Gottfried, Englebright, Otis, Burdick, O'Donnell, Kelles, Burgos, Sillitti, Simon
 
MLTSPNSR
 
Add §17-213, El L
 
Enacts the "election workers, voters and polling places protection act" to protect voters, poll watchers, election officials, and any damage to physical property being used as a polling place or by the board of elections; makes violations a class D felony which includes imprisonment of up to seven years.
STATE OF NEW YORK
________________________________________________________________________
10687
IN ASSEMBLY
September 9, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to enacting the "election
workers, voters 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, voters 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, voters and polling place protection. 1.
6 Whoever, whether or not acting under color of law, by force or threat of
7 force, or violence, or threat of harm to any person or property, will-
8 fully intimidates or interferes with, or attempts to intimidate or
9 interfere with, the ability of any person or any class of persons to
10 vote or qualify to vote, or to qualify or act as a poll watcher, or any
11 legally authorized election official, in any primary, special, or gener-
12 al election, or any person who is, or is employed by, an agent, contrac-
13 tor, or vendor of a legally authorized election official assisting in
14 the administration of any primary, special, or general election, is
15 guilty of a class D felony.
16 2. Whoever, whether or not acting under color of law, willfully phys-
17 ically damages or threatens to physically damage any physical property
18 being used as a polling place or tabulation center or other election
19 infrastructure, with the intent to interfere with the administration of
20 an election or the tabulation or certification of votes, is guilty of a
21 class D felony.
22 3. For purposes of this section, de minimus damage or threats of de
23 minimus damage to physical property shall not be considered a violation
24 of this section.
25 4. For purposes of this section, the term:
26 (a) "election infrastructure" means any office of an election offi-
27 cial, staff, worker, or volunteer or any physical, mechanical, or elec-
28 trical device, structure, or tangible item used in the process of creat-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16281-01-2
A. 10687 2
1 ing, distributing, voting, returning, counting, tabulating, auditing,
2 storing, or other handling of voter registration or ballot information.
3 Such term shall also include any equipment specified in section 4-132 of
4 this chapter.
5 (b) "election worker" means any election inspector, poll clerk or
6 election coordinator.
7 § 3. This act shall take effect immediately.