• 1985 - Interference With Election
  • K-16.05
    • Dwellings
    • Election
    • Force
    • Public Crimes
    • Public Crimes
    • Threats
  • A person, whether or not acting under color of law, who by force or threat of force or by economic coercion, intentionally injures, intimidates, or interferes with another [because that person is or has been voting for any candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election] [in order to prevent that person or any other person from voting for any candidate or issue or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election] is guilty of Interference With Election.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, whether or not acting under color of law, by force or threat of force, or by economic coercion;

     

    2) Intentionally [injured, intimidated, or interfered with _______________ [because _______________ was or had been] [in order to prevent _______________ or any other person from] voting for any candidate or issue or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election], as follows: _______________.

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02.]


    *****

    • 12.1-14-02
    • Dahl v. Nelson, 56 NW2d 757, 759-60 (ND 1953)
    • Maloney v. City of Grand Forks, 15 NW2d 769 (ND 1944)
    • Skjervem v. Minot State University, 2003 ND 52, 658 NW2d 750 (discussion of notice)
  • Notes: 2009 - reviewed with no changes