Case Summary
This was a North Carolina state court defamation case on behalf of four registered voters (Louis M. Bouvier, Jr., Karen Andrea Niehans, Samuel R. Niehans, and Joseph D. Golden) who were wrongfully accused of committing fraud in the 2016 elections by voting in multiple states or being ineligible to vote because of felony convictions. The voters, represented by the Southern Coalition for Social Justice and pro bono attorneys from Womble Bond Dickinson (US) LLP, filed a defamation lawsuit in 2017 against former Gov. McCrory's agents from the Pat McCrory Legal Defense Fund and the Virginia-based firm of Holtzman Vogel Josefiak Torchinsky PLLC. SCSJ filed this claim to stand up for every eligible voter's right to cast a ballot without being intimidated or facing baseless accusations.
The NC Superior Court rejected defendants' argument that their statements were privileged (and could not be used as basis for a defamation lawsuit) because they were made in connection with election protests. The North Carolina Court of Appeals also rejected this argument because at least some defendants did not participate in the election protests. In a startling reversal, the North Carolina Supreme Court held in May 2024 that defendants need only be "involved" - but not necessarily participants - in election protests to make privileged statements immune from defamation lawsuits. This unwarranted and dangerously broad interpretation of privileged statements immune from defamation lawsuits puts North Carolina voters at risk of false accusations they have voted illegally and underscores the need for accountability for and efforts to combat voter intimidation and disinformation.
Why it's Important
This case shows the long and challenging fight of individual voters against all forms of voter intimidation, including when used as pawns in disturbing acts of political gamesmanship.
