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. LBD16281-01-2A. 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.