Voter Crimes

Published for NC Criminal Law on October 24, 2016.

It’s election season, and friends and family have asked me a few questions about crimes associated with voting. I’m not an expert on election laws – here at the School of Government, Bob Joyce is our go-to guy on such issues – but I’ve tried to respond correctly. Read on for the questions and answers. Is voter fraud a crime? Yes. When people talk about voter fraud, they normally mean things like: -Registering, and perhaps voting, in more than one precinct. That’s a felony under G.S. 163-275(1), (7). -Voting on behalf of another person. That’s a felony under G.S. 163-275(1). -Making false statements on a registration form in order to become registered to vote. That’s a felony under G.S. 163-275(13). Can I bring my minor child with me to vote? Yes, and it’s a good thing, too, since I’ve done this myself many times. G.S. 163-166.3(a)(6) states that “[m]inor children of the voter . . . [or] under the care of the voter” may accompany a voter. Can I bring my gun with me to vote? It depends on where you vote. There’s nothing in Chapter 163 of the General Statutes (Elections and Election Laws) that prohibits bringing a firearm to a polling place. North Carolina is not unique in this regard. According to the Washington Post, a majority of states are in the same boat. However, polling places are often in schools, where G.S. 14-269.2 makes it a crime to possess a firearm, or in other local government buildings where [...]