Those who helped file voting fraud allegations are protected from suit, North Carolina justices say

RALEIGH, N.C. (AP) — The North Carolina Supreme Court on Thursday threw out a defamation lawsuit against attorneys who assisted voters with submitting some 2016 ballot complaints, saying the fraud allegations they helped make were broadly protected within the protest process.

The 5-0 ruling overturns the decision of a lower appeals court that determined only those actively participating in the process were shielded from liability. It’s also a court victory for a legal defense fund for then-Republican Gov. Pat McCrory’s campaign, which also was sued.

Four registered voters had sued in 2017 for libel and for damages, saying they were wrongly accused of voter fraud by pro-McCrory forces just after the close election that was ultimately won by Democrat Roy Cooper.

The allegations made by two registered voters with the help of the law firm hired by the McCrory defense fund were quickly dismissed or withdrawn. The attorneys for the accused voters said that without successful civil action, political operatives could make such allegations and defame legal voters without consequence.

But Chief Justice Paul Newby, writing the court’s opinion, said that all of the defendants were entitled to “absolute privilege” from such claims. The protests before the county election boards are quasi-judicial proceedings, he said, and the statements made in the case were relevant to the matters at hand.

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