§ 163-274. Certain acts declared misdemeanors. - North Carolina Statutes

§ 163‑274.  Certain actsdeclared misdemeanors.

(a)        Class 2Misdemeanors. – Any person who shall, in connection with any primary orelection in this State, do any of the acts and things declared in thissubsection to be unlawful, shall be guilty of a Class 2 misdemeanor. It shallbe unlawful:

(1)        For any person tofail, as an officer or as a judge or chief judge of a primary or election, oras a member of any board of elections, to prepare the books, ballots, andreturn blanks which it is his duty under the law to prepare, or to distributethe same as required by law, or to perform any other duty imposed upon himwithin the time and in the manner required by law;

(1a)      For any member,director, or employee of a board of elections to alter a voter registrationapplication or other voter registration record without either the writtenauthorization of the applicant or voter or the written authorization of theState Board of Elections;

(2)        For any person tocontinue or attempt to act as a judge or chief judge of a primary or election,or as a member of any board of elections, after having been legally removedfrom such position and after having been given notice of such removal;

(3)        For any person tobreak up or by force or violence to stay or interfere with the holding of anyprimary or election, to interfere with the possession of any ballot box,election book, ballot, or return sheet by those entitled to possession of thesame under the law, or to interfere in any manner with the performance of anyduty imposed by law upon any election officer or member of any board ofelections;

(4)        For any person to beguilty of any boisterous conduct so as to disturb any member of any electionboard or any chief judge or judge of election in the performance of his dutiesas imposed by law;

(5)        For any person tobet or wager any money or other thing of value on any election;

(5a)      Repealed by SessionLaws 1999‑455, s. 21, applicable to elections held on or after January 1,2000.

(6)        For any person,directly or indirectly, to discharge or threaten to discharge from employment,or otherwise intimidate or oppose any legally qualified voter on account of anyvote such voter may cast or consider or intend to cast, or not to cast, orwhich he may have failed to cast;

(7)        For any person topublish in a newspaper or pamphlet or otherwise, any charge derogatory to anycandidate or calculated to affect the candidate's chances of nomination orelection, unless such publication be signed by the party giving publicity toand being responsible for such charge;

(8)        For any person topublish or cause to be circulated derogatory reports with reference to anycandidate in any primary or election, knowing such report to be false or inreckless disregard of its truth or falsity, when such report is calculated orintended to affect the chances of such candidate for nomination or election;

(9)        For any person togive or promise, in return for political support or influence, any politicalappointment or support for political office;

(10)      For any chairman of acounty board of elections or other returning officer to fail or neglect,willfully or of malice, to perform any duty, act, matter or thing required ordirected in the time, manner and form in which said duty, matter or thing isrequired to be performed in relation to any primary, general or specialelection and the returns thereof;

(11)      For any clerk of thesuperior court to refuse to make and give to any person applying in writing forthe same a duly certified copy of the returns of any primary or election or ofa tabulated statement to a primary or election, the returns of which are by lawdeposited in his office, upon the tender of the fees therefor;

(12)      For any personwillfully and knowingly to impose upon any blind or illiterate voter a ballotin any primary or election contrary to the wish or desire of such voter, byfalsely representing to such voter that the ballot proposed to him is such ashe desires; or

(13)      Except as authorizedby G.S. 163‑82.15, for any person to provide false information, or signthe name of any other person, to a written report under G.S. 163‑82.15.

(b)        Class 1Misdemeanor. – Any person who shall, in connection with any primary or electionin this State, do any of the acts and things declared in this subsection to beunlawful shall be guilty of a Class 1 misdemeanor. It shall be unlawful for anyperson who has access to an official voted ballot or record to knowinglydisclose in violation of G.S. 163‑165.1(e) how an individual has votedthat ballot. (1931,c. 348, s. 9; 1951, c. 983, s. 1; 1967, c. 775, s. 1; 1979, c. 135, s. 3; 1987,c. 565, s. 13; c. 583, s. 9; 1993, c. 539, s. 1112; 1994, Ex. Sess., c. 24, s.14(c); 1993 (Reg. Sess., 1994), c. 762, s. 58(a)‑(c); 1999‑424, s.7(h); 1999‑426, s. 2(a); 1999‑455, s. 21; 2007‑391, ss. 9(b),16(b).)