1. A. Intimidation consists of inducing or attempting to induce fear in the secretary of state, a county clerk, a municipal clerk or an employee or agent of the secretary of state, an employee or agent of a county clerk, an employee or agent of a municipal clerk, a member of an election board, a voter, a challenger or a watcher by use of or threatened use of force, violence, infliction of damage, harm or loss, or any form of economic retaliation upon the secretary of state, a county clerk, a municipal clerk or an employee or agent of the secretary of state, an employee or agent of a county clerk, an employee or agent of a municipal clerk, a member of an election board, a voter, a challenger or a watcher for the purpose of impeding or preventing the free exercise of the elective franchise or the impartial administration of the election or Election Code, under color of law or otherwise.
2. B. Whoever commits intimidation is guilty of a fourth degree felony, in addition to any other offense provided by law.

History: 1953 Comp., § 3-20-12, enacted by Laws 1969, ch. 240, § 438; 1978 Comp., § 1-20-14; 2023, ch. 32, § 1; 2026, ch. 58, § 13.

ANNOTATIONS

The 2026 amendment, effective May 20, 2026, prohibited persons acting under color of law or otherwise from intimidating election officials; added new subsection designations "A" and "B"; in Subsection A, after "Election Code" added "under color of law or otherwise"; and in Subsection B, after "fourth degree felony" added "in addition to any other offense provided by law".

The 2023 amendment, effective June 16, 2023, amended the crime of intimidation to include acts against election officials and employees and agents of the secretary of state, county clerks and municipal clerks; after "attempting to induce fear in", added "the secretary of state, a county clerk, a municipal clerk or", after the next occurrence of "any", added "employee or agent of the secretary of state, employee or agent of a county clerk, employee or agent of a municipal clerk", after "member of", deleted "a precinct" and added "an election", after "retaliation upon", added "the secretary of state, a county clerk, a municipal clerk or", after the next occurrence of "any", deleted "voter, precinct board" and added "employee or agent of the secretary of state, employee or agent of a county clerk, employee or agent of a municipal clerk", and after the next occurrence of "member", added "of an election board, voter"..

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 473.

Suspension or expulsion of member of labor union for refusal to pay assessment imposed for purpose of promoting or defeating contemplated legislation as violation of statute against intimidation of voters, 175 A.L.R. 397.

29 C.J.S. Elections §§ 333, 344.