Election Fraud and State Board of Elections Investigations in North Carolina

In the current political climate, allegations of election fraud have become a major topic of national discussion, including North Carolina. With the high stakes involved and North Carolina’s position as a potential swing state, it is worth taking a closer look at how election fraud cases are investigated and prosecuted.

What is Election Fraud?

As previously discussed in the wake of the 2022 election, election fraud simply refers to impermissible acts intended to interfere with the election process. Elections in North Carolina are governed by Chapter 163 of the North Carolina General Statutes, and Article 22 outlines related criminal offenses and penalties, which include:  

• Voter Fraud: Instances where an individual votes more than once or an ineligible voter casts a ballot.
• Tampering with Ballots: Destroying or altering ballots.
• Improper Influence or Coercion: Pressuring voters to vote in a particular way or providing unlawful incentives for their vote.
• False Voter Registration: Registering under false information or registering non-residents or deceased individuals to inflate voter rolls.

Violations of these laws can lead to criminal charges, including misdemeanors or felonies, depending on the nature of the offense.

The Role of the North Carolina State Board of Elections

The North Carolina State Board of Elections (“SBE”) is tasked with ensuring the integrity of the State’s elections. The SBE is responsible for overseeing voter registration, election administration, and addressing allegations of misconduct. It also works with county boards of elections to implement election laws, train election officials, and monitor the electoral process.

While local district attorney’s offices have the authority to seek charges if they become independently aware of possible wrongdoing, most elections law violations originate with the SBE when a complaint is received. Complaints can be filed by local election boards, watchdog group, candidates and political parties, or private citizens.

When allegations of election fraud arise, the SBE conducts an initial staff review. If insufficient priority issues are found and further action is not necessary, a recommendation is made to the SBE General Counsel and the case will be closed. However, if the initial review determines that the complaint has legitimacy, the SBE Investigations Division will open a case and conduct further investigation, which typically includes:

• Collecting Evidence: Reviewing voter rolls, ballot documents, and records of election processes to identify discrepancies.
• Interviewing Witnesses: Speaking with voters, election workers, and others who may have witnessed or participated in questionable activities.
• Referral to Law Enforcement: If there is credible evidence of election fraud, the SBE can refer the case for criminal prosecution. Usually, this referral is made to the local DA’s Office, although certain offenses must be referred to the Wake County District Attorney in Raleigh. Commonly, prosecutors will supplement with their own investigation with the involvement of the State Bureau of Investigations before a charging decision is made. In the event of a conflict, a referral can be made to the N.C. Attorney General’s Office.

While an individual under investigation cannot be compelled to speak with investigators, the SBE has the power to summon witnesses and require the production of certain records.  

What are the Penalties for Election Fraud?

In North Carolina, election fraud is a serious offense. Penalties in the event of a conviction can include:

• Fines and Incarceration: Depending on the type and severity of the act, offenders can face fines, jail time, or both.
• Disqualification from holding office: Individuals found guilty of election fraud can be barred from holding public office.
• Civil Penalties: In some cases, violators may also face civil penalties, including fines or forfeiture of illegally obtained campaign contributions.

How to Respond to Allegations of Voter Fraud?

If you are informed that you are the target of an investigation into election violations, contact an attorney immediately. Whether the case is still in the review process with the SBE or a referral has already been made for prosecution, an attorney can better help you understand your rights, especially if investigators are requesting an interview.