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North Carolina: Protections Against Intimidation of Voters and Election Workers

This resource details state and federal laws protecting against the intimidation of voters and election workers and the disruption of the voting process.

Last Updated: June 26, 2024
Published: October 28, 2022
View the entire Laws Protecting Voters and Election Workers from Intimidation series

Voters in North Carolina have the right to vote free from intimidation under federal and state law.footnote1_-nHFZeVcXpNpH0rzjBzp5-ZaKJmCIf6lYABmzNuXUA_sLf4EX28Betg1See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); N.C. Gen. Stat. §§ 163–166.3(b), 163–166.4(a), 163–271, 163–272.1, 163–273, 163–274, 163–275. The federal protections that apply to all states are explained here. The following actions are specifically prohibited by North Carolina law:

The below addresses the laws that serve as guardrails against specific threats of intimidation.

Voter Challenges

Although North Carolina permits any registered voter to challenge the eligibility of another voter of the same county,footnote9_-IbVxdAhFUsbF4nkcNaWV3mTzVQZ1P1AsRSRdtu7rhU_jbKiV35Z0MQe9N.C. Gen. Stat. §§ 163–85(a), 163–87. state law also provides for some guardrails:

The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

The Brennan Center published a detailed resource on the limits on voter eligibility challenges in North Carolina here.

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, it is a misdemeanor in North Carolina to interfere with any election officer or member of any board of elections while they are performing their duties; to disturb any member of any election board or any chief judge or judge of elections in the performance of that person’s duties; or to impersonate a chief judge, judge, or other precinct official while they are discharging their duties.footnote17_GxtckFtcq25VF6CL6i0xyKjzrK9HEJ5UDLTVAR4o8_cI0AlFyGGyCS17N.C. Gen. Stat. § 163–274(a)(4), (a)(5), (b)(2). It is a felony to intimidate or threaten an election official.footnote18_1UF6ZuIkMlsWnojRkjgTeIFk4B3GFkM0QhQeHSp0TD0_guwZN93bheDa18N.C. Gen. Stat § 163–275(11). It is also a felony to assault an election official while they are carrying out their duties in conducting an election.footnote19_xy2Kxv0lgRJjEJ9FbDRfSemRIkDPe5Gu-ZfS34CCtJM_xi2A8E3nxprS19N.C. Gen. Stat. § 163–275(10).

Voter Intimidation by Poll Workers

The Brennan Center published a detailed resource on the rules and constraints for North Carolina poll workers here.

Intimidation by Poll Watchers

In addition to North Carolina’s voter intimidation laws detailed above, state law places limits on who may serve as an observer and what they may and may not do:footnote20_9muRxlJw0iVw6oxBmZ5dqTcbOh6AyuE7W2KsgZmKGwA_tT69MfSTruej20Note that in North Carolina, poll watchers are called “observers.”

Election workers are responsible for enforcing peace and order at a polling place and may eject observers who engage in prohibited conduct.footnote26_hu8EcDvxbesJxpX3J2ZukCgzrNU4a1mVKOAAHT4Dog_sgCdVcTKZXCa26N.C. Gen. Stat. §§ 163–47(a), 163–48.

The Brennan Center published a detailed resource on the rules and constraints on North Carolina poll watchers here.

Door-to-Door Intimidation

North Carolina law and federal law prohibit canvassing efforts that are used to intimidate voters. The state board of elections issued a statement in February 2022 in response to private individuals knocking on doors to collect information from voters about the 2020 election. The statement reminded voters that they need not disclose any private information, such as their voting record, to anyone who comes to their home. In addition to the federal laws prohibiting voter intimidation, North Carolina law provides further safeguards to protect against intimidation caused by predatory canvassers:

Guns at Polling Places

North Carolina law limits the carrying of guns in a number of places that are commonly used as polling places, including schools, courthouses, and at demonstrations on state or county property.footnote30_np00JLYQyBg-suEM0baDW-jEl7g2wOQU9wC-ZOMYA_pZ8aG8J21RCR30N.C. Gen. Stat. §§ 14–269.2, 14.269.4. It is also a crime to brandish a firearm at a person or to carry a firearm in public for the purpose of terrifying others.footnote31_9MyVneSkRnPd9KOui5CXVUn4psQ25OeMa2dlGjgjQXY_wGydOPh5tVwi31N.C. Gen. Stat. § 14–34; see also State v. Dawson, 272 N.C. 535, 541–42 (1968); State v. Staten, 32 N.C. App. 495, 496–97 (1977) (citing Dawson); State v. Huntly, 25 N.C. 418, 418 (1843).

Even at locations where firearms are not prohibited, firearm carry may constitute unlawful intimidation. Such conduct may consist of carrying a visible firearm while at a polling location, drop box, or vote-counting site; displaying a concealed firearm during a discussion or argument with a voter or election worker; or approaching a voter or election worker while displaying a firearm.

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