RALEIGH, N.C. — Superior Court Judge Paul Ridgeway denied Mark Harris' election certification request Tuesday, saying the election board has the authority to complete its investigation.
Judge Ridgeway ruled the state board of elections was in the best position to weigh the issues related to the election.
State board investigators will continue looking into irregularities including absentee voting in the election. Election staff is preparing for a public evidentiary hearing to provide state voters with the issues at hand.
After the hearing, state board members are expected to decide whether to certify a winner or order a new election.
Five members are expected to be appointed to the state board on or after January 31. Both parties said they will be sending the names of nominees to the governor by the end of the week.
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“We look forward to providing a full accounting of what transpired once a Board is seated,” said Kim Westbrook Strach, state board executive director. “Public confidence in our elections system demands it.”
The hearing in Raleigh comes more than two months after election day. Harris beat his Democratic challenger Dan McCready by 900 votes, but there are serious questions surrounding absentee ballots in two counties.
"Since this whole experience began with the State Board of Elections, we have been committed to seeing the process followed and concluded," Harris said in a statement Tuesday. "The hearing today in NC Superior Court was a place to turn when we found no place to turn but for their authority to grant a writ of mandamus."
Harris said that the decision came without any evidence to suggest the outcome of the race is in question. He also added that his team "will continue to cooperate with the investigation and hope for a speedy resolution."
State board investigators said Tuesday the fraud could be so far-reaching, it could exceed the number of votes that decided the race.
On Monday evening, the Mark Harris for Congress Campaign announced the congressman-elect would be unable to attend the hearing due to an illness. Harris has been dealing with complications stemming from an infection, according to the statement.
"This is a big week for us, and I'm disappointed I can't be there in person at the hearing in Raleigh," Harris said. "I have full confidence in our team that will be on hand to make our case for certification. The doctors expect a quick, full recovery and I look forward to representing the citizens in Congress soon once we receive certification.”
Before the hearing, both sides of the investigation had made their final pleas.
"We've now gone on seven-some weeks without certification of this race and there's no evidence to show that this race has ever been in doubt," said Dallas Woodhouse, executive director of the North Carolina Republican Party.
Wayne Goodwin, chairman of the North Carolina Democratic Party, was upset about the announcement of the hearing.
"It is shameful that they, today of all days, chose to push this fantasy that Mark Harris should be allowed to steal this congressional seat," Goodwin said.
The state board of elections has refused to certify the 9th District race amid reports of possible widespread election tampering and vote theft.
"There can be no place for election fraud in our democracy. Election fraud is an attack on our democracy. If election fraud took place, that's not a Democrat issue, that's not a Republican issue, that is an American issue and those responsible need to be brought to justice," said McCready spokesperson Aaron Simpson.
There's a deep divide on whether the investigation has any merit, some saying there is no public evidence of the absentee ballot destruction, while others believe not investigating the allegations would be obstructing justice.
Both parties submitted dozens of documents that a judge has been pouring over for more than a week. Democrats don't see how a judge could side with Harris on the matter.
"It is deeply unsettling that North Carolina Republicans are honoring Dr. King's legacy by pushing a false narrative that centers on keeping some of our most vulnerable communities silent," Goodwin said.
Leaders in the 9th District Republican stronghold of Union County believe their voice is being silenced.
"The action of our voters has to mean something," one man said. "87,000 votes in Union County have to mean something. They can't just be erased when there is no evidence justifying to do so."