(The Center Square) – Two of three judges on a North Carolina appellate decision say Republican Jefferson Griffin’s appeal has merit and ordered the State Board of Elections to recalculate the nation’s only unresolved election from Nov. 5.

On the 151st day since Election Day, the North Carolina Supreme Court Seat 6 race – an eight-year term seat – has yet to be decided. Friday’s announced decision, from oral arguments two weeks ago, gives 15 business days after notice for missing data in registration records of voters to be filled in, and overseas voters not providing photo identification as required by law to do so.

The voters who never lived in North Carolina are to be dropped from the totals.

Those instructions – Justices John Tyson and Fred Gore supported the ruling, Tobias Hampson dissented – could be appealed. And, it doesn’t give a clear indication if Griffin or Judge Allison Riggs will be the winner.

Riggs, the Democrat and incumbent on the bench after appointment by then-Gov. Roy Cooper, has been poised for a 734-vote triumph as the litigation saga plays out in multiple lawsuits and in both state and federal courtrooms. Griffin, a state appellate judge, has appealed every decision against him.

On Election Night, with 2,658 precincts reporting, Griffin led Riggs by 9,851 votes of 5,540,090 cast. Provisional and absentee ballots that qualified were added to the totals since, swinging the race by 10,585 votes.

The majority opinion read in part, regarding equal terms and fundamental rights in free elections, “This right is violated when ‘votes are not accurately counted (because) (unlawful) () ballots are included in the election results’ The inclusion of even one unlawful ballot in a vote total dilutes the lawful votes and ‘effectively ‘disenfranchises’’ lawful voters.”

The majority opinion is covered in the first 36 pages of the ruling; Hampson’s dissent is in the final 30 pages.

Anderson Clayton, chairwoman of the North Carolina Democratic Party, has called the win “decisive.” Jason Simmons, chairman of the North Carolina GOP, said earlier votes in question are “blatant violations of state law.”

In response to Friday’s announcement, Clayton said the court put party affiliation above the rights of North Carolina voters.” Simmons said, “Today’s decision confirms the facts were on Judge Griffin’s side. This a victory for the rule of law and election integrity.”

The state elections board, majority 3-2 Democrats, and Riggs have been aligned in the litigations.

The Supreme Court bench has historically been nonpartisan and partisan, and since going back to the latter, was 6-1 Democrats in 2019. It is 5-2 Republicans today.

The state Supreme Court calendar has already begun, with Riggs still in place until the election is decided. She has been recused from any proceedings involving the election. Similarly, Griffin has not been involved in any at the appellate level.

Griffin protested about 65,000 ballots on multiple counts, and the state board rejected all of them. Most were by 3-2 party-line votes.

The protests the state board denied included registration records of voters, such as lack of providing either a driver’s license number or the last four digits of a Social Security number. State law for that has been in place two decades, dating to 2004.

Other ballots protested and denied by the state board included voters overseas who have never lived in the United States, and for lack of photo identification provided with military and overseas voters.