North Carolina Supreme Court Invalidates Thousands of Votes in November 2024 Election for State Supreme Court Justice

On April 11, the North Carolina Supreme Court issued an opinion in Griffin v North Carolina State Board of Elections, 25-181 P25-104. This is the lawsuit filed by the losing Republican nominee for State Supreme Court Justice in the November 2024 election. The State Supreme Court allowed thousands of challenged votes to be counted, but disallowed thousands of others that had been cast by overseas and military voters.

Some of the invalidated ballots were cast by overseas voters who had “inherited” their connection to North Carolina. They were born overseas, to U.S. citizen-parents who had been domiciled in North Carolina before they took up residence in other countries. Even though the law has long recognized their ability to vote absentee in North Carolina elections, the State Supreme Court invalidated their ballots, which amounts to changing the rules after the election was over.

The North Carolina Supreme Court also said that overseas and military voters who did not provide a copy of their photo-ID with their ballots cannot be counted, unless these voters “cure” their ballots by forwarding such copies in the next few weeks. But the voters had been told that such copies were not required.

The Democratic nominee is now expected to go to federal court.

U.S. Supreme Court Intervenes in Ohio Initiative Lawsuit

On April 10, Justice Brett Kavanaugh reimposed the stay in Brown v Yost, 24A970. This is the case over whether the Ohio procedures for initiatives violate the U.S. Constitution. On April 9 the Sixth Circuit had ruled tentatively on favor of initiative proponents. Ohio then appealed to Justice Kavanaugh, who that same day suspended what the Sixth Circuit had done, for at least a short time. The initiative proponents will respond to the U.S. Supreme Court by April 16.

The issue is whether the Attorney General can prevent an initiative petition from starting to collect signatures, by refusing to approve the description of the initiative that would appear on the petition. The Attorney General had rejected eight versions of the language, which made it impossible for the proponents to have enough time to collect the needed signatures.

The U.S. District Court had ruled against the state but had stayed its own opinion. Then the Sixth Circuit had ended the stay, but it is now back in force.

Delaware House Passes Bill Moving Non-Presidential Primary from September to April

On April 7, the Delaware House passed HB 65, which moves the non-presidential primary from September to April. The bill would require minor parties (which nominate by convention) to have chosen their nominees by the fourth Tuesday in February. Therefore, the bill is discriminatory, because the major parties would not have chosen their nominees until April.

Similar bills have passed the Delaware House in the past, but they have never passed the State Senate.