State Codes and Statutes

Statutes > North-carolina > Chapter_163 > GS_163-278_27

§ 163‑278.27.  Criminalpenalties; duty to report and prosecute.

(a)        Any individual,candidate, political committee, referendum committee, treasurer, person ormedia who intentionally violates the applicable provisions of G.S. 163‑278.7,163‑278.8, 163‑278.9, 163‑278.10, 163‑278.11, 163‑278.12,163‑278.13, 163‑278.13B, 163‑278.14, 163‑278.16, 163‑278.16B,163‑278.17, 163‑278.18, 163‑278.19, 163‑278.20, 163‑278.39,163‑278.40A, 163‑278.40B, 163‑278.40C, 163‑278.40D, 163‑278.40E,or 163‑278.40J is guilty of a Class 2 misdemeanor. The statute oflimitations shall run from the day the last report is due to be filed with theappropriate board of elections for the election cycle for which the violationoccurred.

(a1)      A violation of G.S.163‑278.32 by making a certification knowing the information to be untrueis a Class I felony.

(b)        Whenever the Boardhas knowledge of or has reason to believe there has been a violation of anysection of this Article, it shall report that fact, together with accompanyingdetails, to the following prosecuting authorities:

(1)        In the case of acandidate for nomination or election to the State Senate or State House ofRepresentatives: report to the district attorney of the prosecutorial districtin which the candidate for nomination or election resides;

(2)        In the case of acandidate for nomination or election to the office of Governor, LieutenantGovernor, Secretary of State, State Auditor, State Treasurer, StateSuperintendent of Public Instruction, State Attorney General, State Commissionerof Agriculture, State Commissioner of Labor, State Commissioner of Insurance,and all other State elective offices, Justice of the Supreme Court, Judge ofthe Court of Appeals, judge of a superior court, judge of a district court, anddistrict attorney of the superior court: report to the district attorney of theprosecutorial district in which Wake County is located;

(3)        In the case of anindividual other than a candidate, including, without limitation, violations bymembers of political committees, referendum committees or treasurers: report tothe district attorney of the prosecutorial district in which the individualresides; and

(4)        In the case of aperson or any group of individuals: report to the district attorney or districtattorneys [of] the prosecutorial district or districts in which any of theofficers, directors, agents, employees or members of the person or groupreside.

(c)        Upon receipt ofsuch a report from the Board, the appropriate district attorney shall prosecutethe individual or persons alleged to have violated a section or sections ofthis Article.

(d)        As a condition ofprobation, a sentencing judge may order that the costs incurred by the StateBoard of Elections in investigating and aiding the prosecution of a case bepaid to the State Board of Elections by the defendant on such terms andconditions as set by the judge.  (1973, c. 1272, s. 1; 1979, c. 500, s. 10; c. 1073,ss. 15, 19; 1981, c. 837, s. 4; 1987, c. 565, s. 17; 1993, c. 539, s. 1118;1994, Ex. Sess., c. 24, s. 14(c); 1999‑453, s. 2(c); 2001‑419, s.2; 2006‑161, s. 5; 2007‑391, s. 1(b); 2008‑150, s. 9(b); 2008‑187,s. 29.)

State Codes and Statutes

Statutes > North-carolina > Chapter_163 > GS_163-278_27

§ 163‑278.27.  Criminalpenalties; duty to report and prosecute.

(a)        Any individual,candidate, political committee, referendum committee, treasurer, person ormedia who intentionally violates the applicable provisions of G.S. 163‑278.7,163‑278.8, 163‑278.9, 163‑278.10, 163‑278.11, 163‑278.12,163‑278.13, 163‑278.13B, 163‑278.14, 163‑278.16, 163‑278.16B,163‑278.17, 163‑278.18, 163‑278.19, 163‑278.20, 163‑278.39,163‑278.40A, 163‑278.40B, 163‑278.40C, 163‑278.40D, 163‑278.40E,or 163‑278.40J is guilty of a Class 2 misdemeanor. The statute oflimitations shall run from the day the last report is due to be filed with theappropriate board of elections for the election cycle for which the violationoccurred.

(a1)      A violation of G.S.163‑278.32 by making a certification knowing the information to be untrueis a Class I felony.

(b)        Whenever the Boardhas knowledge of or has reason to believe there has been a violation of anysection of this Article, it shall report that fact, together with accompanyingdetails, to the following prosecuting authorities:

(1)        In the case of acandidate for nomination or election to the State Senate or State House ofRepresentatives: report to the district attorney of the prosecutorial districtin which the candidate for nomination or election resides;

(2)        In the case of acandidate for nomination or election to the office of Governor, LieutenantGovernor, Secretary of State, State Auditor, State Treasurer, StateSuperintendent of Public Instruction, State Attorney General, State Commissionerof Agriculture, State Commissioner of Labor, State Commissioner of Insurance,and all other State elective offices, Justice of the Supreme Court, Judge ofthe Court of Appeals, judge of a superior court, judge of a district court, anddistrict attorney of the superior court: report to the district attorney of theprosecutorial district in which Wake County is located;

(3)        In the case of anindividual other than a candidate, including, without limitation, violations bymembers of political committees, referendum committees or treasurers: report tothe district attorney of the prosecutorial district in which the individualresides; and

(4)        In the case of aperson or any group of individuals: report to the district attorney or districtattorneys [of] the prosecutorial district or districts in which any of theofficers, directors, agents, employees or members of the person or groupreside.

(c)        Upon receipt ofsuch a report from the Board, the appropriate district attorney shall prosecutethe individual or persons alleged to have violated a section or sections ofthis Article.

(d)        As a condition ofprobation, a sentencing judge may order that the costs incurred by the StateBoard of Elections in investigating and aiding the prosecution of a case bepaid to the State Board of Elections by the defendant on such terms andconditions as set by the judge.  (1973, c. 1272, s. 1; 1979, c. 500, s. 10; c. 1073,ss. 15, 19; 1981, c. 837, s. 4; 1987, c. 565, s. 17; 1993, c. 539, s. 1118;1994, Ex. Sess., c. 24, s. 14(c); 1999‑453, s. 2(c); 2001‑419, s.2; 2006‑161, s. 5; 2007‑391, s. 1(b); 2008‑150, s. 9(b); 2008‑187,s. 29.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_163 > GS_163-278_27

§ 163‑278.27.  Criminalpenalties; duty to report and prosecute.

(a)        Any individual,candidate, political committee, referendum committee, treasurer, person ormedia who intentionally violates the applicable provisions of G.S. 163‑278.7,163‑278.8, 163‑278.9, 163‑278.10, 163‑278.11, 163‑278.12,163‑278.13, 163‑278.13B, 163‑278.14, 163‑278.16, 163‑278.16B,163‑278.17, 163‑278.18, 163‑278.19, 163‑278.20, 163‑278.39,163‑278.40A, 163‑278.40B, 163‑278.40C, 163‑278.40D, 163‑278.40E,or 163‑278.40J is guilty of a Class 2 misdemeanor. The statute oflimitations shall run from the day the last report is due to be filed with theappropriate board of elections for the election cycle for which the violationoccurred.

(a1)      A violation of G.S.163‑278.32 by making a certification knowing the information to be untrueis a Class I felony.

(b)        Whenever the Boardhas knowledge of or has reason to believe there has been a violation of anysection of this Article, it shall report that fact, together with accompanyingdetails, to the following prosecuting authorities:

(1)        In the case of acandidate for nomination or election to the State Senate or State House ofRepresentatives: report to the district attorney of the prosecutorial districtin which the candidate for nomination or election resides;

(2)        In the case of acandidate for nomination or election to the office of Governor, LieutenantGovernor, Secretary of State, State Auditor, State Treasurer, StateSuperintendent of Public Instruction, State Attorney General, State Commissionerof Agriculture, State Commissioner of Labor, State Commissioner of Insurance,and all other State elective offices, Justice of the Supreme Court, Judge ofthe Court of Appeals, judge of a superior court, judge of a district court, anddistrict attorney of the superior court: report to the district attorney of theprosecutorial district in which Wake County is located;

(3)        In the case of anindividual other than a candidate, including, without limitation, violations bymembers of political committees, referendum committees or treasurers: report tothe district attorney of the prosecutorial district in which the individualresides; and

(4)        In the case of aperson or any group of individuals: report to the district attorney or districtattorneys [of] the prosecutorial district or districts in which any of theofficers, directors, agents, employees or members of the person or groupreside.

(c)        Upon receipt ofsuch a report from the Board, the appropriate district attorney shall prosecutethe individual or persons alleged to have violated a section or sections ofthis Article.

(d)        As a condition ofprobation, a sentencing judge may order that the costs incurred by the StateBoard of Elections in investigating and aiding the prosecution of a case bepaid to the State Board of Elections by the defendant on such terms andconditions as set by the judge.  (1973, c. 1272, s. 1; 1979, c. 500, s. 10; c. 1073,ss. 15, 19; 1981, c. 837, s. 4; 1987, c. 565, s. 17; 1993, c. 539, s. 1118;1994, Ex. Sess., c. 24, s. 14(c); 1999‑453, s. 2(c); 2001‑419, s.2; 2006‑161, s. 5; 2007‑391, s. 1(b); 2008‑150, s. 9(b); 2008‑187,s. 29.)