Civil rights plaintiffs and the state of New York agreed to settle a civil rights lawsuit in which defendants Jacob Wohl and Jack Burkman were found to have broadcasted robocalls to more than 85,000 numbers in New York, Ohio, Michigan, Pennsylvania, and Illinois to deliberately misinform and intimidate Black voters into not voting by mail during the 2020 presidential election. 

Defendants agreed to make payments totaling $393,000. However, if they default on any of those payments, they will be liable for between $1 million to $1.25 million. The defendants also agreed to not share election-related mass communications that are intimidating, threatening, or include false or fraudulent information for eight years. If they want to distribute any election-related, unsolicited mass communication, they can do so only after the civil rights plaintiffs and the state of New York agree that the communication is not unlawfully threatening or intimidating.  

The Lawyers’ Committee for Civil Rights Under Law and Orrick, Herrington & Sutcliffe LLP filed the suit in October 2020 on behalf of the National Coalition on Black Civic Participation (NCBCP) and individual voters who received the robocalls. NCBCP was forced to divert resources from its census outreach efforts to respond to the robocalls. One of the individuals is no longer registered to vote as a result of receiving the robocall. 

The lawsuit was the first civil suit of its kind to be brought against perpetrators of voter intimidation using electronic communications. New York State Attorney General Letitia James joined on behalf of the People of New York as co-plaintiffs in 2021.  

The defendants intentionally sought out a Black voice actress to make a recording for their racially targeted voter suppression operation. In what they called their “black robo,” Wohl and Burkman sought to intimidate Black voters with false threats of repercussions involving the police, credit card companies, and mandatory vaccination, telling them to “beware of vote by mail.” 

Over the course of the lawsuit, the defendants were found to have violated the Voting Rights Act, Ku Klux Klan Act of 1871, Civil Rights Act of 1957, and New York state civil rights laws in a landmark civil rights decision. The settlement agreement comes just as the case was heading to trial on April 15, 2024, to determine the damages and other restitution the defendants would be required to pay for violating the civil rights laws. 

Damon T. Hewitt, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, the legal organization that represents NCBCP and the individual plaintiffs, said: “This groundbreaking settlement should send an emphatic message to anyone who aims to prevent Black people from exercising their right to vote. Voter suppression and voter intimidation are illegal, immoral, and anti-democratic. Regardless of whether the perpetrators are government actors or private citizens, your actions will have consequences, and you will be held accountable to the fullest extent of the law. At a time when orchestrated voter intimidation and disinformation campaigns are on the rise, we must all remain vigilant in working to ensure that access to the ballot is fair, easy, and accessible. Anyone who experiences or hears about an attempt to suppress your vote can call our non-partisan Election Protection Hotline, 866-OUR-VOTE, for information and help.” 

Melanie Campbell, president/CEO of NCBCP, said: “These men engaged in a conspiracy to suppress Black votes in the 2020 general election. They used intimidation and scare tactics, attempting to spread harmful disinformation about voting in an effort to silence Black voices. Their conduct cannot and will not be tolerated. This settlement serves as a marker for those who seek to engage in such efforts. There will be consequences for their actions. They will pay for the harm they cause to our democracy.”  

New York Attorney General Letitia James said: “The right to vote is the cornerstone of our democracy, and it belongs to everyone. We will not allow anyone to threaten that right. Wohl and Burkman orchestrated a depraved and disinformation-ridden campaign to intimidate Black voters in an attempt to sway the election in favor of their preferred candidate. Now they will pay up to $1.25 million dollars to my office, the National Coalition on Black Civic Participation, and the individuals who were harmed by their scheme. My office will always defend the right to vote.” 

Amy Walsh, partner with Orrick, Herrington & Sutcliffe LLP, said: “This settlement is a welcome victory for our plaintiffs and the other 85,404 victims who were targeted by the defendants in an attempt to intimidate Black voters into not exercising their constitutional right to vote. The timing of this settlement is immensely important as we approach the November presidential election, and we hope it sends a clear message to those who are considering a strategy of voter suppression that we will use all the tools of our legal system to shut down those efforts and seek the maximum punishment possible for trying to rig elections.  America deserves better.” 

For more info, visit https://lawyerscommittee.org/wp-content/uploads/2020/10/COMPLAINT-FINAL-filed.pdf