The North Carolina Supreme Court heard oral arguments in the case of Bouvier v. Porter, which involves four voters from Guilford and Brunswick County who allege they were defamed by supporters of former Gov. Pat McCrory after the 2016 election. The plaintiffs’ attorney warned that the court’s decision could set a precedent allowing political operatives to make voter fraud allegations without consequence. Both sides faced tough questioning from the justices, with most inquiries directed towards the plaintiffs.
The case stems from election protest petitions filed by supporters of McCrory’s opponent, Gov. Roy Cooper, alleging voting irregularities, including accusations that the plaintiffs had voted twice. One of the petitions was dismissed for lack of evidence, and another was withdrawn. The case made its way to the North Carolina Supreme Court after an appeals court ruling in 2021 that granted absolute privilege to one defendant while denying it to others, including the law firm and committee representing McCrory.
Absolute privilege is a legal concept that protects individuals from liability for potentially defamatory statements made in certain settings, such as judicial or legislative proceedings. The defendants argued that they should be shielded from liability under this privilege, as they were participating in an informal election protest filing. The plaintiffs’ attorney argued that the defendants did not meet the criteria for absolute privilege and urged the court to uphold the appellate decision.
During the hearing, several justices raised concerns about the scope of the absolute privilege and whether allowing certain individuals to make defamatory statements without consequence could have broader implications. The lead plaintiff expressed disappointment in the justices’ questioning, emphasizing the importance of the case given the current political climate. The outcome of this case could have far-reaching implications for how voter fraud allegations are handled in future elections.
It is unclear when the North Carolina Supreme Court will issue a ruling in Bouvier v. Porter, but the decision could impact how voter fraud allegations are treated in future elections. The plaintiffs, who allege they were defamed by supporters of a political candidate, are seeking clarity on whether the defendants are protected by absolute privilege in making their claims. The case highlights the complex legal issues surrounding defamation and the rights of individuals to challenge election results without facing legal consequences.
