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.
STATE OF NEW YORK
________________________________________________________________________
4759--B
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. LAVINE, BURDICK, OTIS, KELLES, SILLITTI, SIMON,
BURGOS, SHIMSKY, CARROLL, CHANG, McDONALD, LEVENBERG, WEPRIN, CRUZ,
McDONOUGH, DAVILA, ALVAREZ, EACHUS -- Multi-Sponsored by -- M. of A.
WOERNER -- read once and referred to the Committee on Election Law --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on
Election Law in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02053-04-4
A. 4759--B 2
1 3. 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 interferes with, or attempts to intimidate or interfere with
5 the ability of any person or class of persons to vote or to qualify to
6 vote in any primary, special, or general election is guilty of a class A
7 misdemeanor.
8 4. Whoever, whether or not acting under color of law, by force or
9 threat of force, or violence, or threat of harm to any person or proper-
10 ty including loss of employment or economic reprisal, willfully intim-
11 idates or attempts to intimidate any legally authorized election offi-
12 cial, or any person who is employed by, an agent, contractor, or vendor
13 of a legally authorized election official, administering or assisting in
14 the administration of any primary, special, or general election with the
15 intent to (a) impede or interfere with the official while the official
16 is engaged in the performance of the official's duties; or (b) retaliate
17 against the official on account of the official's performance of the
18 official's duties is guilty of a class A misdemeanor.
19 5. Whoever, whether or not acting under color of law, willfully phys-
20 ically damages or threatens to physically damage any physical property
21 being used as a polling place or tabulation center or other election
22 infrastructure, with the intent to interfere with the administration of
23 an election or the tabulation or certification of votes, is guilty of a
24 class D felony.
25 6. For purposes of this section, de minimus damage or threats of de
26 minimus damage to physical property shall not be considered a violation
27 of this section.
28 7. Whoever, whether or not acting under color of law, obstructs,
29 impedes, or otherwise interferes with access to any polling place or
30 elections office, an election official's access to or egress from any
31 other building being used for election related purposes, or obstructs,
32 impedes, or otherwise interferes with any voter in any manner that caus-
33 es or will reasonably have the effect of causing any delay in voting or
34 the voting process, including the canvassing and tabulation of ballots,
35 is guilty of a class A misdemeanor.
36 8. The provisions of this section shall not apply to an enforcement
37 action by the state board of elections or the attorney general, or by a
38 county board of elections, in accordance with this section or any other
39 provision of law against an election judge or poll watcher for a
40 violation of a statute or a rule promulgated by the state board of
41 elections, or the election inspector's, poll clerk's or election coordi-
42 nator's oath.
43 9. (a) The attorney general, a county attorney, or an election offi-
44 cial may bring a civil action to prevent or restrain a violation of this
45 section if there is a reasonable basis to believe that an individual or
46 entity is committing or intends to commit a prohibited act.
47 (b) In a civil action brought to prevent or restrain violations of
48 this subdivision or to require the payment of civil penalties, the
49 moving party may show that the action or attempted action would cause a
50 reasonable person to feel intimidated. The moving party does not need to
51 show that the actor intended to cause the victim to feel intimidated.
52 (c) The attorney general, an election official or any individual
53 injured by an act prohibited by this section, may bring a civil action
54 to recover damages, together with costs of investigation and reasonable
55 attorney fees, and receive other equitable relief as determined by the
56 court. An action brought by an election official is in the public inter-
A. 4759--B 3
1 est. In addition to all other damages, the court may impose a civil
2 penalty of up to three thousand dollars for each violation.
3 (d) Civil remedies allowable under this section are cumulative and do
4 not restrict any other right or remedy otherwise available. An action
5 for a penalty or remedy under this section shall be brought within two
6 years of the date the violation is alleged to have occurred.
7 10. For purposes of this section, the term:
8 (a) "election infrastructure" means any office of an election offi-
9 cial, staff, worker, or volunteer or any physical, mechanical, or elec-
10 trical device, structure, or tangible item used in the process of creat-
11 ing, distributing, voting, returning, counting, tabulating, auditing,
12 storing, canvassing or other handling of voter registration or ballot
13 information. Such term shall also include any equipment specified in
14 section 4-132 of this chapter.
15 (b) "election worker" means any election inspector, poll clerk or
16 election coordinator.
17 § 3. This act shall take effect immediately.
