Bill Text: NC H698 | 2017-2018 | Regular Session | Amended
Bill Title: Increase Penalty for Voter Fraud
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2017-04-11 - Ref To Com On Elections and Ethics Law [H698 Detail]
Download: North_Carolina-2017-H698-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 698
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Short Title: Increase Penalty for Voter Fraud. |
(Public) |
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Sponsors: |
Representative Speciale. For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Elections and Ethics Law |
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April 11, 2017
A BILL TO BE ENTITLED
AN ACT to increase the penalty for voter fraud and make conforming statutory changes.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163‑275 reads as rewritten:
"§ 163‑275. Certain acts declared felonies.
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 section to be unlawful, shall be guilty of a
Class I G felony. It shall be unlawful:
(1) For any person fraudulently to cause that person's name to be placed upon the registration books of more than one election precinct or fraudulently to cause or procure that person's name or that of any other person to be placed upon the registration books in any precinct when registration in that precinct does not qualify the person to vote legally therein, or to impersonate falsely another registered voter for the purpose of voting in the stead of the other voter.
(2) For any person to give or promise or request or accept at any time, before or after any such primary or election, any money, property or other thing of value whatsoever in return for the vote of any elector.
(3) For any person who is an election officer, a member of an election board or other officer charged with any duty with respect to any primary or election, knowingly to make any false or fraudulent entry on any election book or any false or fraudulent returns, or knowingly to make or cause to be made any false statement on any ballot, or to do any fraudulent act or knowingly and fraudulently omit to do any act or make any report legally required of that person.
(4) For any person knowingly to swear falsely with respect to any matter pertaining to any primary or election.
(5) For any person convicted of a crime which excludes the person from the right of suffrage, to vote at any primary or election without having been restored to the right of citizenship in due course and by the method provided by law.
(6) For any person to take corruptly the oath prescribed for voters.
(7) For any person with intent to commit a fraud to register or vote at more than one precinct or more than one time, or to induce another to do so, in the same primary or election, or to vote illegally at any primary or election.
(8) For any chief judge or any clerk or copyist to make any entry or copy with intent to commit a fraud.
(9) For any election official or other officer or person to make, certify, deliver or transmit any false returns of any primary or election, or to make any erasure, alteration, or conceal or destroy any election ballot, book, record, return or process with intent to commit a fraud.
(10) For any person to assault any chief judge, judge of election or other election officer while in the discharge of duties in the registration of voters or in conducting any primary or election.
(11) For any person, by threats, menaces or in any other manner, to intimidate or attempt to intimidate any chief judge, judge of election or other election officer in the discharge of duties in the registration of voters or in conducting any primary or election.
(12) For any chief judge, judge of election, member of a board of elections, assistant, marker, or other election official, directly or indirectly, to seek, receive or accept money or the promise of money, the promise of office, or other reward or compensation from a candidate in any primary or election or from any source other than such compensation as may be provided by law for that person's services.
(13) For any person falsely to make or present any certificate or other paper to qualify any person fraudulently as a voter, or to attempt thereby to secure to any person the privilege of voting, including declarations made under this Chapter, G.S. 20‑37.7(d)(5), 20‑37.7(d)(6), 130A‑93.1(c), and 161‑10(a)(8).
(14) For any officer to register voters and any other individual to knowingly and willfully receive, complete, or sign an application to register from any voter contrary to the provisions of G.S. 163‑82.4.
(15) Reserved for future codification purposes.
(16) For any person falsely to make the certificate provided by G.S. 163‑229(b)(2).
(17) For any person, directly or indirectly, to misrepresent the law to the public through mass mailing or any other means of communication where the intent and the effect is to intimidate or discourage potential voters from exercising their lawful right to vote.
(18) For any person, knowing that a person is not a citizen of the United States, to instruct or coerce that person to register to vote or to vote."
SECTION 2. G.S. 163‑82.4(b)(1) reads as rewritten:
"(b) Notice of Requirements, Attestation, Notice of Penalty, and Notice of Confidentiality. – The form required by G.S. 163‑82.3(a) shall contain, in uniform type, the following:
(1) A statement that
specifies each eligibility requirement (including citizenship) and an
attestation that the applicant meets each such requirement, with a requirement
for the signature of the applicant, under penalty of a Class I G felony
under G.S. 163‑275(13)."
SECTION 3. G.S. 163‑82.7A(d) reads as rewritten:
"(d) All declarations
under subsections (a) and (b) of this section shall include a statement by the
voter that the voter has a sincerely held religious objection to being
photographed and a requirement for the signature of the voter, which includes a
notice that a false or fraudulent declaration is a Class I G felony
pursuant to G.S. 163‑275(13)."
SECTION 4. This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.
