A judge declined Tuesday to certify Republican Mark Harris as the winner of the 9th Congressional District election. The judge said Harris' legal team did not prove that the North Carolina Board of Elections had a legal obligation to certify a winner of a contested election on a specific timeline.Republican Mark Harris and Democrat Dan McCready are in a battle months after Americans cast their ballots in the race. Harris had about 900 more votes than McCready, but investigators said absentee ballots in the district appeared suspicious.Tuesday attorneys for both candidates explained to a judge why he should or should not step in and certify Harris as the winner. Ultimately, the judge decided Harris' team did not prove its case.North Carolina Democratic Party Chairman Wayne Goodwin released the following statement after the ruling:Harris' attorney, Alex Dale, argued the State Board of Election does have the right to investigate the election, but he said the board should have certified the election weeks ago."Dr. Mark Harris has asked for the investigation report to be release," Dale said. "He has asked for the investigation to go out. He wants it out to clear his name. Instead, we have been under a cloak of secrecy over what's being on, and it's outside of the statutory framework for certification."Harris himself is not in the courtroom Tuesday. He said he is recovering after getting an infection.</s>On the eve of the court fight about the weeks-long dispute over North Carolina's 9th Congressional District seat, the candidate leading in the vote count announced he will not be in the courtroom.Republican Mark Harris sent a statement to say he is suffering from complications from an infection. It was Harris who filed the lawsuit in Wake County Superior Court, so his attorneys are expected to argue for the judge, Paul Ridgeway, to step in and certify the election mired in allegations of fraud."This is a big week for us, and I'm disappointed I can't be there in person at the hearing in Raleigh," Harris wrote. "I have full confidence in our team that will be on hand to make our case for certification."Ahead of Tuesday's court hearing, state Republican and Democratic party leaders made their case at news conferences in Raleigh aimed at winning over the court of public opinion."Hopefully (the judge will) certify this race," said NC GOP Executive Director Dallas Woodhouse "Mark Harris got more legal votes."A few blocks down Hillsborough Street, Democrats at state party headquarters had a much different take on the case."This is nothing more than a second attempt to steal this election," said NC Democratic Party Chairman Wayne Goodwin.Tuesday's hearing may focus heavily on McCrae Dowless , a political operative hired by the Harris campaign, who according to witnesses, collected signed absentee ballots from voters -- in violation of state law.Before it was disbanded this month, the state board of elections was investigating Dowless' work and refused to certify Harris' 905-vote win over Democrat Dan McCready until the investigation was complete.Harris wants the judge to certify the race now"The state board probe is problematic and has been since day one," argued Union County GOP Chair Dan Berry.Cumberland County GOP member Susan Mills added, "Every county in the 9th Congressional District certified Dr. Mark Harris as the winner. No public evidence has shown the outcome is in doubt."McCready's attorneys will argue that state investigators should be allowed to continue their work when a new board of elections is seated Jan. 31; and, until then Harris should not be sent to Washington."(Republicans) are obstructing justice and trying to sweep under the rug systematic election fraud executed for the sole benefit of Mark Harris," said Goodwin. "It is not for the Republican Party to decide which votes count and which ones do not."Court proceedings get underway inside Wake County Superior Court at 10 a.m. Tuesday.Democrats hope the judge dismisses Harris' case. But if Harris wins and the judge certifies the election -- it's very likely Democrats will appeal.</s>(Reuters) - A North Carolina judge on Tuesday rejected Republican Mark Harris’ bid to be certified as the winner of a congressional vote at the center of an election fraud investigation, saying doing so would be a “dramatic intervention.”

FILE PHOTO: U.S. President Donald Trump greets Mark Harris, Republican candidate from North Carolina's 9th Congressional district, in Charlotte, North Carolina, U.S., October 26, 2018. REUTERS/Kevin Lamarque/File Photo

Harris claimed victory over Democrat Dan McCready, after initial results of the November election showed he had won the Ninth Congressional District race by 905 votes. Harris filed a petition earlier this month to certify the results of the vote.

Judge Paul Ridgeway said at a hearing in Raleigh, North Carolina, that it would be premature for him to intervene before the state elections board finished its investigation.

“Certification is not appropriate until the investigation into the protest is concluded by final decision,” the judge said, noting “it would be highly unusual for this court to step in.”

Since the election, residents of rural Bladen County have stated in affidavits that people had come to their homes and collected incomplete absentee ballots. It is illegal in North Carolina for a third party to turn in absentee ballots.

The State Board of Elections was to hold a hearing on Jan. 11 as part of its probe into possible election fraud involving the collection of absentee ballots. But Republicans refused to participate in the creation of an interim election board, which has left the race in limbo.

Lawyers for McCready and the state elections board told the judge on Tuesday that completion of the investigation was necessary because it could reveal evidence that calls into question the results of the vote.

Lawyers for Harris urged the judge to certify Harris as the district’s new congressman, saying there was nothing to contradict him as the winner and residents needed representation in Washington.

Neither candidate attended Tuesday’s hearing. Harris’ campaign said he was dealing with an illness.

A new state elections board will go into effect on Jan. 31. Board members will be able to call for an evidentiary hearing and could order a new vote. The U.S. House of Representatives also could rule on the election outcome.

“We are pleased that Harris’ frivolous request has been denied and that North Carolina can get back to investigating allegations of systematic electoral fraud committed on behalf of Harris’ campaign,” Wayne Goodwin, North Carolina’s Democratic Party chairman, said in a statement.

North Carolina Republican Party Chairman Robin Hayes said in a statement he was confident Harris would eventually be seated.</s>0 Judge denies certifying Mark Harris winner of NC District 9 election

WAKE COUNTY, N.C. - A North Carolina judge says there aren't grounds to step in and declare victory for the Republican in the country's last undecided congressional race amid an investigation into whether The Republican's lead was boosted by illegal vote collection tactics.

Superior Court Judge Paul Ridgeway on Tuesday rejected a lawsuit by Republican Mark Harris insisting he be declared the winner of the race for the 9th Congressional District. Harris' attorneys asked the judge to step in because they said the district urgently needs a representative in Washington, D.C.

BREAKING: Judge Ridgeway rules AGAINST Mark Harris. He will not order the NCSBE executive director to certify Harris as the winner #NC09 #ncpol @wsoctv — Joe Bruno (@JoeBrunoWSOC9) January 22, 2019

Harris narrowly leads Democrat Dan McCready in the contest, but the numbers have been clouded by doubt due to allegations that mail-in ballots could have been altered or discarded by a Harris subcontractor.

The State Board of Elections was disbanded by an unrelated court order last month, and a new one takes over in nine days. Gov. Roy Cooper has asked for nominations for the new elections board by Friday.

[SPECIAL SECTION: District 9 Investigation]

Ridgeway said Tuesday that he's unclear why Harris' lawyers insist he decide the winner when he doesn't know what investigators found. Ridgeway told attorneys it would be a “dramatic intervention” for him to order Harris’ certification. Ridgeway called Harris’ petition unusual.

Next step comes January 31 when a new NCSBE will go into effect. That board can then call for an evidentiary hearing where all of the evidence will be laid out #NC09 #ncpol @wsoctv — Joe Bruno (@JoeBrunoWSOC9) January 22, 2019

“The Board of Elections as it will be composed after January 31, 2019 will be in the best position to weigh the factual and legal issues associated with this pending protest,” Ridgeway said in a statement.

Harris attorneys argue NCSBE's ability to investigate does not change the timeline for when a certification should be issued #NC09 pic.twitter.com/aAe6pvBrOX — Joe Bruno (@JoeBrunoWSOC9) January 22, 2019

Attorneys for Harris argued certification is a process that has a mandatory timeline, and Harris should be certified as the winner while the election fraud investigation continues.

I'm in Wake County where attorneys for Mark Harris will ask a judge to order the executive director of NCSBE to certify Harris as the winner of #NC09 #ncpol @wsoctv pic.twitter.com/G5hqNs0loM — Joe Bruno (@JoeBrunoWSOC9) January 22, 2019

Harris' attorneys argued the judge should step in because the district's residents urgently need a representative in Washington, D.C. Harris’ attorneys told the judge that Harris and his wife have suffered because of this process. Attorneys told the judge responding to the State Board of Elections’ “overly broad” subpoena required 700 attorney hours.

Harris is represented by David Freedman, a criminal defense attorney from Winston-Salem. After the ruling, Freedman told a group of reporters that his team is not yet sure if it will appeal. Freedman said the focus is now on the inevitable evidentiary hearing.

[ALSO READ: NCSBE, Dan McCready respond to Mark Harris' petition for certification]

“We are disappointed for Dr. Harris and we are disappointed for the voters of the 9th Congressional District,” Freedman said. “We didn't make this decision to file a petition based on 'Oh, yes, we are going to win." We made this decision because we had no other forum to go to with our issues.”

[Channel 9 sits down with Mark Harris in one-on-one interview]

Senior Deputy Attorney General Amar Majmundar argued for the Board of Elections. Majmundar said evidence will be presented to show the margin of victory is in question but he has not seen the evidence personally. He also told the court there is an open question as to who rightfully won the 9th District election.

[ALSO READ: House Democrats to prepare own investigation into NC District 9 election fraud]

“I think this isn't usurping the will of the voters. I think it is confirming the will of the voters,” Majmundar said.

Dan McCready was represented by Marc Elias. Elias is a well-known Washington attorney who served as general counsel for the presidential campaigns of Hillary Clinton and John Kerry.

Elias argued Harris does not have the “clean hands” required for the writ of Mandamus. Harris’ attorney said he was offended by the comment. Elias argued the case cries for a trial of fact and not a ruling from a judge.

After the ruling, a spokesperson for Dan McCready said the McCready camp is pleased.

“The most important thing is that the people of North Carolina have a full clean investigation into election fraud,” McCready spokesman Aaron Simpson said.

Harris and McCready, did not attend Tuesday's hearing.

Harris said he could not be in attendance due to an illness stemming from an infection.

"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 in a statement. “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.”

On Monday in Raleigh, 9th District Republican leaders held a news conference with the North Carolina GOP in support of Harris.

Republicans said no public evidence has been produced to show the outcome is in doubt.

"We are of a belief that if the state of North Carolina certifies a race, then Congress will seat Mr. Harris,"

Dallas Woodhouse, NCGOP executive director, said.

The North Carolina Democratic Partyalso held a news conference ahead of Tuesday's court hearing.

Democrats accused Republicans of pushing a false narrative to steal a congressional seat.

"No amount of frivolous lawsuits can deliver that seat to him. Harris' lawsuit has no basis in reality," Wayne Goodwin,

NCDP chairman, said.

Earlier this month, the U.S. Committee on House Administration sent a letter to the State Board of Elections asking investigators to save evidence in case the House wanted to look at it later.

House Democrats have indicated they may refuse to seat Harris, even with certification.

Harris issued the following statement Tuesday following the court ruling on certification:

"Since this whole experience began with the State Board of Elections, we have been committed to seeing the process followed and concluded. 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.



"While we continue to maintain a 905 vote lead and the role of Congressman-elect for the 9th district of NC, the decision of the court today has extended the process even longer. While we have cooperated fully with the state’s investigation of alleged ballot irregularities, no evidence has been supplied that suggests the outcome of the race is in question. Nevertheless, by the decision today, we will continue to cooperate with the investigation and hope for a speedy resolution."

Read more top trending stories on wsoctv.com:

© 2019 Cox Media Group.</s>RALEIGH, N.C. — A judge declined Tuesday to certify Republican Mark Harris as the winner of the 9th Congressional District election, WTVD reports.

The judge said Harris’ legal team did not prove that the North Carolina Board of Elections had a legal obligation to certify a winner of a contested election on a specific timeline.

Republican Mark Harris and Democrat Dan McCready are in a battle months after Americans cast their ballots in the race. Harris had about 900 more votes than McCready, but investigators said absentee ballots in the district appeared suspicious.

Tuesday attorneys for both candidates explained to a judge why he should or should not step in and certify Harris as the winner. Ultimately, the judge decided Harris’ team did not prove its case.

North Carolina Democratic Party Chairman Wayne Goodwin released the following statement after the ruling:

“From day one, North Carolina Democrats have maintained that we need a full investigation into Republican Mark Harris’ efforts to silence voters across the Ninth district. We are pleased that Harris’ frivolous request has been denied and that North Carolina can get back to investigating allegations of systematic electoral fraud committed on behalf of Harris’ campaign. Only a full, public investigation can begin to repair the damage Mark Harris and North Carolina Republicans have inflicted on our state and our voters.”</s>On the eve of the court fight about the weeks-long dispute over North Carolina's 9th Congressional District seat, the candidate leading in the vote count announced he will not be in the courtroom.Republican Mark Harris sent a statement to say he is suffering from complications from an infection. It was Harris who filed the lawsuit in Wake County Superior Court, so his attorneys are expected to argue for the judge, Paul Ridgeway, to step in and certify the election mired in allegations of fraud."This is a big week for us, and I'm disappointed I can't be there in person at the hearing in Raleigh," Harris wrote. "I have full confidence in our team that will be on hand to make our case for certification."Ahead of Tuesday's court hearing, state Republican and Democratic party leaders made their case at news conferences in Raleigh aimed at winning over the court of public opinion."Hopefully (the judge will) certify this race," said NC GOP Executive Director Dallas Woodhouse "Mark Harris got more legal votes."A few blocks down Hillsborough Street, Democrats at state party headquarters had a much different take on the case."This is nothing more than a second attempt to steal this election," said NC Democratic Party Chairman Wayne Goodwin.Tuesday's hearing may focus heavily on McCrae Dowless , a political operative hired by the Harris campaign, who according to witnesses, collected signed absentee ballots from voters -- in violation of state law.Before it was disbanded this month, the state board of elections was investigating Dowless' work and refused to certify Harris' 905-vote win over Democrat Dan McCready until the investigation was complete.Harris wants the judge to certify the race now"The state board probe is problematic and has been since day one," argued Union County GOP Chair Dan Berry.Cumberland County GOP member Susan Mills added, "Every county in the 9th Congressional District certified Dr. Mark Harris as the winner. No public evidence has shown the outcome is in doubt."McCready's attorneys will argue that state investigators should be allowed to continue their work when a new board of elections is seated Jan. 31; and, until then Harris should not be sent to Washington."(Republicans) are obstructing justice and trying to sweep under the rug systematic election fraud executed for the sole benefit of Mark Harris," said Goodwin. "It is not for the Republican Party to decide which votes count and which ones do not."Court proceedings get underway inside Wake County Superior Court at 10 a.m. Tuesday.Democrats hope the judge dismisses Harris' case. But if Harris wins and the judge certifies the election -- it's very likely Democrats will appeal.</s>On the eve of the court fight about the weeks-long dispute over North Carolina's 9th Congressional District seat, the candidate leading in the vote count announced he will not be in the courtroom.Republican Mark Harris sent a statement to say he is suffering from complications from an infection. It was Harris who filed the lawsuit in Wake County Superior Court, so his attorneys are expected to argue for the judge, Paul Ridgeway, to step in and certify the election mired in allegations of fraud."This is a big week for us, and I'm disappointed I can't be there in person at the hearing in Raleigh," Harris wrote. "I have full confidence in our team that will be on hand to make our case for certification."Ahead of Tuesday's court hearing, state Republican and Democratic party leaders made their case at news conferences in Raleigh aimed at winning over the court of public opinion."Hopefully (the judge will) certify this race, said NC GOP Executive Director Dallas Woodhouse "Mark Harris got more legal votes."A few blocks down Hillsborough Street, Democrats at state party headquarters had a much different take on the case."This is nothing more than a second attempt to steal this election," said NC Democratic Party Chairman Wayne Goodwin.Tuesday's hearing may focus heavily on McCrae Dowless, a political operative hired by the Harris campaign, who according to witnesses, collected signed absentee ballots from voters -- in violation of state law.Before it was disbanded this month, the state board of elections was investigating Dowless' work and refused to certify Harris' 905-vote win over Democrat Dan McCready until the investigation was complete.Harris wants the judge to certify the race now"The state board probe is problematic and has been since day one," argued Union County GOP Chair Dan Berry.Cumberland County GOP member Susan Mills added, "Every county in the 9th Congressional District certified Dr. Mark Harris as the winner. No public evidence has shown the outcome is in doubt."McCready's attorneys will argue that state investigators should be allowed to continue their work when a new board of elections is seated Jan. 31; and, until then Harris should not be sent to Washington."(Republicans) are obstructing justice and trying to sweep under the rug systematic election fraud executed for the sole benefit of Mark Harris," said Goodwin. "It is not for the Republican Party to decide which votes count and which ones do not."Court proceedings get underway inside Wake County Superior Court at 10 a.m. Tuesday.Democrats hope the judge dismisses Harris' case. But if Harris wins and the judge certifies the election -- it's very likely Democrats will appeal.</s>FILE PHOTO: U.S. President Donald Trump greets Mark Harris, Republican candidate from North Carolina's 9th Congressional district, in Charlotte, North Carolina, U.S., October 26, 2018. REUTERS/Kevin Lamarque/File Photo

(Reuters) - A North Carolina judge on Tuesday refused to certify Republican Mark Harris as the winner of a congressional election that is under investigation for possible election fraud by the state's elections board.

"Certification is not appropriate until the investigation into the protest is concluded by final decision," Judge Paul Ridgeway said after a hearing in Raleigh, North Carolina.</s>(Reuters) - A North Carolina judge on Tuesday refused to certify Republican Mark Harris as the winner of a congressional election that is under investigation for possible election fraud by the state’s elections board.

“Certification is not appropriate until the investigation into the protest is concluded by final decision,” Judge Paul Ridgeway said after a hearing in Raleigh, North Carolina.</s>RALEIGH, N.C. (AP) — The Latest on a North Carolina congressional race for which a winner hasn't been finalized while an absentee ballot fraud investigation continues (all times local):

A North Carolina judge says there aren't grounds to step in and declare victory for the Republican in the country's last undecided congressional race amid an investigation into whether his lead was boosted by illegal vote-collection tactics.

Superior Court Judge Paul Ridgeway on Tuesday rejected a lawsuit by Republican Mark Harris insisting he be declared the winner. Harris' attorneys asked the judge to step in because they said the 9th congressional district urgently needs a representative in Washington, D.C.

Harris narrowly leads Democrat Dan McCready in the contest, but the numbers have been clouded by doubt due to allegations that mail-in ballots could have been altered or discarded by a Harris subcontractor.

The state elections board was disbanded by an unrelated court order last month, and a new one takes over in nine days.

A North Carolina judge is considering whether he must order the victory of the Republican in the country's last undecided congressional race despite an investigation into whether his lead was boosted by illegal vote-collection tactics.

Superior Court Judge Paul Ridgeway said Tuesday that he's unclear why Republican Mark Harris' lawyers insist he decide the winner when he doesn't know what investigators found.

Harris narrowly leads Democrat Dan McCready in the 9th District race. There are allegations that mail-in ballots could have been altered or discarded by a Harris subcontractor.

The state elections board was disbanded by an unrelated court order last month, and a new one takes over in nine days.

Harris's attorneys say the judge should step in because the district's residents urgently need a representative in Washington, D.C.

A North Carolina judge is considering a demand to order the victory of the Republican in the country's last undecided congressional race despite an investigation into whether his lead was boosted by illegal vote-collection tactics.

A trial judge in the state's capital of Raleigh hears arguments Tuesday in a lawsuit by Republican Mark Harris, who narrowly led Democrat Dan McCready in the 9th District race before the investigation started.

Lawyers for McCready and the state elections board want the lawsuit dismissed. They say a completed investigation and planned evidentiary hearing is needed into allegations that mail-in ballots could have been altered or discarded by a Harris subcontractor.

Democrats in the U.S. House indicate they'll also to look into the allegations.
North Carolina Superior Court judge Paul Ridgeway rejects the bid to certify Republican Mark Harris as the winner of the country's last undecided congressional race until there's a final decision in the investigation into possible illegal tactics.