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Hearing under way in Wake County superior court. Mark Harris (R) is seeking to have the court order the state board to certify him the winner of the election in the state's 9th congressional district. Watch here: wsoctv.com/live-stream
Judge Ridgeway questions Harris attorney whether there is anyone the court can order to certify an election because the state board dissolved. Attorney says the board's executive director still has authority.
Judge Ridgeway is suggesting Harris can wait until Jan 31 to take up their arguments about certification with new North Carolina state board of elections
Harris attorney is saying that a court would give certainty in the matter. Judge Ridgeway says he is asking the court to exercise "extraordinary power" and it would be "highly unusual" for court to step in in this circumstance
Ridgeway: I'm not sure that the uncertainty you're discussing solves anything
Ridgeway: How can I remove that discretionary function from the board and declare a victor?
Harris attorney says the reason the NC State board of election and ethics enforcement was dissolved was because of "their own misconduct." I don't believe that is accurate.
The legislature made unconstitutional changes to the NC elections board, judges rule newsobserver.com/news/politics-…
Attorney representing NC State board of elections: "It's an open question who won this election," referring to #NC09
NC state board attorney says he hasn't seen state board investigation materials, but can say pretty comfortably he believes the information in #nc09 calls margin of Harris victory into question
NC Board attorney saying that he doesn't see how Harris campaign can say the evidence the board has doesn't show outcome of #NC09 election. "I'm the board's counsel and I don't know that."
"I don't think this is usurping the will of the voters. This is confirming the will of the voters. We want to be sure that we get this right," he says.
Court is taking a brief recess. Attorney representing NC board is arguing that the state board isn't refusing to certify #NC09. It's taking the time to make sure they get the result right, he says.
@marceelias, attorney for @McCreadyForNC, now addressing the court
@marceelias @McCreadyForNC Harris attorney says he is "deeply troubled" by statement from NC State board attorney that margin of race could be in question while also saying he doesn't know what evidence is investigation
@marceelias @McCreadyForNC Judge Rigeway is taking a 20 min recess, indicates he may rule when court comes back (also says he may take matter under advisement further)
@marceelias @McCreadyForNC Court is coming back in session
@marceelias @McCreadyForNC Breaking news: Wake County superior court judge will not order state board to certify Mark Harris winner of #nc09 election
The petition for mandamus is denied.
Basically the judge said that the state board was investigating, it had no legal obligation to certify while an investigation was ongoing. The dissolution of the board (via court order from federal court) did not end the investigation.
One correction here: The order dissolving the board came from a panel of state judges, not federal ones
