AARO Defends Overseas Voting Rights in North Carolina Case
The Brennan Center for Justice and local counsel Ballew Puryear filed an amicus curiae brief in the North Carolina Court of Appeals on February 27, 2025, on behalf of AARO, the U.S. Vote Foundation and impacted voters, asking the court to dismiss a lawsuit filed by Judge Jefferson Griffin.
AARO has long advocated for the voting rights of Americans abroad. In response to a legal challenge in North Carolina that threatens these rights, AARO again partnered with the U.S. Vote Foundation and the Brennan Center for Justice to file an amicus curiae brief (i.e., friend of the court brief), this time with the North Carolina Court of Appeals in the case Jefferson Griffin v. North Carolina State Board of Elections and Allison Riggs.
The case stemmed from Judge Griffin’s attempt to overturn his loss in the 2024 North Carolina Supreme Court election to Judge Riggs by invalidating over 60,000 ballots in 4 counties, including many from overseas voters. These ballots were submitted in full compliance with federal and state laws, yet Judge Griffin claimed after the election that the rules were illegal.
In the brief, AARO and the others urged the court not to throw out lawfully cast ballots, emphasizing that judicial approval of Griffin's efforts would create chaos and would open the floodgates to post-election litigation, destabilize the framework of laws and rules that enable election administration, and undermine faith and participation in the democratic process.
On March 28, 2025, in a 2-1 opinion (with a strong dissent), the North Carolina Court of Appeals sided with Judge Griffin in disqualifying voters in three categories, including overseas military and civilian voters and children born abroad of North Carolina voters. According to the court, overseas voters will have 15 business days to provide a copy of photo ID to “cure” their ballots (even though this requirement is not required by law). The court held that voters born abroad are not eligible at all to vote in North Carolina state elections.
AARO is disappointed by this decision and believes that it is fundamentally unfair to change the rules of the game after it has been played. In the meantime, we anticipate that this is not the final word as Judge Riggs has appealed the ruling to the North Carolina Supreme Court and the court granted Judge Riggs' request for a stay, putting the ruling on pause. As of this writing, AARO and its partners are waiting to see if the North Carolina Supreme Court will take up the appeal and will then consider their next steps.
You can read the amicus curiae brief here.
