Assembly Bill A4759A

2023-2024 Legislative Session

Enacts the election workers and polling places protection act

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A4759 - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add §17-213, El L
Versions Introduced in 2021-2022 Legislative Session:
A10687

2023-A4759 - Summary

Enacts the "election workers and polling places protection act" to protect 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.

2023-A4759 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4759
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "election workers, voters and polling places protection act".
   §  2.  The  election  law is amended by adding a new section 17-213 to
 read as follows:
   § 17-213. ELECTION WORKERS, VOTERS AND POLLING  PLACE  PROTECTION.  1.
 WHOEVER, WHETHER OR NOT ACTING UNDER COLOR OF LAW, BY FORCE OR THREAT OF
 FORCE,  OR  VIOLENCE, OR THREAT OF HARM TO ANY PERSON OR PROPERTY, WILL-
 FULLY INTIMIDATES OR INTERFERES  WITH,  OR  ATTEMPTS  TO  INTIMIDATE  OR
 INTERFERE  WITH,  THE  ABILITY  OF ANY PERSON OR ANY CLASS OF PERSONS TO
 VOTE OR QUALIFY TO VOTE, OR TO QUALIFY OR ACT AS A POLL WATCHER, OR  ANY
 LEGALLY AUTHORIZED ELECTION OFFICIAL, IN ANY PRIMARY, SPECIAL, OR GENER-
 AL ELECTION, OR ANY PERSON WHO IS, OR IS EMPLOYED BY, AN AGENT, CONTRAC-
 TOR,  OR  VENDOR  OF A LEGALLY AUTHORIZED ELECTION OFFICIAL ASSISTING IN
 THE ADMINISTRATION OF ANY PRIMARY,  SPECIAL,  OR  GENERAL  ELECTION,  IS
 GUILTY OF A CLASS D FELONY.
   2.  WHOEVER, WHETHER OR NOT ACTING UNDER COLOR OF LAW, WILLFULLY PHYS-
 ICALLY DAMAGES OR THREATENS TO PHYSICALLY DAMAGE ANY  PHYSICAL  PROPERTY
 BEING  USED  AS  A  POLLING PLACE OR TABULATION CENTER OR OTHER ELECTION
 INFRASTRUCTURE, WITH THE INTENT TO INTERFERE WITH THE ADMINISTRATION  OF
 AN  ELECTION OR THE TABULATION OR CERTIFICATION OF VOTES, IS GUILTY OF A
 CLASS D FELONY.
   3. FOR PURPOSES OF THIS SECTION, DE MINIMUS DAMAGE OR  THREATS  OF  DE
 MINIMUS  DAMAGE TO PHYSICAL PROPERTY SHALL NOT BE CONSIDERED A VIOLATION
 OF THIS SECTION.
   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
              

co-Sponsors

multi-Sponsors

2023-A4759A (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add §17-213, El L
Versions Introduced in 2021-2022 Legislative Session:
A10687

2023-A4759A (ACTIVE) - Summary

Enacts the "election workers and polling places protection act" to protect 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.

2023-A4759A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4759--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M. of A. LAVINE, BURDICK, OTIS, KELLES, SILLITTI, SIMON,
   BURGOS, SHIMSKY -- read once and referred to the Committee on Election
   Law --  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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "election workers and polling places protection act".
   § 2. The election law is amended by adding a  new  section  17-213  to
 read as follows:
   §  17-213.  ELECTION WORKERS AND POLLING PLACE PROTECTION. 1. WHOEVER,
 WHETHER OR NOT ACTING UNDER COLOR OF LAW, BY FORCE OR THREAT  OF  FORCE,
 OR  VIOLENCE,  OR  THREAT  OF  HARM TO ANY PERSON OR PROPERTY, WILLFULLY
 INTIMIDATES OR INTERFERES WITH, OR ATTEMPTS TO INTIMIDATE  OR  INTERFERE
 WITH,  THE  ABILITY  OF ANY PERSON OR ANY CLASS OF PERSONS TO QUALIFY OR
 ACT AS A POLL WATCHER, OR ANY LEGALLY AUTHORIZED ELECTION  OFFICIAL,  IN
 ANY  PRIMARY,  SPECIAL, OR GENERAL ELECTION, OR ANY PERSON WHO IS, OR IS
 EMPLOYED BY, AN AGENT, CONTRACTOR, OR VENDOR  OF  A  LEGALLY  AUTHORIZED
 ELECTION  OFFICIAL  ASSISTING  IN  THE  ADMINISTRATION  OF  ANY PRIMARY,
 SPECIAL, OR GENERAL ELECTION, IS GUILTY OF A CLASS D FELONY.
   2. WHOEVER, WHETHER OR NOT ACTING UNDER COLOR OF LAW, WILLFULLY  PHYS-
 ICALLY  DAMAGES  OR THREATENS TO PHYSICALLY DAMAGE ANY PHYSICAL PROPERTY
 BEING USED AS A POLLING PLACE OR TABULATION  CENTER  OR  OTHER  ELECTION
 INFRASTRUCTURE,  WITH THE INTENT TO INTERFERE WITH THE ADMINISTRATION OF
 AN ELECTION OR THE TABULATION OR CERTIFICATION OF VOTES, IS GUILTY OF  A
 CLASS D FELONY.
   3.  FOR  PURPOSES  OF THIS SECTION, DE MINIMUS DAMAGE OR THREATS OF DE
 MINIMUS DAMAGE TO PHYSICAL PROPERTY SHALL NOT BE CONSIDERED A  VIOLATION
 OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02053-02-3
              

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