§ 163-273. Offenses of voters; interference with voters; penalty.
Overview of Statute
Section enumerates the subsequent conduct as violations which shall constitute a class 2 misdemeanor.
(a) Any person who shall, in connection with any primary or election in this State, do any of the acts and things declared in this section to be unlawful, shall be guilty of a Class 2 misdemeanor. It shall be unlawful:
(1) For a voter, except as otherwise provided in this Chapter, to allow his ballot to be seen by any person.
(2) For a voter to take or remove, or attempt to take or remove, any ballot from the voting enclosure.
(3) For any person to interfere with, or attempt to interfere with, any voter when inside the voting enclosure.
(4) For any person to interfere with, or attempt to interfere with, any voter when marking his ballots.
(5) For any voter to remain longer than the specified time allowed by this Chapter in a voting booth, after being notified that his time has expired.
(6) For any person to endeavor to induce any voter, while within the voting enclosure, before depositing his ballots, to show how he marks or has marked his ballots.
(7) For any person to aid, or attempt to aid, any voter by means of any mechanical device, or any other means whatever, while within the voting enclosure, in marking his ballots.
(b) Election officers shall cause any person committing any of the offenses set forth in subsection (a) of this section to be arrested and shall cause charges to be preferred against the person so offending in a court of competent jurisdiction.
(1967, c. 775, s. 1; 1987, c. 565, s. 12; 1993, c. 539, s. 1111; 1994, Ex. Sess., c. 24, s. 14(c); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
- Unlawful Acts
1. Definition for Voting booth
“Voting booth” means the private space in which a voter is to mark an official ballot.
2. Definition for Voting enclosure
“Voting enclosure” means the room within the voting place that is used for voting.
3. Definition for State
“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
4. Definition for person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
5. Definition for Ballot
(Effective until January 1, 2018 or September 1, 2019 – see note) “Ballot” means an instrument on which a voter indicates that voter’s choice for a ballot item so that it may be recorded as a vote for or against a certain candidate or referendum proposal. The term “ballot” may include a paper ballot to be counted by hand, a paper ballot to be counted on an electronic
scanner, the face of a lever voting machine, the image on a direct record electronic unit, or a ballot used on any other voting system.
(Effective January 1, 2018 or September 1, 2019 – see note) “Ballot” means an instrument on which a voter indicates that voter’s choice for a ballot item so that it may be recorded as a vote for or against a certain candidate or referendum proposal, and is evidenced by an individual paper document that bears marks made by the voter by hand or through electronic
means, whether preprinted or printed in the voting enclosure.
6. Definition for Office
(4) Office. – The elected office for which the candidate has filed or petitioned.
(2006-155, s. 1; 2006-259, s. 48(a); 2017-6, s. 3.)
7. Definition for election
The term “election” means any general or special election, a first or second primary, a run-off election, or an election to fill a vacancy. The term “election” shall not include any local or statewide referendum.
8. Definition for Election
“Election” means the event in which voters cast votes in ballot items concerning proposals or candidates for office in this State or the United States. The term includes primaries, general elections, referenda, and special elections.