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Monday
May052014

North Carolina vs. New Hampshire

North Carolina arrests one Antonio Terez Harris for Election Law Violations

http://www.aberdeentimes.com/index.php/local/crime-reports/item/1588-aberdeen-man-charged-with-voter-registration-fraud

Looks like the County Sheriff arrested Mr. Harris of:

707 Lake Dr. Herculaneum, MO 63048 Phone Number: (636) 479-6314

Also of 115 Meadowfield Circle, Aberdeen, N.C.

Think Mr. Harris has a DOMICILE problem?

There is so little information about this arrest in the news readers are left to speculate what got Mr. Harris in trouble. But now might be a good time to look at the difference in North Carolina law and our statutes here in New Hampshire.

Notice a slight difference?

North Carolina General Statutes § 163-278 Duty of investigating and prosecuting violations of this Article

It shall be the duty of the State Board of Elections and the district attorneys to investigate any violations of this Article, and the Board and district attorneys are authorized and empowered to subpoena and compel the attendance of any person before them for the purpose of making such investigation. The State Board of Elections and the district attorneys are authorized to call upon the Attorney General to furnish assistance by the State Bureau of Investigation in making the investigations of such violations. The State Board of Elections shall furnish the district attorney a copy of its investigation. The district attorney shall initiate prosecution and prosecute any violations of this Article. The provisions of G.S. 163-278.28 shall be applicable to violations of this Article. (1931, c. 348, s. 12; 1967, c. 775, s. 1; 1975, c. 565, s. 7.)

State of New Hampshire

7:6-c Enforcement of the Election Laws. –

    I. Upon receipt of a signed written complaint, or upon his or her own motion, the attorney general may in his or her discretion, conduct investigations to determine whether any violation of the election laws has occurred and may prosecute anyone responsible for such a violation. In conducting an investigation under this section the attorney general may enlist the aid of the county attorneys, the state police, and other public officers. In the exercise of his or her powers and duties under this section, the attorney general may hold hearings and require the attendance of individuals by the use of subpoena and may require the production of books, documents, records, and other tangible goods by use of subpoena duces tecum. Any testimony required by the attorney general at a hearing which he or she is empowered to hold under this section shall be given under oath. The attorney general shall maintain records of complaints and investigations of alleged violations of the election laws.

    II. (a) Beginning January 31, 2013, the attorney general shall, at least once during every 6-month period, provide a rolling report to the general court on the status of all complaints of alleged violations of the election laws received. The attorney general shall submit the report to the standing committees of the senate and house of representatives with jurisdiction over election law.

       (b) The report shall include, but not be limited to the following:

          (1) A summary of complaints received during the preceding 6 months, or during the period since the previous report if such period is less than 6 months, including the number of complaints categorized by type of complaint and month received.

          (2) For each complaint investigated, the results of the investigation and a description of actions taken following the investigation.

          (3) For each complaint not investigated, an explanation of why the complaint was not investigated.

       (c) The requirements of subparagraph (b)(2) or (b)(3) may be satisfied by including with the report, for the complaint described, a closure letter, settlement agreement, cease and desist order, or complaint filed with a court, or any other official communication.

Source. 1971, 314:1. 2012, 95:1, eff. May 29, 2012.

 

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