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.
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