Current through the 2024 Budget Session
Section 22-26-106 - False voting(a) False voting consists of performing any of the following acts in connection with or related to the election process or an election:(i) Voting, or offering to vote, when not a qualified elector entitled to vote at the election;(ii) Voting, or offering to vote, in the name of another person or under a false name;(iii) Voting, or offering to vote, in a precinct other than that in which qualified to vote;(iv) Voting, or offering to vote, more than once in an election.(b) Unless otherwise provided in subsection (c) of this section, false voting is a misdemeanor offense punishable by a fine of not more than two hundred dollars ($200.00).(c) False voting committed with the knowledge of not being a qualified elector entitled to vote at the election or in that precinct is a high misdemeanor offense punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.(d) Second or subsequent offenses under subsection (c) of this section are felony offenses punishable by not more than five (5) years imprisonment, a fine of not more than ten thousand dollars ($10,000.00), or both.(e) The county sheriff shall investigate acts of false voting at the request of a county clerk who has reasonable cause to believe that a person has committed false voting. After an investigation and a finding that the allegation has merit, the county sheriff shall refer the matter to the district attorney for prosecution in the appropriate courts of this state.Amended by Laws 2018 , ch. 40, § 1, eff. 5/1/2018.