David Graham for The Atlantic:

Yesterday marked four months since Election Day, but North Carolinians somehow still don’t know who will fill a key seat on the state supreme court.

The problem is not that no one knows who won. Justice Allison Riggs, an incumbent Democrat, won by a tiny margin—just 734 votes out of 5,723,987. That tally has been confirmed by two recounts. But certification is paused while Republican challenger Jefferson Griffin, a judge on the state court of appeals, asks courts to throw out roughly 60,000 votes and put him on the state’s highest court.

The votes that Griffin has challenged fall into three groups. Most are from North Carolina residents whose voter registrations don’t include driver’s license or Social Security numbers. Although this is now required by law, these voters registered using old forms that did not require either; the state never asked these voters to reregister. The second set belongs to overseas residents who have never lived in the state, such as the adult children of North Carolinians who live abroad; state law entitles them to vote in-state. A third consists of overseas voters, including some members of the military, who didn’t submit photo identification with their ballot, again because it was not required.

Griffin doesn’t allege that these voters did anything wrong; in fact, as ProPublica’s Doug Bock Clark reported, Griffin himself twice voted under the overseas-voting law while deployed in the National Guard. But now he argues that their votes should be junked for administrative and clerical discrepancies that were not their fault, and he did not express any concerns about these votes until after he appeared to have lost the race.

“What Judge Griffin is asking is for the courts to change the rules of the election after the election has already happened, and for the courts to allow him to hand-select the votes that shouldn’t count, so that he can be declared the winner,” Eliza Sweren-Becker, a senior counsel who works on voting rights at the Brennan Center for Justice, told me. “That is absolutely unprecedented.”…

The decision is now essentially up to Republican jurists. The appeals court has a 12–3 GOP majority, though Griffin is recused from the case. Riggs has also asked that Judge Tom Murry be recused, because Murry contributed $5,000 to Griffin’s legal fund in this case, but Griffin has indicated that he’ll oppose the request. Once the appeals court rules, the case may go to the supreme court, where the GOP has a 5–2 majority (and a recent history of intense partisan acrimony); Riggs, too, is recused from this case. Griffin appears to be asking his own party members to hand him a seat—an impression not helped if Murry stays on the case. (Griffin has declined to comment while the case is in court.)

All of this may be an affront to North Carolinians, but voting experts told me that the outcome matters for America as a whole as well. Rick Hasen, a law professor at UCLA who has contributed to The Atlantic, told me it could end up at the U.S. Supreme Court. “Many of us were worried about subverted election outcomes at the presidential level starting in 2020,” he wrote in an email. “But this is the first serious risk at a lower level. Raising these kinds of issues after the election to disenfranchise voters and flip election outcomes risks actual stolen elections potentially blessed by a state supreme court.”…