A bill in the General Assembly would regulate behavior at polling places and protect political signs outside those locations from theft or vandalism.
House Bill 967, “Disorderly Conduct at Voting Places,” is sponsored by Tricia Cotham (R-Mecklenburg). It has two substantive sections. The first would extend the protection currently given to public facilities to private buildings while they are being used as voting locations. The second would protect political signs placed outside polling places.
No “riotous noise,” graffiti, or making oneself a nuisance at polling places
Under North Carolina law, it is a misdemeanor to do any of the following at a public building or other public facility (language amended in the bill):
- “Make any rude or riotous noise, or engage in any disorderly conduct, in or near any public building or facility.
- “Unlawfully write or scribble on, mark, deface, besmear, or injure the walls of any public building or facility, or any statue or monument situated in any public place.
- Commit any nuisance in or near any public building or facility.”
Those protections are already in place for polling places located in schools, firehouses, or other government facilities, but not for those in churches, Lions Club lodges, or other private buildings.
The bill would designate private buildings as public facilities while “temporarily in use as a voting place… during the hours for voting.”
It is reasonable to wonder if making “any rude or riotous noise” or committing “any nuisance” in or near any public building or facility is overly broad. While it may be necessary to allow the public’s business to be conducted unhindered, it may also give police too much power to restrict speech.
However, that is not a debate for this bill, which only extends the protections already afforded to polling places in government buildings to private buildings while they are being used for voting.
Don’t even think about touching that sign!
One unfortunate reality of election season is people stealing or damaging campaign signs. Signs placed in right-of-ways during election season and on private property are protected by law.
The bill would extend that protection to campaign signs placed on the property of polling locations, making it a “Class 3 misdemeanor for a person to steal, deface, vandalize, or unlawfully remove political advertising that is lawfully placed under this subsection.” Those convicted of Class 3 misdemeanors are only subject to a fine unless they have several prior convictions.
“Lawfully placed” here means on the property of the voting location, but outside the edge of a buffer zone established 25-50 feet from the main entrance of the voting place.
Cosponsoring with a bit of political courage
Cotham, the bill’s primary sponsor, became anathema to Democrats after she switched parties in 2023, giving Republicans a supermajority in the state House. Democratic Party leaders called for her resignation and accused her of “deceit of the highest order.”
So it was a bit of a surprise to see Representative Pricey Harrison (D-Guilford) listed as one of the cosponsors on Cotham’s bill. North Carolina’s Democratic Party is known for punishing legislators who cooperate with Republicans. While Harrison has a reputation for being open-minded, she is safely ensconced on the political left with a lifetime “F” grade (26/100) in Civitas Action’s Freedom Rankings. Perhaps this is an “only Nixon could go to China” situation in which a reliably progressive Democrat can do something that someone more moderate cannot without fear of political reprisals.
The bill has been assigned to the Committee on Election Law.
