CASE TRACKER

Three related series of cases:

(1) Case filed (now resolved) in Wake County Superior Court contesting Board of Elections alleged delay in reaching a decision on challenges to validity of certain ballots; Griffin asserted that the ballots should not be counted due to voters not providing required information when registering, overseas voters never residing in NC, and overseas voters not providing valid ID with their ballots.

(2) Case initially filed in the North Carolina Supreme Court seeking to prevent certification of the results of the election for a seat on the North Carolina Supreme Court sought by the petitioner; The petitioner sought to invalidate over 60,000 ballots due to the alleged illegalities mentioned above involving voter registration and overseas voters. The North Carolina Supreme Court has referred to this case as "Griffin I."

(3) Three separate cases filed in Wake County Superior Court arguing that the Board of Elections decision denying Griffin relief was legally incorrect, again asserting that over 60,000 ballots should not have been counted due to incomplete voter registration and problems with the ballots of overseas voters. The North Carolina Supreme Court has referred to this case as "Griffin II."

Plaintiff is suing Defendants for violations of the Help America Vote Act (HAVA), alleging that Defendants failed to maintain an accurate statewide voter registration list and used a non-compliant voter registration form that did not require applicants to provide a driver's license number or the last four digits of their Social Security number. Further, Plaintiff claims Defendants admitted the violations but failed to take sufficient corrective actions, such as updating the voter registration list or contacting affected voters to obtain missing information. Lastly, Plaintiff alleges that Defendants' actions resulted in significant non-compliance with HAVA's requirements for elections for federal office.

Whether the federal election-day statutes, 2 U.S.C. § 7, 2 U.S.C. § 1, and 3 U.S.C. § 1, preempt a state law that allows ballots that are cast by federal election day to be received by election officials after that day.