North Carolina SB 392: Safeguard Fair Elections.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 392

Short Title: Safeguard Fair Elections. (Public)
Sponsors: Senators Chaudhuri, Murdock, and Smith (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S392-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE INCREASED PROTECTIONS FOR VOTERS AND ELECTIONS 2
OFFICIALS AGAINST VARIOUS FORMS OF INTERFERENCE WITH AN ELECTION 3
AND TO APPROPRIATE FUNDS FOR CERTAIN PURPOSES. 4
The General Assembly of North Carolina enacts: 5
6
PART I. VOTER PROTECTIONS AGAINST INTIMIDATION, THREATS, OR 7
COERCION 8
SECTION 1.1. Article 22 of Chapter 163 of the General Statutes is amended by 9
adding the following new sections to read: 10
"§ 163-275.1. Voter intimidation, threats, or coercion. 11
(a) As used in this section, the following definitions shall apply: 12
(1) Coerce. – To compel another person's conduct using force or threat of force, 13
whether that force is physical or economic, and is judged not in isolation but 14
in the context and background of contemporaneous events. 15
(2) Intimidate. – To willfully engage in conduct without legal purpose that would 16
cause a reasonable person to fear for the person's safety or the safety of the 17
person's immediate family or close personal associates by placing the person 18
in fear of death, bodily injury, or continued harassment. 19
(3) Threaten. – To express an intention to harm another. 20
(b) Notwithstanding any other provision of law, any person who does any of the 21
following is guilty of a Class H felony: 22
(1) Threatens or attempts to threaten any person: 23
a. For voting or attempting to vote. 24
b. For voting or attempting to vote for or against a particular candidate. 25
c. For registering to vote. 26
d. For urging or aiding any individuals to vote or attempting to vote, as 27
allowed by law. 28
e. For exercising any lawful powers or duties as an election official or 29
enlisting another person to do the same. 30
For purposes of this section, a person shall be found to have threatened another 31
person if the person knew or reasonably should have known that his or her 32
actions would produce that effect. 33
(2) Knowingly challenges a person's right to vote on fraudulent or spurious 34
grounds. 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 392-First Edition
(3) Engages in mass, indiscriminate, and groundless challenging of voters solely 1
for the purpose of preventing voters from voting or to delay the process of 2
voting or the lawful and orderly administration of an election. 3
(4) Fraudulently advises any person that the person is not eligible to vote or is not 4
registered to vote when in fact that person is eligible or registered to vote. 5
(c) Notwithstanding any other provision of law, an employer, whether a corporation or 6
natural person or any other person who employs, who shall, in paying its employees the salary 7
or wages due the employees, do any of the following shall be guilty of a Class H felony: 8
(1) Enclose the employees' pay in pay envelopes upon which or in which there is 9
written or printed the name of any candidate or any political mottoes, devices, 10
or arguments containing threats, express or implied, intended or calculated to 11
influence the political opinions or actions of the employees. 12
(2) In any way, express or implied, communicate that the employees' pay or 13
continued employment is conditioned on voting or not voting, or voting or not 14
voting for a specific candidate. 15
(d) Notwithstanding any other provision of law, any person who intimidates or coerces 16
or attempts to intimidate or coerce any person for any of the following is guilty of a Class A1 17
misdemeanor: 18
(1) Voting or attempting to vote. 19
(2) Voting or attempting to vote for or against a particular candidate. 20
(3) Urging or aiding any persons to vote or attempt to vote, as allowed by law. 21
(4) Exercising any lawful powers or duties as an election official or enlisting 22
another person for the purpose of doing the same. 23
For purposes of this section, a person shall be found to have intimidated or coerced another 24
person if the person knew or reasonably should have known that his or her actions would produce 25
that effect. 26
"§ 163-275.2. Right of action. 27
Any person aggrieved by a violation of G.S. 163-275.1 may bring an action for preventive 28
relief, including an application in a district court for a permanent or temporary injunction, 29
restraining order, or other order. In any action commenced pursuant to this section, the court, in 30
its discretion, may allow the prevailing party reasonable attorneys' fees. 31
"§ 163-275.3. Restitution; Fund. 32
(a) In addition to any other fine or penalty imposed by this Article, the court may order 33
any person convicted of violating this Article to pay a restitution fine, the amount of which shall 34
be determined by the court and be commensurate with the seriousness of the offens