State Codes and Statutes

Statutes > North-carolina > Chapter_163 > GS_163-226_3

§ 163‑226.3.  Certainacts declared felonies.

(a)        Any person whoshall, 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 unlawful, shall beguilty of a Class I felony. It shall be unlawful:

(1)        For any personexcept the voter's near relative or the voter's verifiable legal guardian toassist the voter to vote an absentee ballot when the voter is voting anabsentee 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 available toassist the voter, the voter may request some other person to give assistance;

(2)        For any person toassist a voter to vote an absentee ballot under the absentee voting procedureauthorized by G.S. 163‑227.2 except as provided in that section;

(3)        For a voter whovotes an absentee ballot under the procedures authorized by G.S. 163‑227.2to vote that voter's absentee ballot outside of the voting booth or privateroom provided to the voter for that purpose in or adjacent to the office of thecounty board of elections or at the additional site provided by G.S. 163‑227.2(f1),or to receive assistance except as provided in G.S. 163‑227.2;

(4)        For any owner,manager, director, employee, or other person, other than the voter's nearrelative or verifiable legal guardian, to make a written request pursuant toG.S. 163‑230.1 or an application on behalf of a registered voter who is apatient in any hospital, clinic, nursing home or rest home in this State or forany owner, manager, director, employee, or other person other than the voter'snear relative or verifiable legal guardian, to mark the voter's absentee ballotor assist such a voter in marking an absentee ballot. This subdivision does notapply to members, employees, or volunteers of the county board of elections, ifthose members, employees, or volunteers are working as part of a multipartisanteam trained and authorized by the county board of elections to assist voterswith absentee ballots. Each county board of elections shall train and authorizesuch teams, pursuant to procedures which shall be adopted by the State Board ofElections.

(5)        Repealed by SessionLaws 1987, c. 583, s. 8.

(6)        For any person totake into that person's possession for delivery to a voter or for return to acounty board of elections the absentee ballot of any voter, provided, however,that this prohibition shall not apply to a voter's near relative or the voter'sverifiable legal guardian;

(7)        Except as providedin 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 permitanother person to assist the voter in marking that voter's absentee ballot, tobe in the voter's presence when a voter votes an absentee ballot, or to observethe voter mark that voter's absentee ballot.

(b)        The State Board ofElections or a county board of elections, upon receipt of a sworn affidavitfrom any qualified voter of the State or the county, as the case may be,attesting to first‑person knowledge of any violation of subsection (a) ofthis section, shall transmit that affidavit to the appropriate districtattorney, who shall investigate and prosecute any person violating subsection(a). (1979, c.799, s. 4; 1983, c. 331, s. 2; 1985, c. 563, s. 4; 1987, c. 565, s. 7; c. 583,ss. 8, 10; 1995, c. 243, s. 1; 1999‑455, s. 3; 2005‑428, s. 5(b);2007‑391, s. 29(a).)

State Codes and Statutes

Statutes > North-carolina > Chapter_163 > GS_163-226_3

§ 163‑226.3.  Certainacts declared felonies.

(a)        Any person whoshall, 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 unlawful, shall beguilty of a Class I felony. It shall be unlawful:

(1)        For any personexcept the voter's near relative or the voter's verifiable legal guardian toassist the voter to vote an absentee ballot when the voter is voting anabsentee 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 available toassist the voter, the voter may request some other person to give assistance;

(2)        For any person toassist a voter to vote an absentee ballot under the absentee voting procedureauthorized by G.S. 163‑227.2 except as provided in that section;

(3)        For a voter whovotes an absentee ballot under the procedures authorized by G.S. 163‑227.2to vote that voter's absentee ballot outside of the voting booth or privateroom provided to the voter for that purpose in or adjacent to the office of thecounty board of elections or at the additional site provided by G.S. 163‑227.2(f1),or to receive assistance except as provided in G.S. 163‑227.2;

(4)        For any owner,manager, director, employee, or other person, other than the voter's nearrelative or verifiable legal guardian, to make a written request pursuant toG.S. 163‑230.1 or an application on behalf of a registered voter who is apatient in any hospital, clinic, nursing home or rest home in this State or forany owner, manager, director, employee, or other person other than the voter'snear relative or verifiable legal guardian, to mark the voter's absentee ballotor assist such a voter in marking an absentee ballot. This subdivision does notapply to members, employees, or volunteers of the county board of elections, ifthose members, employees, or volunteers are working as part of a multipartisanteam trained and authorized by the county board of elections to assist voterswith absentee ballots. Each county board of elections shall train and authorizesuch teams, pursuant to procedures which shall be adopted by the State Board ofElections.

(5)        Repealed by SessionLaws 1987, c. 583, s. 8.

(6)        For any person totake into that person's possession for delivery to a voter or for return to acounty board of elections the absentee ballot of any voter, provided, however,that this prohibition shall not apply to a voter's near relative or the voter'sverifiable legal guardian;

(7)        Except as providedin 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 permitanother person to assist the voter in marking that voter's absentee ballot, tobe in the voter's presence when a voter votes an absentee ballot, or to observethe voter mark that voter's absentee ballot.

(b)        The State Board ofElections or a county board of elections, upon receipt of a sworn affidavitfrom any qualified voter of the State or the county, as the case may be,attesting to first‑person knowledge of any violation of subsection (a) ofthis section, shall transmit that affidavit to the appropriate districtattorney, who shall investigate and prosecute any person violating subsection(a). (1979, c.799, s. 4; 1983, c. 331, s. 2; 1985, c. 563, s. 4; 1987, c. 565, s. 7; c. 583,ss. 8, 10; 1995, c. 243, s. 1; 1999‑455, s. 3; 2005‑428, s. 5(b);2007‑391, s. 29(a).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_163 > GS_163-226_3

§ 163‑226.3.  Certainacts declared felonies.

(a)        Any person whoshall, 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 unlawful, shall beguilty of a Class I felony. It shall be unlawful:

(1)        For any personexcept the voter's near relative or the voter's verifiable legal guardian toassist the voter to vote an absentee ballot when the voter is voting anabsentee 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 available toassist the voter, the voter may request some other person to give assistance;

(2)        For any person toassist a voter to vote an absentee ballot under the absentee voting procedureauthorized by G.S. 163‑227.2 except as provided in that section;

(3)        For a voter whovotes an absentee ballot under the procedures authorized by G.S. 163‑227.2to vote that voter's absentee ballot outside of the voting booth or privateroom provided to the voter for that purpose in or adjacent to the office of thecounty board of elections or at the additional site provided by G.S. 163‑227.2(f1),or to receive assistance except as provided in G.S. 163‑227.2;

(4)        For any owner,manager, director, employee, or other person, other than the voter's nearrelative or verifiable legal guardian, to make a written request pursuant toG.S. 163‑230.1 or an application on behalf of a registered voter who is apatient in any hospital, clinic, nursing home or rest home in this State or forany owner, manager, director, employee, or other person other than the voter'snear relative or verifiable legal guardian, to mark the voter's absentee ballotor assist such a voter in marking an absentee ballot. This subdivision does notapply to members, employees, or volunteers of the county board of elections, ifthose members, employees, or volunteers are working as part of a multipartisanteam trained and authorized by the county board of elections to assist voterswith absentee ballots. Each county board of elections shall train and authorizesuch teams, pursuant to procedures which shall be adopted by the State Board ofElections.

(5)        Repealed by SessionLaws 1987, c. 583, s. 8.

(6)        For any person totake into that person's possession for delivery to a voter or for return to acounty board of elections the absentee ballot of any voter, provided, however,that this prohibition shall not apply to a voter's near relative or the voter'sverifiable legal guardian;

(7)        Except as providedin 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 permitanother person to assist the voter in marking that voter's absentee ballot, tobe in the voter's presence when a voter votes an absentee ballot, or to observethe voter mark that voter's absentee ballot.

(b)        The State Board ofElections or a county board of elections, upon receipt of a sworn affidavitfrom any qualified voter of the State or the county, as the case may be,attesting to first‑person knowledge of any violation of subsection (a) ofthis section, shall transmit that affidavit to the appropriate districtattorney, who shall investigate and prosecute any person violating subsection(a). (1979, c.799, s. 4; 1983, c. 331, s. 2; 1985, c. 563, s. 4; 1987, c. 565, s. 7; c. 583,ss. 8, 10; 1995, c. 243, s. 1; 1999‑455, s. 3; 2005‑428, s. 5(b);2007‑391, s. 29(a).)