NC Supreme Court candidate challenges loss using theory even election deniers deem extreme

Months before voters went to the polls in November, a group of election skeptics based in North Carolina gathered on a call and discussed what actions to take if they doubted any of the results.

One of the ideas they floated: try to get the courts or state election board to throw out hundreds of thousands of ballots cast by voters whose registrations are missing a driver’s license number and the last four digits of a Social Security number.

But that idea was resisted by two activists on the call, including the leader of the North Carolina chapter of the Election Integrity Network. The data was missing not because voters had done something wrong but largely as a result of an administrative error by the state. The leader said the idea was “voter suppression” and “100%” certain to fail in the courts, according to a recording of the July call obtained by ProPublica.

This novel theory is now at the center of a legal challenge by North Carolina appeals court Judge Jefferson Griffin, a Republican who lost a race for a state Supreme Court seat to the Democratic incumbent, Allison Riggs, by just 734 votes and is seeking to have the result overturned.

The state election board dismissed a previous version of the challenge, which is now being considered in federal court. Before the election, a Trump-appointed judge denied an attempt by the Republican National Committee to remove 225,000 voters from the rolls based on the same theory.

The latest case is getting attention statewide and across the country. But it has not yet been reported that members of the group that had helped publicize the idea had cast doubt on its legality.

“I don’t comment on pending litigation,” Griffin wrote to ProPublica in response to a detailed list of questions. “It would be a violation of our code of judicial conduct.”

Embry Owen, Riggs’ campaign manager, disputed the challenge and called on Griffin to concede. “It’s not appropriate for this election to be decided in court, period. NC voters have already made the decision to send Justice Riggs back to the Supreme Court,” she said.

The theory Griffin is citing originated with a right-wing activist, Carol Snow, who described herself to ProPublica in an email as “a Bona Fide Grade-A Election Denier.” Snow promoted it with the help of the state chapter of the Election Integrity Network, a national group whose leader worked with President Donald Trump in his failed effort to overturn the 2020 election. The network also was behind extensive efforts to prepare to contest a Trump loss this year in other states, as ProPublica has reported, as well as in North Carolina, according to previously unreported recordings and transcripts of meetings of the state chapter.

State election officials have found that missing information on a voter’s registration is not disqualifying because there are numerous valid reasons for the state’s database to lack those details.

Those reasons include voters registering before state paperwork was updated about a year ago to require that information or using alternate approved documents, such as a utility bill, to verify their identities. What’s more, voters must still prove their identity when casting a ballot — most often with a driver’s license. “There is virtually no chance of voter fraud resulting from a voter not providing her driver’s license or social security number on her voter registration,” attorneys for the state election board wrote in response to the RNC lawsuit.

Bob Orr, a former GOP state Supreme Court justice who left the Republican Party in 2021, said he too doubts the theory. “I appreciate fighting for every vote: If you honestly think illegal votes have been cast, it’s legitimate to try to prove that,” he said. “But the bottom line is: Did anyone vote illegally? Have you been able to prove one person voted illegally? At this point, no. And we’re weeks past the election and multiple recounts, and there’s no evidence of that.”

In modern history, the state board’s decision on who wins elections has been final, said Chris Cooper, a professor specializing in North Carolina politics at Western Carolina University. That includes an even tighter race in 2020, when a Democratic justice conceded to a Republican after protesting her 401-vote loss to the board.

“We’re used to close elections, we’re used to protests, we’re used to candidates pushing every legal action up to the point the state election board rules,” Cooper said. But, he added, there is an important difference with Griffin’s petition, which goes beyond the state election board to the courts.

“This is basically saying the state elections system is wrong, and we’re going to court to try to change the rules of the game after the game has been played — which is unprecedented.”

In July 2024, the North Carolina chapter of the Election Integrity Network convened online to plan its efforts ahead of the presidential election. Worried about a surge of voter registrations from nonwhite voters who they believed would back Democrats, the activists discussed how to assemble a “suspicious voters list” of people whose ballots they could challenge.

Then, one of the group’s board members, Jay DeLancy, said he had another idea “that’s a lot slicker.”

DeLancy said that if a candidate lost a close election, the loss could be overturned by questioning the validity of voters whose registrations are missing their driver’s license and Social Security information. “Those are illegal votes,” he claimed. “I would file a protest.”

Jim Womack, the leader of the chapter, immediately pushed back: “That’s a records keeping problem on the part of the state board. That’s not illegal.”

Later in the call Womack said, “I’m 100% sure you’re not going to get a successful prosecution.” And he told the group, “That’s considered to be voter suppression, and there’s no way a court is going to find that way.”

But DeLancy asked for backup from the originator of that theory: Carol Snow. She argued that her theory could in fact overturn the outcome of an election.

“I guess we’re gonna find that out,” Snow said.

Snow is a leader of the conservative activist group North Carolina Audit Force and lives in the state’s rural mountains. After Trump’s loss in 2020, she threw herself into questioning the election’s results. In 2022, she accompanied a pair of far-right activists to a North Carolina election office where the two men unsuccessfully tried to forcefully access voting machines, and she participated in a failed pressure campaign to oust the election director who resisted them, ProPublica previously reported.

She also began filing overwhelming numbers of records requests and complaints to state election officials, an effort that Womack praised on the July call: “I think Carol has shown a way of really harassing — not that we want to do it for harassment purposes — but really needling the Board of Elections to do their jobs by just constantly deluging them.”

Since late 2021, the state elections board had spent far more time on her requests and complaints than those of any other individual, spokesperson Patrick Gannon said in a statement. “Ms. Snow’s constant barrage of requests and complaints causes other priorities and responsibilities to suffer,” Gannon said.

Snow described her work to ProPublica as “simply taking the time to learn about my state’s electoral process” and acting for the public good. “The records I’ve requested are owned by the public. In other words, I’m asking for what belongs to me,” Snow wrote to ProPublica. “If government agencies are understaffed and unable to comply with this state’s Public Records law, they should address the issue with the entities that fund them.”

In the fall of 2023, Snow filed a complaint alleging that North Carolina’s voter registration form did not clearly require voters to provide their driver’s license number and the last four digits of their Social Security number, as required by federal law — instead that information was coded as optional. Snow later described the missing information as a “line of attack” through which bad actors could cast fraudulent votes using fake identities. (A right-wing conspiracy theory holds that this was how Biden won the 2020 election.)

But she was not able to demonstrate that the missing information had led to anyone improperly voting. After obtaining public records for hundreds of thousands of voter registrations, Snow provided the state board with only seven examples of what she called potential double voting. The state board found all seven to be innocuous things like data entry errors.

The state board quickly updated the form to require the information. But from late 2023 through the fall of 2024, six complaints, some of which were partly based on Snow’s theory, were filed with the state election board. Aside from the updates to the form, the state board dismissed the complaints.

By the time of the July call, some of Snow’s peers seemed dismissive as well.

“I’m not suggesting that we can’t arm a candidate that loses a short, a close race with the information they need to file a protest using this,” Womack said on the call. “But I would just suggest to you that that’s not the way to win on this thing.”

Yet the information did end up in the Republican National Committee’s lawsuit trying to disqualify 225,000 voters, a challenge DeLancy filed against Riggs’ victory in North Carolina’s most populous county, and, the day after that was dismissed, Griffin’s challenge to over 60,000 voters.

DeLancy wrote to ProPublica that he filed the challenge on his own and did not coordinate with Griffin. He also said he disagreed with Womack’s description of such challenges as “voter suppression.” Instead, he said, he saw it as “a proper response” to the state election board’s “violation of federal law.” “Carol Snow deserves an Order of the Long Leaf Pine for exposing this treasonous behavior on the part of the election officials,” he wrote, referring to an award bestowed by North Carolina’s governor.

Womack wrote to ProPublica that the group he leads “is a non-partisan, neutral organization” that does “not favor one party over another.”

He also said that recordings of the group’s calls are “prohibited and violate our internal policies” and “whatever bootleg recording you may have is unauthorized and may well be altered.” ProPublica has seen a video recording of the call and verified portions of it with some participants.

Though Griffin’s challenge of Riggs’ victory is now being considered in federal court, legal experts say it could still end up back where he intended: in front of the state Supreme Court.

Griffin’s petition is making what experts describe as extreme asks to the Supreme Court: to allow him to bypass the lower courts, to allow ballots to be thrown out without proving that voters did anything knowingly wrong and to essentially decide whether to change its composition to six Republicans and one Democrat.

“Even if they do their best to be open-minded and independent, the facts of the potential conflicts of interest are just too obvious to the public,” said Orr, the former Republican justice.

Griffin has described Republican Supreme Court Chief Justice Paul Newby as a “good friend and mentor,” and Newby promoted Griffin’s 2020 run for the court of appeals. What’s more, a ProPublica review of campaign finance reports show that the spouses of three justices, including Newby’s wife, donated over $12,000 to Griffin’s most recent or previous campaigns. (The husband of the Supreme Court’s other Democratic justice donated to Riggs.)

Newby and other justices did not respond to a detailed list of questions sent to spokespeople for the Supreme Court.

When announcing his candidacy for the Supreme Court, Griffin declared, “We are a team that knows how to win — the same team that helped elect Chief Justice Paul Newby and three other members of the current Republican majority.”

A cartoon illustration that hangs in the Supreme Court depicts all the Republican appellate jurists as superheroes from the Justice League, with Newby caricatured as Superman and Griffin as the Flash.