Welcome to the Monday, May 12, Brew.
By: Briana Ryan
Here’s what’s in store for you as you start your day:
- The last uncalled race of the 2024 election cycle has ended
- Texas voters to decide on two constitutional amendments in November
- Did you know 22 states and D.C. allow for same-day voter registration?
The last uncalled race of the 2024 election cycle has ended
Six months and numerous legal challenges later, the 2024 North Carolina Supreme Court election is officially over. On May 7, Jefferson Griffin (R) conceded to incumbent Justice Allison Riggs (D).
The partisan election resulted in the 5-2 Republican majority on the court remaining. Riggs and Justice Anita Earls (D)—who is up for re-election in 2026—are the only Democrats on the court. According to Politico, now that Riggs has won an eight-year term on the court, Democrats have “improved [their] efforts to retake a court majority later in the decade.”
According to the Associated Press, Riggs—who Gov. Roy Cooper (D) appointed to the court in 2023—has remained on the court since November. However, according to NBC News, Riggs recused herself when the matter came before the state Supreme Court. Additionally, Griffin recused himself when the matter came before the North Carolina Court of Appeals, which he has sat on since 2021.
Now, let’s look at the events leading up to Griffin’s concession.
At the end of the initial count, Riggs led Griffin by 623 votes. Under state law, the second-place candidate may request a recount if the first-place candidate leads by less than 10,000 votes. In response, Griffin requested two recounts—a hand recount and a machine recount—that both affirmed that Riggs won the election by 734 votes. On Dec. 10, 2024, the North Carolina Board of Elections said the second recount had not changed enough results to allow for a third recount. The board voted 3-2 to dismiss Griffin’s challenges a day later.
On Nov. 21, 2024, Griffin filed a lawsuit challenging 60,000 ballots. According to The New York Times, Griffin’s lawsuit challenged military and overseas voters, residents who didn’t live in the state but were registered to vote there, and people who did not provide proof of identification when they registered.
In response, Griffin sought an injunction to prevent certification and requested the state supreme court rule on the race. On Jan. 6, U.S. District Judge Richard Myers of the District Court for the Eastern District of North Carolina ruled that the state supreme court had to hear Griffin’s case. Additionally, on Jan. 10, after a request from Riggs’ attorneys, the U.S. Court of Appeals for the Fourth Circuit said it would agree to hear the case.
On Feb. 4, the Fourth Circuit ruled that the state supreme court should take the case. The case then moved to the state appellate court after Judge Paul Ridgeway of the Wake County Superior Court sided with the Board of Elections in dismissing Griffin’s case. On April 4, a panel of Court of Appeals judges ruled 2-1 to recalculate vote totals in line with Griffin’s challenge. The court gave voters with incomplete data 15 days to provide missing identification, or their ballots would not be counted.
On April 7, the state supreme court blocked the decision and ruled that the 60,000 challenged ballots could be counted. However, it extended the deadline to 30 days for military and overseas voters who did not provide ID or have their votes discarded. At the time, the total number of ballots affected was unknown.
On April 15, the state Board of Elections said in a U.S. district court filing, in response to a request for how many ballots were affected, that the number of affected voters was 1,675. On April 22, the Fourth Circuit blocked the state supreme court’s decision. On May 5, Myers ruled that the state Board of Elections had to certify Riggs’ win, though he gave Griffin a week to appeal. On May 7, Griffin declined to appeal the decision any further.
According to The New York Times, “Politically, North Carolina is one of the most fractious states in the nation.” President Donald Trump (R) won the state in the 2024 presidential election, while Gov. Josh Stein (D) won the state in that year’s gubernatorial election.
Thirty-three states held state supreme court elections in 2024. In total, 82 of the 344 seats on state supreme courts were up for election. Of the courts up in 2024, Democrats had a majority in nine states and Republicans had a majority in 24 states. Of the 82 seats up for election:
- Nonpartisan justices held 61
- Republican justices held 15
- Democratic justices held six
Republicans lost one state court, Democrats did not gain or lose control of a state court, and one court became a divided court.
Click here for a full account of events.
Texas voters to decide on two constitutional amendments in November
On Nov. 4, 2025, Texas voters will decide on two constitutional amendments—one on income taxes and another on business taxes. Today, we’ll give you the rundown on both of those amendments.
Let’s start with the Prohibit Capital Gains Tax on Individuals, Estates, and Trusts Amendment.
This amendment would prohibit the Texas Legislature from enacting taxes on realized or unrealized capital gains of an individual, family, estate, or trust, including a tax on the sale or transfer of a capital asset. The amendment would not apply to property taxes, sales taxes, use taxes on goods and services, or general business taxes on business activity.
A capital asset is property for personal investment, like stocks, bonds, real estate, and personal vehicles. Realized gains are the profits an individual makes from the sale of that investment, and unrealized gains are the potential profit an individual could make if they sold that investment at its current market value.
Currently, eight states, including Texas, do not tax capital gains. Those same eight states also do not tax personal income.
Now, let’s check out the Prohibit Taxes on Certain Securities Transactions Amendment.
This amendment would prohibit the Legislature from enacting an occupation tax on registered securities market operators or a tax on securities transactions.
The amendment defines “security” as it is in federal law. Federal law defines security to include stocks, bonds, investment contracts, options, and shares in businesses or resources like oil or gas, as well as certificates or agreements that show you own part of an investment or have the right to buy or sell one.
The amendment defines a “registered securities market operator” as one of the following entities that the U.S. Securities and Exchange Commission or the U.S. Commodity Futures Trading Commission registers and regulates:
- a self-regulatory organization, financial institution, broker, dealer, clearing agency, or transfer agent
- a national securities exchange
- an alternative trading system, board of trade, commodity pool operator, derivatives clearing organization, electronic trading facility, or organized exchange
- a trade reporting facility
The amendment would not prohibit the Legislature from imposing:
- A general business tax,
- A tax on minerals
- An insurance premium tax
- A sales tax on tangible property or services
- A fee on creating or processing documents
The Texas Legislature convenes its regular session in odd-numbered years, so the majority of Texas ballot measures have been featured on odd-numbered year ballots. Since 1876, Texas voters have decided on 711 measures—all constitutional amendments. Voters approved 530 and defeated 181.
Click here to learn more about the amendments Texas voters will decide in November.
Did you know 22 states and D.C. allow for same-day voter registration?
In 21 of those states, voters can register and vote at the same time on Election Day. North Carolina allows for same-day registration during the early voting period, but not on Election Day.
Twelve of the states with same-day registration have Democratic trifectas, six have Republican trifectas, and four have divided governments.
Click here to learn more about same-day registration. Click here to see arguments for and against same-day registration.