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Voter fraud case before NC Supreme Court may determine how much power state election officials have

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Voter fraud case before NC Supreme Court may determine how much power state election officials have


RALEIGH, N.C (AP) — North Carolina’s highest court could determine whether election officials retain special legal privileges that allow them to defame individual voters and set a precedent for how voter fraud claims are pursued.

The North Carolina Supreme Court is scheduled to hear oral arguments Thursday morning for Bouvier v. Porter — a suit that has lingered in state courts over the past seven years. The case centers around four voters from Guilford and Brunswick County who claim they were defamed by supporters of former Republican Gov. Pat McCrory in the aftermath of the 2016 election.

By a margin of 10,277 votes, Democratic Gov. Roy Cooper beat McCrory in the 2016 gubernatorial election. Afterward, McCrory supporters filed election protest petitions declaring voting irregularities had occurred, including accusations from Greensboro Republican official William Porter.

The election protests accused four people of voting twice in Guilford County, according to the plaintiffs’ 2017 lawsuit. Porter’s petition against three Guilford voters was dismissed for “lack of any evidence presented” and one protest in Brunswick County was withdrawn, according to an appeals court opinion.

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The plaintiffs claimed they were defamed by Porter’s petition and sought $25,000 in damages, the complaint says.

It’s not clear if the case will be decided before the 2024 election, according to one of the plaintiffs’ lawyers.

More defendants were named in an amended complaint later that year, including law firm Holtzman Vogel Josefiak Torchinsky and the Pat McCrory Committee Legal Defense Fund. Another plaintiff from Brunswick County was also added to the case when one of the original voters voluntarily left the case, according to the amended complaint.

But the case before the N.C. Supreme Court won’t determine if the allegations defamed the voters. Instead, it focuses on whether the defendants had a form of immunity known as absolute privilege to make those claims.

Absolute privilege is a legal term used in defamation cases to outline circumstances where someone is shielded from liability for potentially defamatory statements. The privilege is typically granted in judicial and legislative proceedings.

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A North Carolina appeals court gave plaintiffs a partial victory in 2021 by ruling that McCrory’s legal fund and the law firm did not have absolute privilege. They did rule, however, that Porter was granted the privilege because he operated within a “quasi-judicial election protest proceeding.”

But the defendants are arguing to the state Supreme Court bench that they should all have immunity. By not granting absolute privilege to all those involved, it prevents people concerned about elections from speaking “freely and fearlessly,” the brief read.

Bob Hunter, an attorney for the Pat McCrory Committee Legal Defense Fund, declined The Associated Press’ request for comment.

The defendants didn’t function in a capacity that would grant them absolute privilege, as they “ghostwrote” the petitions for others to sign off on, plaintiff attorney and chief counsel for the Southern Coalition for Social Justice Jeff Loperfido said. If the N.C. Supreme Court sides with the defendants, he said voter fraud allegations may be used to deter voters or sow distrust in state electoral systems.

“It’s really about the fundamental right to vote and about whether individuals, North Carolina citizens, can be used as political pawns in this way and have their names tarnished without consequences,” said Loperfido, who joined the case in 2018.

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Much has changed since the appeals ruling. One of the plaintiffs, Karen Niehans, died in early 2023, which caused her defamation claim to be dismissed, Loperfido said. The remaining plaintiffs are retirees, he said.

The N.C. Supreme Court’s makeup has also shifted since the appellate decision to comprise of five Republicans and two Democrats — both of whom had to recuse themselves after previously working as attorneys for the plaintiffs.

But a panel of all Republican judges doesn’t concern Loperfido because he views the case as nonpartisan.

“This could have been any losing candidate’s campaign effort to try to create enough smoke to delay certification or try to encourage the state board of election to review these protests in a certain way,” he said.

Now, both parties will await a decision after oral arguments conclude. Loperfido says that could take about six months, depending on whether the court wants to release an opinion after the 2024 election.

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North Carolina

‘Bonsai in the Blue Ridge’ exhibit brings dozens of displays to North Carolina Arboretum

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‘Bonsai in the Blue Ridge’ exhibit brings dozens of displays to North Carolina Arboretum


The North Carolina Arboretum will host a bonanza of bonsai this week with “Bonsai in the Blue Ridge,” a limited-time exhibition of more than 50 living sculptures as part of the American Bonsai Society’s Learning Seminar 2026.

Between June 4-7, arboretum visitors can explore the exhibits for a $5 admission fee, along with the arboretum’s regular parking fee. A press release from the arboretum said there will also be opportunities to register for seminars, workshops and tours led by bonsai artists for an additional cost.

GROWING YOUR GARDEN? PLENTY OF PLANTS FOR PURCHASE AT THE ARBORETUM’S SPRING SALE

“The American Bonsai Society brings together people who share a passion for bonsai. Through world-class publications and events such as the Learning Seminars, ABS promotes and educates, sharing techniques that showcase North American artistic expression and encouraging the use of plant species that grow well in the United States, Canada, and Mexico,” ABS Convention Chair Scott Barboza said in a written statement.

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FILE IMAGE of a bonsai plant that is part of the North Carolina Arboretum’s Bonsai Exhibition Garden. (Photo: North Carolina Arboretum)

Bonsai is the ancient art of shaping trees over time to create miniature living sculptures. The North Carolina Arboretum is no stranger to the art, having established the Bonsai Exhibition Garden in 2005, which showcases up to 50 specimens of traditional Asian bonsai subjects, tropical plants, American species and plants native to the Blue Ridge region.

IKEBANA INTERNATIONAL ASHEVILLE STAGES FLORAL DESIGN EXHIBITION AT NC ARBORETUM

“Bonsai in the Blue Ridge” takes place 5 to 7 p.m. Thursday, June 4, 9 a.m. to 5 p.m. Friday and Saturday, June 5 and 6, and 9 a.m. to noon Sunday, June 7.

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See a full schedule of events for this week’s seminar at americanbonsaisociety.org.



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Greenville Police Department Join Effort Promoting Safe Firearm Storage

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Greenville Police Department Join Effort Promoting Safe Firearm Storage


The Greenville Police Department joined community leaders in Pitt County this week to promote safe firearm storage as part of North Carolina’s annual NC S.A.F.E. Week of Action, the Greenville Police Department said.

In a statement, the Greenville Police Department thanked NC S.A.F.E. and the North Carolina Department of Public Safety for the opportunity to help educate residents about responsible firearm storage practices.

We want to thank NC S.A.F.E. and the North Carolina Department of Public Safety for allowing us to help relay to the community the importance of safely securing firearms so that we can avoid tragedies in the future!

The local event follows Gov. Josh Stein’s proclamation recognizing June 1-7 as NC S.A.F.E. Week of Action.

According to Gov. Stein’s office, the campaign aims to encourage gun owners to securely store firearms and make safety resources more widely available across North Carolina.

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An unlocked gun is a tragedy waiting to happen, and too often, it does,” said Governor Josh Stein. “NC S.A.F.E Week is a reminder to all of us about the measures we can all take to keep ourselves and the people we love safe.

Safe firearm storage is one of the simplest steps we can take to prevent tragedies before they happen,” said North Carolina Department of Public Safety Deputy Secretary William Lassiter Lassiter. “NC S.A.F.E. is increasing awareness around secure firearm storage and making safety resources more accessible to help reduce preventable injuries and build safer communities throughout our state.



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The Real Reason North Carolina’s GOP Is Proposing the Most Radical Anti-Abortion Bill Yet

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The Real Reason North Carolina’s GOP Is Proposing the Most Radical Anti-Abortion Bill Yet


Another anti-abortion abolitionist proposal has been in the news. This time, conservative lawmakers in North Carolina have asked voters to approve a state constitutional amendment recognizing the personhood of embryos and establishing that anyone who ends an embryonic life is guilty of first-degree murder. Those penalties might also apply to people pursuing in vitro fertilization or using some contraceptives, given that abortion foes sometimes view either as requiring the taking of unborn life. And that’s the most ordinary part of the proposal: The bill also provides that private individuals have a right to use deadly force to prevent “the willful destruction of life.” House Bill 1232 isn’t clear about exactly who could exercise this constitutional right to vigilante violence. Would it just be available to those seeking to kill abortion providers and patients? Or might it apply even more broadly to those seen to aid them?

The bill has been greeted with bafflement and disbelief. One of its co-sponsors was embarrassed enough to remove his name from the proposal. But the idea of licensing private violence did not come out of thin air. There have been decades of debate about the use of force within the anti-abortion movement. And as conservatives embrace an increasingly punitive agenda, old justifications for violence have reemerged.

Since the 1960s, abortion foes have rallied around the idea that constitutional rights begin the moment an egg is fertilized. That meant that liberal abortion laws would violate the federal Constitution. Because that claim didn’t gain traction in the federal courts, abortion opponents didn’t have to settle what it would mean in practice to enforce this idea of personhood. Did it require that abortion be punished as murder, or that women be punished? Might it instead require more support for women during pregnancy?

By the 1980s, as the anti-abortion movement aligned with the Republican Party, the movement’s leaders increasingly retooled their ideas of justice for the unborn to fit the GOP’s tough-on-crime agenda. They endorsed fetal homicide laws and backed prosecutions based on conduct during pregnancy. But these moves didn’t lead to the reversal of Roe, much less a decline in the abortion rate.

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Frustration led to a wave of lawbreaking. Operation Rescue, a clinic blockade group, invited supporters to use civil disobedience and break the law if necessary to stop people from entering abortion clinics. Operation Rescue disrupted the Democratic National Convention in 1992 and recorded thousands of arrests. Blockaders even developed a legal argument to justify their actions, drawing on the common law defense of necessity, which allows someone to break a law to achieve a greater moral good.

Some advocates went further. If abortion really were the murder of an equal person, they asked, why wasn’t it justified to use deadly force to protect that equal person?

Prominent figures in the late 1980s and early 1990s elaborated on that argument in books and talk-show appearances. The claim justified kidnappings, firebombings, and a series of murders of doctors, clinic staff, and security. Powerful anti-abortion groups denounced the violence, but the question of deadly force struck others as surprisingly complex. If a fertilized egg was an equal person, and if the way to protect that person involved violence, why was deadly force off limits?

While violence against abortion clinics and providers never went away, it receded from the peak of the 1980s and early 1990s. The federal Freedom of Access to Clinic Entrances Act, which heightened penalties for threats, violence, and obstruction of people entering facilities, radically undercut the clinic blockade movement when Congress passed it in 1994. So did the conviction of high-profile murder defendants like Michael Griffin and Paul Hill. The clinic blockade movement was consumed by internal divides, with multiple organizations even claiming the name Operation Rescue. Anti-abortion leaders mostly focused on change through the courts and politics.

Now that Roe is gone, the movement is at an inflection point. Personhood has become the movement’s new North Star. And while success in the federal courts isn’t imminent, there is now no reason a state couldn’t enforce any vision of personhood. That means that conservatives have to decide what they mean by enforcing the rights of the unborn. This bill is a sign that even punishing women doesn’t strike some as harsh enough.

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This bill won’t pass. For starters, North Carolina is not the most likely state to pass any abortion abolitionist bill; at the moment, it doesn’t even ban abortion from the moment of fertilization. And no state has yet passed any kind of abolitionist proposal, much less one allowing people to gun one another down in the name of protecting life.

But this bill has a different resonance now that Donald Trump has pledged not to enforce the FACE Act in the abortion context except in the most extreme circumstances. It is also a reminder of how the Overton window on personhood is shifting. Abolitionists who call for the punishment of women are gaining influence in state legislatures and movement debates. They have developed their own incremental approach: In South Carolina, for example, Richard Cash, a powerful lawmaker, tried this session to advance a bill punishing women for abortion, but only for a misdemeanor, rather than a felony. The bill became the second abolitionist proposal to pass through a committee this spring before time ran out to pass it this session.

Leading anti-abortion groups still speak out against abolitionists, but their strategy is clear: normalizing the idea of punishing women. The more extreme proposals conservatives advance, the more previously unthinkable ideas become politically realistic.



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