Former Republican and Democratic Members of Congress Urge Fourth Circuit Court of Appeals to Keep State Supreme Court Election Case in Federal Court

Press Release
January 17, 2025

A group of former Republican and Democratic Members of Congress, including former Senate Majority Leader Tom Daschle, former House Majority Leader Richard Gephardt, and former Reps. Wayne Gilchrest, Jim Greenwood, Steven Israel, Christopher Shays, and Robert Wexler have filed an amicus brief with the Fourth Circuit Court of Appeals in Griffin v. North Carolina State Board of Elections, a case concerning the recent election to the North Carolina Supreme Court. After having lost on Election Day, and in two recounts, candidate Judge Jefferson Griffin is seeking to throw out nearly 60,000 votes.

Because of the nature of Griffin’s claims, the case is nearly certain to require an interpretation of the Help America Vote Act of 2002 (“HAVA”) as well as the National Voter Registration Act (“NVRA”).

The Amici voted for HAVA when Congress passed the law in 2002 (and most were in Congress and voted for the NVRA in 1993) making them uniquely situated to discuss Congress’s intent in passing HAVA. In the brief, they explain that Congress intended for federal court to be an available forum for disputes concerning HAVA. They also explain that there is no way for the Court to rule on the 60,000 votes without determining whether the NVRA permits throwing those votes out. Additionally, the Amici explain (contrary to the claims of the district court) that these statutes apply to state elections in North Carolina, because the state has a single voter registration system for both state and federal elections.

The brief was prepared by Norm Eisen, Tianna Mays, Jon Greenbaum, and Spencer Klein of State Democracy Defenders Fund on behalf of the amici listed below:

Thomas Daschle, Democrat, Senate Majority Leader from 2001 to 2003. Senator from South Dakota from 1987 to 2005. Representative from South Dakota’s 1st Congressional District from 1979 to 1983 and at-large Representative from 1983 to 1987.

Richard Gephardt, Democrat, House Minority Leader from 1995 to 2003. House Majority Leader from 1989 to 1995. Representative from Missouri’s 3rd Congressional District from 1977 to 2005.

Christopher Shays, Republican, Representative from Connecticut’s 4th Congressional District from 1987 to 2009.

Wayne Gilchrest, Republican, Representative from Maryland’s 1st Congressional District from 1991 to 2009.

Jim Greenwood, Republican, Representative from Pennsylvania’s 8th Congressional District from 1993 to 2005.

Steve Israel, Democrat, Representative from New York’s 2nd Congressional District from 2001 to 2013 and 3rd Congressional District from 2013 to 2017.

Robert Wexler, Democrat, Representative from Florida’s 19th Congressional District from 1997 to 2010.

State Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundation of our democracy — free and fair elections.