Bill Text: NY S01524 | 2025-2026 | General Assembly | Introduced

---

Bill Title: Enacts the "election workers and polling places protection act" to protect poll watchers, election officials, voters and physical property being used as a polling place or by the board of elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-10 - REFERRED TO ELECTIONS [S01524 Detail]

Download: New_York-2025-S01524-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1524

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 10, 2025
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Elections

        AN ACT to amend the election law, in relation to enacting the  "election
          workers and polling places protection act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "election workers and polling places protection act".
     3    §  2.  The  election  law is amended by adding a new section 17-213 to
     4  read as follows:
     5    § 17-213. Election workers and polling place protection.  1.  Whoever,
     6  whether  or not acting under color of law, interferes in any manner with
     7  any election official in the discharge of the election  official's  duty
     8  or  to  induce any election official to violate or refuse to comply with
     9  the election official's duty or any law regulating the same,  is  guilty
    10  of a class A misdemeanor.
    11    2.  Whoever,  whether  or  not  acting under color of law, by force or
    12  threat of force, or violence, or threat of harm to any person or proper-
    13  ty including loss of employment or economic reprisal,  willfully  intim-
    14  idates  or  interferes with, or attempts to intimidate or interfere with
    15  the ability of any person or any class of persons to qualify or act as a
    16  poll watcher in any primary, special, or general election, is guilty  of
    17  a class A misdemeanor.
    18    3.  Whoever,  whether  or  not  acting under color of law, by force or
    19  threat of force, or violence, or threat of harm to any person or proper-
    20  ty including loss of employment or economic reprisal,  willfully  intim-
    21  idates  or  interferes with, or attempts to intimidate or interfere with
    22  the ability of any person or class of persons to vote or to  qualify  to
    23  vote in any primary, special, or general election is guilty of a class A
    24  misdemeanor.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04438-01-5
        S. 1524                             2

     1    4.  Whoever,  whether  or  not  acting under color of law, by force or
     2  threat of force, or violence, or threat of harm to any person or proper-
     3  ty including loss of employment or economic reprisal,  willfully  intim-
     4  idates  or  attempts to intimidate any legally authorized election offi-
     5  cial,  or any person who is employed by, an agent, contractor, or vendor
     6  of a legally authorized election official, administering or assisting in
     7  the administration of any primary, special, or general election with the
     8  intent to (a) impede or interfere with the official while  the  official
     9  is engaged in the performance of the official's duties; or (b) retaliate
    10  against  the  official  on  account of the official's performance of the
    11  official's duties is guilty of a class A misdemeanor.
    12    5. Whoever, whether or not acting under color of law, willfully  phys-
    13  ically  damages  or threatens to physically damage any physical property
    14  being used as a polling place or tabulation  center  or  other  election
    15  infrastructure,  with the intent to interfere with the administration of
    16  an election or the tabulation or certification of votes, is guilty of  a
    17  class D felony.
    18    6.  For  purposes  of this section, de minimus damage or threats of de
    19  minimus damage to physical property shall not be considered a  violation
    20  of this section.
    21    7.  Whoever,  whether  or  not  acting  under color of law, obstructs,
    22  impedes, or otherwise interferes with access to  any  polling  place  or
    23  elections  office,  an  election official's access to or egress from any
    24  other building being used for election related purposes,  or  obstructs,
    25  impedes, or otherwise interferes with any voter in any manner that caus-
    26  es  or will reasonably have the effect of causing any delay in voting or
    27  the voting process, including the canvassing and tabulation of  ballots,
    28  is guilty of a class A misdemeanor.
    29    8.  The  provisions  of this section shall not apply to an enforcement
    30  action by the state board of elections or the attorney general, or by  a
    31  county  board of elections, in accordance with this section or any other
    32  provision of law against  an  election  judge  or  poll  watcher  for  a
    33  violation  of  a  statute  or  a  rule promulgated by the state board of
    34  elections, or the election inspector's, poll clerk's or election coordi-
    35  nator's oath.
    36    9. (a) The attorney general, a county attorney, or an  election  offi-
    37  cial may bring a civil action to prevent or restrain a violation of this
    38  section  if there is a reasonable basis to believe that an individual or
    39  entity is committing or intends to commit a prohibited act.
    40    (b) In a civil action brought to prevent  or  restrain  violations  of
    41  this  subdivision  or  to  require  the  payment of civil penalties, the
    42  moving party may show that the action or attempted action would cause  a
    43  reasonable person to feel intimidated. The moving party does not need to
    44  show that the actor intended to cause the victim to feel intimidated.
    45    (c)  The  attorney  general,  an  election  official or any individual
    46  injured by an act prohibited by this section, may bring a  civil  action
    47  to  recover damages, together with costs of investigation and reasonable
    48  attorney fees, and receive other equitable relief as determined  by  the
    49  court. An action brought by an election official is in the public inter-
    50  est.  In  addition  to  all  other damages, the court may impose a civil
    51  penalty of up to three thousand dollars for each violation.
    52    (d) Civil remedies allowable under this section are cumulative and  do
    53  not  restrict  any  other right or remedy otherwise available. An action
    54  for a penalty or remedy under this section shall be brought  within  two
    55  years of the date the violation is alleged to have occurred.
    56    10. For purposes of this section, the term:
        S. 1524                             3

     1    (a)  "election  infrastructure"  means any office of an election offi-
     2  cial, staff, worker, or volunteer or any physical, mechanical, or  elec-
     3  trical device, structure, or tangible item used in the process of creat-
     4  ing,  distributing,  voting,  returning, counting, tabulating, auditing,
     5  storing,  canvassing  or  other handling of voter registration or ballot
     6  information. Such term shall also include  any  equipment  specified  in
     7  section 4-132 of this chapter.
     8    (b)  "election  worker"  means  any  election inspector, poll clerk or
     9  election coordinator.
    10    § 3. This act shall take effect immediately.