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CJ update: Harris will get court hearing to consider request to be certified winner in 9th District

Carolina Journal’s Dan Way reports:

Republican Rep-elect Mark Harris will get his day in court. Thursday, Jan. 3, he filed a petition in Wake County Superior Court seeking to declare him the victor in the 9th U.S. Congressional District election. Harris cites a recent precedent by the same court to support his demand.

Late Thursday afternoon, Superior Court Administrator Kellie Myers said the court would hold a hearing on Harris’ request. A date for the hearing wasn’t set. But the parties were asked to submit briefs to the court no later than Monday, Jan. 14.

Libertarian Jeff Scott, who ran against Harris in the Nov. 6 election, came out in support of his GOP opponent. He chided Democratic runner-up Dan McCready for refusing to demand a recount of his 905-vote loss and then casting doubt on the integrity of the outcome.

Scott questioned the state Board of Elections’ statutory authority to investigate results of the congressional race even though a formal protest wasn’t filed, and he accused Democrats of orchestrating a circus-like spectacle.

The 9th District election is the nation’s last undecided race. The now-defunct Bipartisan State Board of Elections and Ethics Enforcement refused to certify the results, launched an investigation, and scheduled an evidentiary hearing Jan. 11. A court order dissolved the unconstitutionally structured board and the hearing was scuttled when Democratic Gov. Roy Cooper abandoned plans to convene an interim board.

Follow along here at Carolina Journal for updates on this story.

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