Bill Text: NY S07725 | 2023-2024 | General Assembly | Introduced

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

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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) 2024-05-20 - REPORTED AND COMMITTED TO CODES [S07725 Detail]

Download: New_York-2023-S07725-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7725

                               2023-2024 Regular Sessions

                    IN SENATE

                                    October 23, 2023
                                       ___________

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

        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, by force or threat of force,
     7  or violence, or threat of harm to  any  person  or  property,  willfully
     8  intimidates  or  interferes with, or attempts to intimidate or interfere
     9  with, the ability of any person or any class of persons  to  qualify  or
    10  act  as  a poll watcher, or any legally authorized election official, in
    11  any primary, special, or general election, or any person who is,  or  is
    12  employed  by,  an  agent,  contractor, or vendor of a legally authorized
    13  election official  assisting  in  the  administration  of  any  primary,
    14  special, or general election, is guilty of a class D felony.
    15    2.  Whoever, whether or not acting under color of law, willfully phys-
    16  ically damages or threatens to physically damage any  physical  property
    17  being  used  as  a  polling place or tabulation center or other election
    18  infrastructure, with the intent to interfere with the administration  of
    19  an  election or the tabulation or certification of votes, is guilty of a
    20  class D felony.
    21    3. For purposes of this section, de minimus damage or  threats  of  de
    22  minimus  damage to physical property shall not be considered a violation
    23  of this section.
    24    4. For purposes of this section, the term:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02053-03-3
        S. 7725                             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.