Bill Text: NY A04759 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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: Strong Partisan Bill (Democrat 22-2)

Status: (Introduced) 2024-04-08 - print number 4759b [A04759 Detail]

Download: New_York-2023-A04759-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4759

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 23, 2023
                                       ___________

        Introduced  by  M. of A. LAVINE, BURDICK, OTIS, KELLES, SILLITTI, SIMON,
          BURGOS -- 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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02053-01-3
        A. 4759                             2

     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,  or other handling of voter registration or ballot information.
     6  Such term shall also include any equipment specified in section 4-132 of
     7  this chapter.
     8    (b) "election worker" means any  election  inspector,  poll  clerk  or
     9  election coordinator.
    10    § 3. This act shall take effect immediately.