Federal injunction sought in North Carolina Supreme Court election

An uncertified election for North Carolina Supreme Court took another step in federal court Monday, a business day after the suspension from federal court of a state elections board member’s spouse earlier mired in recusal controversy of that race.

In U.S. District Court for the Eastern District of North Carolina Western Division, Republican Jefferson Griffin asked for a preliminary injunction so the North Carolina State Board of Elections cannot certify a 734-vote win by Democratic incumbent Allison Riggs. Griffin asked for a decision on the injunction by Jan. 9, which he expects to be a day before the state panel could vote to issue an election certificate.

The case petition is before Chief District Judge Richard Myers. A hearing is possible Jan. 7 or 8.

Six protests by Griffin, three under jurisdiction of the state board and three at the county board level, have been dismissed. He’s litigating a dismissal of a protest involving more than 60,000 ballots.

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.

It was Dec. 11 when the protests under state board jurisdiction were handled. The request in that meeting for board member Siobhan Millen to recuse herself was dismissed by Chairman Alan Hirsch and she participated and voted. Millen’s husband Pressly is a Womble Bond Dickinson partner, the law firm representing Riggs.

On Friday, U.S. District Judge Martin Reidinger suspended Pressly Millen from practicing in his district for actions, or lack thereof, in an international case. According to published reports at Law360, he gave a false statement to a Dutch court, ignored 12 pending claims, and stayed silent rather than offering affirmation he was complying with a judge’s orders or that a Dutch counsel was obstructing him.