ABSENTEE BALLOT ABSENTEE BALLOT CRIMESCRIMES

Don WrightDon Wright

N.C. State Board of ElectionsN.C. State Board of Elections

August 2005August 2005

Absentee Ballot FeloniesAbsentee Ballot Felonies§ 163‑226.3.  Certain acts declared felonies.§ 163‑226.3.  Certain acts declared felonies.(a)       Any person who shall, in connection with absentee voting in any election (a)       Any person who shall, in connection with absentee voting in any election

held in this State, do any of the acts or things declared in this section to be held in this State, do any of the acts or things declared in this section to be unlawful, shall be guilty of a Class I felony. It shall be unlawful:unlawful, shall be guilty of a Class I felony. It shall be unlawful:

(1)       For any person except the voter's near relative or the voter's verifiable (1)       For any person except the voter's near relative or the voter's verifiable legal guardian to assist the voter to vote an absentee ballot when the voter is legal guardian to assist the voter to vote an absentee ballot when the voter is voting an absentee ballot other than under the procedure described in G.S. voting an absentee ballot other than under the procedure described in G.S. 163‑227.2; provided that if there is not a near relative or legal guardian 163‑227.2; provided that if there is not a near relative or legal guardian available to assist the voter, the voter may request some other person to give available to assist the voter, the voter may request some other person to give assistance;assistance;

(2)       For any person to assist a voter to vote an absentee ballot under the (2)       For any person to assist a voter to vote an absentee ballot under the absentee voting procedure authorized by G.S. 163‑227.2 except a member of absentee voting procedure authorized by G.S. 163‑227.2 except a member of the county board of elections, the director of elections, an employee of the the county board of elections, the director of elections, an employee of the board authorized by the board, the voter's near relative or the voter's board authorized by the board, the voter's near relative or the voter's verifiable legal guardian;verifiable legal guardian;

(3)       For a voter who votes an absentee ballot under the procedures (3)       For a voter who votes an absentee ballot under the procedures authorized by G.S. 163‑227.2 to vote that voter's absentee ballot outside of authorized by G.S. 163‑227.2 to vote that voter's absentee ballot outside of the voting booth or private room provided to the voter for that purpose in or the voting booth or private room provided to the voter for that purpose in or adjacent to the office of the county board of elections or at the additional site adjacent to the office of the county board of elections or at the additional site provided by G.S. 163‑227.2(f1), or to receive assistance in getting to and from provided by G.S. 163‑227.2(f1), or to receive assistance in getting to and from the voting booth or private room and in preparing and marking that voter's the voting booth or private room and in preparing and marking that voter's ballots from any person other than a member of the county board of ballots from any person other than a member of the county board of elections, the director of elections, an employee of the board of elections elections, the director of elections, an employee of the board of elections authorized by the board, a near relative of the voter or the voter's verifiable authorized by the board, a near relative of the voter or the voter's verifiable legal guardian;legal guardian;

Absentee Ballot Felonies Absentee Ballot Felonies Continued:Continued:(4)       For any owner, manager, director, employee, or other person, other (4)       For any owner, manager, director, employee, or other person, other

than the voter's near relative or verifiable legal guardian, to make a than the voter's near relative or verifiable legal guardian, to make a written request pursuant to G.S. 163‑230.1 or an application on behalf of written request pursuant to G.S. 163‑230.1 or an application on behalf of a registered voter who is a patient in any hospital, clinic, nursing home a registered voter who is a patient in any hospital, clinic, nursing home or rest home in this State or for any owner, manager, director, or rest home in this State or for any owner, manager, director, employee, or other person other than the voter's near relative or employee, or other person other than the voter's near relative or verifiable legal guardian, to mark the voter's absentee ballot or assist verifiable legal guardian, to mark the voter's absentee ballot or assist such a voter in marking an absentee ballot;such a voter in marking an absentee ballot;

(5)       Repealed by Session Laws 1987, c. 583, s. 8.(5)       Repealed by Session Laws 1987, c. 583, s. 8.(6)       For any person to take into that person's possession for delivery to a (6)       For any person to take into that person's possession for delivery to a

voter or for return to a county board of elections the absentee ballot of voter or for return to a county board of elections the absentee ballot of any voter, provided, however, that this prohibition shall not apply to a any voter, provided, however, that this prohibition shall not apply to a voter's near relative or the voter's verifiable legal guardian;voter's near relative or the voter's verifiable legal guardian;

(7)       Except as provided in subsections (1), (2), (3) and (4) of this section, (7)       Except as provided in subsections (1), (2), (3) and (4) of this section, G.S. 163‑231(a), G.S. 163‑250(a), and G.S. 163‑227.2(e), for any voter to G.S. 163‑231(a), G.S. 163‑250(a), and G.S. 163‑227.2(e), for any voter to permit another person to assist the voter in marking that voter's permit another person to assist the voter in marking that voter's absentee ballot, to be in the voter's presence when a voter votes an absentee ballot, to be in the voter's presence when a voter votes an absentee ballot, or to observe the voter mark that voter's absentee absentee ballot, or to observe the voter mark that voter's absentee ballot.ballot.

(b)       The State Board of Elections or a county board of elections, upon (b)       The State Board of Elections or a county board of elections, upon receipt of a sworn affidavit from any qualified voter of the State or the receipt of a sworn affidavit from any qualified voter of the State or the county, as the case may be, attesting to first‑person knowledge of any county, as the case may be, attesting to first‑person knowledge of any violation of subsection (a) of this section, shall transmit that affidavit to violation of subsection (a) of this section, shall transmit that affidavit to the appropriate district attorney, who shall investigate and prosecute the appropriate district attorney, who shall investigate and prosecute any person violating subsection (a). any person violating subsection (a).

G.S. 163-237G.S. 163-237

(a)       False Statements under Oath Made Class 2 (a)       False Statements under Oath Made Class 2 Misdemeanor.Misdemeanor.

(b)       False Statements Not under Oath Made Class (b)       False Statements Not under Oath Made Class 2 Misdemeanor. 2 Misdemeanor.

(b1)     Candidate Witnessing Absentee Ballots of non-(b1)     Candidate Witnessing Absentee Ballots of non-relative Made Class 2 Misdemeanor relative Made Class 2 Misdemeanor

(c)       Fraud in Connection with Absentee Vote; (c)       Fraud in Connection with Absentee Vote; Forgery is a Class I felony.Forgery is a Class I felony.

(d)       Violations Not Otherwise Provided for Made (d)       Violations Not Otherwise Provided for Made Class 2 Misdemeanors. – If any person shall willfully Class 2 Misdemeanors. – If any person shall willfully violate any of the provisions of this Article, or violate any of the provisions of this Article, or willfully fail to comply with any of the provisions willfully fail to comply with any of the provisions thereof, for which no other punishment is herein thereof, for which no other punishment is herein provided, he shall be guilty of a Class 2 provided, he shall be guilty of a Class 2 misdemeanor.misdemeanor.

Legal Breach of Duty to Keep Legal Breach of Duty to Keep Absentee Materials SecuredAbsentee Materials Secured

G.S. 163-236:G.S. 163-236:The county board of elections shall be sole custodian of The county board of elections shall be sole custodian of blank applications for absentee ballots, official ballots, and blank applications for absentee ballots, official ballots, and container‑return envelopes for absentee ballots. The board container‑return envelopes for absentee ballots. The board shall issue and deliver blank applications for absentee shall issue and deliver blank applications for absentee ballots in strict accordance with the provisions of G.S. ballots in strict accordance with the provisions of G.S. 163‑230.1. The issuance of ballots to persons whose 163‑230.1. The issuance of ballots to persons whose requests for absentee ballots have been received by the requests for absentee ballots have been received by the county board of elections under the provisions of G.S. county board of elections under the provisions of G.S. 163‑230.1 is the responsibility and duty of the county board 163‑230.1 is the responsibility and duty of the county board of elections.of elections.It shall be the duty of the county board of elections to keep It shall be the duty of the county board of elections to keep current all records required by this Article and to make current all records required by this Article and to make promptly all reports required by this Article. If that duty has promptly all reports required by this Article. If that duty has been assigned to the chair, member, officer, or employee of been assigned to the chair, member, officer, or employee of the board of elections, that person shall carry out the duty.the board of elections, that person shall carry out the duty.The willful violation of this section shall constitute a Class 2 The willful violation of this section shall constitute a Class 2 misdemeanor.misdemeanor.

VOTERS VOTING BOTH ABSENTEE AND VOTERS VOTING BOTH ABSENTEE AND AT THE POLLS, G.S. 163-232AT THE POLLS, G.S. 163-232

No later than 10:00 a.m. on election day, the county board of elections No later than 10:00 a.m. on election day, the county board of elections shall cause one copy of the list of executed absentee ballots, which may shall cause one copy of the list of executed absentee ballots, which may be a continuing countywide list or a separate list for each precinct, to be be a continuing countywide list or a separate list for each precinct, to be immediately deposited as "first‑class" mail to the State Board of immediately deposited as "first‑class" mail to the State Board of Elections. The board shall retain one copy in the board office for public Elections. The board shall retain one copy in the board office for public inspection and the board shall cause two copies of the appropriate inspection and the board shall cause two copies of the appropriate precinct list to be delivered to the chief judge of each precinct in the precinct list to be delivered to the chief judge of each precinct in the county. The county board of elections shall be authorized to call upon county. The county board of elections shall be authorized to call upon the sheriff of the county to distribute the list to the precincts. In addition the sheriff of the county to distribute the list to the precincts. In addition the county board of elections shall, upon request, provide a copy of the the county board of elections shall, upon request, provide a copy of the complete list to the chairman of each political party, recognized under complete list to the chairman of each political party, recognized under the provisions of G.S. 163‑96, represented in the county.the provisions of G.S. 163‑96, represented in the county.

The chief judge shall post one copy of the list immediately in a conspicuous The chief judge shall post one copy of the list immediately in a conspicuous location in the voting place and retain one copy until all challenges of location in the voting place and retain one copy until all challenges of absentee ballots have been heard by the county board of elections. absentee ballots have been heard by the county board of elections. Challenges shall be made to absentee ballots as provided in G.S. Challenges shall be made to absentee ballots as provided in G.S. 163‑89.163‑89.

After receipt of the list of absentee voters required by this section the chief After receipt of the list of absentee voters required by this section the chief judge shall call the name of each person recorded on the list and enter judge shall call the name of each person recorded on the list and enter an "A" in the appropriate voting square on the voter's permanent an "A" in the appropriate voting square on the voter's permanent registration record, or a similar entry on the computer list used at the registration record, or a similar entry on the computer list used at the polls. If such person is already recorded as having voted in that election, polls. If such person is already recorded as having voted in that election, the chief judge shall enter a challenge which shall be presented to the the chief judge shall enter a challenge which shall be presented to the county board of elections for resolution by the board of elections prior county board of elections for resolution by the board of elections prior to certification of results by the board.to certification of results by the board.

VOTERS VOTING BOTH ABSENTEE AND AT VOTERS VOTING BOTH ABSENTEE AND AT THE POLLS, G.S. 163-232, THE POLLS, G.S. 163-232, CONTINUEDCONTINUED

§ 163‑275.  Certain acts declared felonies.§ 163‑275.  Certain acts declared felonies.Any person who shall, in connection with any Any person who shall, in connection with any

primary, general or special election held in primary, general or special election held in this State, do any of the acts or things this State, do any of the acts or things declared in this section to be unlawful, shall declared in this section to be unlawful, shall be guilty of a Class I felony. It shall be be guilty of a Class I felony. It shall be unlawful:unlawful:

(7)       For any person with intent to commit a (7)       For any person with intent to commit a fraud to register or vote at more than one fraud to register or vote at more than one precinct or more than one time, or to induce precinct or more than one time, or to induce another to do so, in the same primary or another to do so, in the same primary or election, or to vote illegally at any primary or election, or to vote illegally at any primary or election; election;

VOTERS VOTING BOTH ABSENTEE AND VOTERS VOTING BOTH ABSENTEE AND AT THE POLLS, AT THE POLLS, FEDERAL CRIMEFEDERAL CRIME, ,

CONTINUEDCONTINUED

42 USC 1973i. Prohibited acts 42 USC 1973i. Prohibited acts

(e) Voting more than once (1) Whoever votes more than once in (e) Voting more than once (1) Whoever votes more than once in an election referred to in paragraph (2) shall be fined not an election referred to in paragraph (2) shall be fined not more than $10,000 or imprisoned not more than five years, more than $10,000 or imprisoned not more than five years, or both. or both.

(2) The prohibition of this subsection applies with respect to any (2) The prohibition of this subsection applies with respect to any general, special, or primary election held solely or in part for general, special, or primary election held solely or in part for the purpose of selecting or electing any candidate for the the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico. Commissioner of the Commonwealth of Puerto Rico.

(3) As used in this subsection, the term ``votes more than once'' (3) As used in this subsection, the term ``votes more than once'' does not include the casting of an additional ballot if all prior does not include the casting of an additional ballot if all prior ballots of that voter were invalidated, nor does it include the ballots of that voter were invalidated, nor does it include the voting in two jurisdictions under section 1973aa-1 of this title, voting in two jurisdictions under section 1973aa-1 of this title, to the extent two ballots are not cast for an election to the to the extent two ballots are not cast for an election to the same candidacy or office. same candidacy or office.

Registered in Two States, Voting Registered in Two States, Voting by Absentee in One, Voting In-by Absentee in One, Voting In-

Person in the OtherPerson in the Other§ 163‑275.  Certain acts declared felonies.§ 163‑275.  Certain acts declared felonies.Any person who shall, in connection with any primary, general or special Any person who shall, in connection with any primary, general or special

election held in this State, do any of the acts or things declared in this election held in this State, do any of the acts or things declared in this section to be unlawful, shall be guilty of a Class I felony. It shall be section to be unlawful, shall be guilty of a Class I felony. It shall be unlawful:unlawful:

(1)       For any person fraudulently to cause his name to be placed upon the (1)       For any person fraudulently to cause his name to be placed upon the registration books of more than one election precinct or fraudulently to registration books of more than one election precinct or fraudulently to cause or procure his name or that of any other person to be placed upon cause or procure his name or that of any other person to be placed upon the registration books in any precinct when such registration in that the registration books in any precinct when such registration in that precinct does not qualify such person to vote legally thereinprecinct does not qualify such person to vote legally therein

42 USC 1973i42 USC 1973i

(c) False information in registering or voting; penalties Whoever knowingly or (c) False information in registering or voting; penalties Whoever knowingly or willfully gives false information as to his name, address or period of willfully gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: than five years, or both:

§ 163‑238.  Reports of § 163‑238.  Reports of violations to district violations to district

attorneys.attorneys.It shall be the duty of the State Board It shall be the duty of the State Board of Elections to report to the district of Elections to report to the district attorney of the appropriate attorney of the appropriate prosecutorial district, any violation of prosecutorial district, any violation of this Article, or the failure of any person this Article, or the failure of any person charged with a duty under its charged with a duty under its provisions to comply with and perform provisions to comply with and perform that duty, and it shall be the duty of that duty, and it shall be the duty of the district attorney to cause such a the district attorney to cause such a person to be prosecuted therefor.person to be prosecuted therefor.