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Result uncertain in State Supreme Court race 10 days after Election Day

As of Friday night, incumbent Associate Justice Allison Riggs (D) led by 106 votes.

GREENSBORO, N.C. — 10 days after polls closed on Election Night, the result in a State Supreme Court race remains uncertain.

It appeared that State Appellate Court Judge Jefferson Griffin (R) held the edge in the aftermath of the election. However, as provisional ballots came in, State Supreme Court Associate Justice Allison Riggs (D) now leads the race by just 106 votes. 

Griffin initially led by about 10,000 votes. County boards of elections then started the canvassing period. That includes tallying up provisional ballots. Poll workers give people a provisional ballot when they can't verify their eligibility to vote. Election workers then verify if someone is eligible to vote during that canvass period.

In this situation, provisional ballots and other tally adjustments have swung the results in favor of Riggs.

Riggs reacted to the lead change Friday night on social media, saying in part: "We’re watching good election administration in action. I’m grateful to our election workers across the state who are working hard to ensure every vote counts."

WFMY News 2 reached out to Griffin's campaign Friday night and is waiting for comment.

Some counties have not finished their canvass period, according to the State Board of Election. Forsyth and Randolph counties are included.

The state said counties reported several reasons for not finishing the canvass. Among them, some said they needed more time to determine eligibility on some provisional ballots. Forsyth and Randolph County Boards of Election reconvene Monday to resume their work.

This race is likely headed toward a recount. State law allows the second-place finisher in a statewide race to demand a recount if the candidates are separated by 10,000 votes or fewer. The recount would be completed before the State Board of Elections completes its canvass and certifies results on Nov. 26.

Right now, Republicans hold a 5-2 advantage on the state's highest court. If Riggs keeps her seat, that margin holds.

Riggs took the bench in Sept. 2023. Gov. Roy Cooper (D-NC) appointed her after longtime Justice Michael Morgan stepped down. Griffin has served on the State Court of Appeals since 2020.

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