reach less civically-engaged North Carolinians. 

Whatever the solution may be, Bitzer said it will have to start small. 

“Everything in American history teaches us that oftentimes things that are fundamentally shifting … begin at the local level,” he said. 

Elections and their cost

The commission noted that one area in dire need of investment is campaign finance.

Each election cycle, over 3,317 political entities are legally required to file campaign finance reports. Most have to file more than one during each cycle. 

Two attorneys, six to seven auditors and one to two investigators are responsible for policing all of those reports with software that’s over 20 years old. 

A commission committee found that hiring at least two more auditors, in addition to investing in modern-day software, would better hold candidates and campaign finance organizations more accountable in a timely manner. 

Understaffing and outdated technology underscore the challenges. Last December, a three-plus year investigation into campaign finance violations committed during Mark Robinson’s run for lieutenant governor finally concluded

Poll position

Funding is also needed to address critical personnel challenges in several areas of election administration, the commission found. 

In the past five years, election directors in 61 of North Carolina’s 100 counties have left their jobs. A Carolina Public Press investigation found that safety concerns, increasing complexity of the job as voter policies constantly change and low pay were behind the exodus. 

Minimum pay for election directors was set at $12 an hour in 1999 and hasn’t increased since. 

Their responsibilities have increased exponentially since then. And now, with the passage of Senate Bill 382, they will face tighter deadlines to count provisional and absentee ballots after elections. 

In addition to election directors, the supply of poll workers is suffering from a lack of funding. In 2022, 48% of North Carolina jurisdictions reported difficulty recruiting workers.

To combat that, election administrators will have to get more creative, said Leslie Garvin, executive director of an organization called North Carolina Campus Engagement. 

“Has anybody seen a commercial to recruit you as a poll worker or an ad on social media or something?” she asked. “We’ve got so much access to folks now, and we need to use that.” 

Where do elections go from here?

While last Tuesday was the unofficial “graduation” of the Commission on the Future of North Carolina Elections, the work is far from over. 

By its bipartisan nature, the commission did not reach a consensus on every issue and recommended some things for further study. 

Within the next month or so, the group will present its findings and recommendations to the legislature. 

In October 2023, the commission set out to answer one question, Bitzer recalled: “Can we, with confidence, say to our fellow citizens in this state that North Carolina’s election system is fair, safe and secure? Is it a good system?

“I think we can take away the answer is yes.” 

This article first appeared on Carolina Public Press and is republished here under a Creative Commons license.

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