Assembly Bill A4759B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4759--B
 
                        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, CARROLL, CHANG, McDONALD,  LEVENBERG,  WEPRIN,  CRUZ,
   McDONOUGH,  DAVILA,  ALVAREZ, EACHUS -- Multi-Sponsored by -- M. of A.
   WOERNER -- read once and referred to the Committee on Election Law  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee  --  recommitted  to  the  Committee  on
   Election  Law  in accordance with Assembly Rule 3, sec. 2 -- 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, INTERFERES IN ANY MANNER WITH
 ANY ELECTION OFFICIAL IN THE DISCHARGE OF THE ELECTION  OFFICIAL'S  DUTY
 OR  TO  INDUCE ANY ELECTION OFFICIAL TO VIOLATE OR REFUSE TO COMPLY WITH
 THE ELECTION OFFICIAL'S DUTY OR ANY LAW REGULATING THE SAME,  IS  GUILTY
 OF A CLASS A MISDEMEANOR.
   2.  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 PROPER-
 TY INCLUDING LOSS OF EMPLOYMENT OR ECONOMIC REPRISAL,  WILLFULLY  INTIM-
 IDATES  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 IN ANY PRIMARY, SPECIAL, OR GENERAL ELECTION, IS GUILTY  OF
 A CLASS A MISDEMEANOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02053-04-4
 A. 4759--B                          2
              

 
   3.  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 PROPER-
 TY INCLUDING LOSS OF EMPLOYMENT OR ECONOMIC REPRISAL,  WILLFULLY  INTIM-
 IDATES  OR  INTERFERES WITH, OR ATTEMPTS TO INTIMIDATE OR INTERFERE WITH
 THE  ABILITY  OF ANY PERSON OR CLASS OF PERSONS TO VOTE OR TO QUALIFY TO
 VOTE IN ANY PRIMARY, SPECIAL, OR GENERAL ELECTION IS GUILTY OF A CLASS A
 MISDEMEANOR.
   4. 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 PROPER-
 TY  INCLUDING  LOSS OF EMPLOYMENT OR ECONOMIC REPRISAL, WILLFULLY INTIM-
 IDATES OR ATTEMPTS TO INTIMIDATE ANY LEGALLY AUTHORIZED  ELECTION  OFFI-
 CIAL,  OR ANY PERSON WHO IS EMPLOYED BY, AN AGENT, CONTRACTOR, OR VENDOR
 OF A LEGALLY AUTHORIZED ELECTION OFFICIAL, ADMINISTERING OR ASSISTING IN
 THE ADMINISTRATION OF ANY PRIMARY, SPECIAL, OR GENERAL ELECTION WITH THE
 INTENT TO (A) IMPEDE OR INTERFERE WITH THE OFFICIAL WHILE  THE  OFFICIAL
 IS ENGAGED IN THE PERFORMANCE OF THE OFFICIAL'S DUTIES; OR (B) RETALIATE
 AGAINST  THE  OFFICIAL  ON  ACCOUNT OF THE OFFICIAL'S PERFORMANCE OF THE
 OFFICIAL'S DUTIES IS GUILTY OF A CLASS A MISDEMEANOR.
   5. 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.
   6.  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.
   7.  WHOEVER,  WHETHER  OR  NOT  ACTING  UNDER COLOR OF LAW, OBSTRUCTS,
 IMPEDES, OR OTHERWISE INTERFERES WITH ACCESS TO  ANY  POLLING  PLACE  OR
 ELECTIONS  OFFICE,  AN  ELECTION OFFICIAL'S ACCESS TO OR EGRESS FROM ANY
 OTHER BUILDING BEING USED FOR ELECTION RELATED PURPOSES,  OR  OBSTRUCTS,
 IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER THAT CAUS-
 ES  OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN VOTING OR
 THE VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF  BALLOTS,
 IS GUILTY OF A CLASS A MISDEMEANOR.
   8.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO AN ENFORCEMENT
 ACTION BY THE STATE BOARD OF ELECTIONS OR THE ATTORNEY GENERAL, OR BY  A
 COUNTY  BOARD OF ELECTIONS, IN ACCORDANCE WITH THIS SECTION OR ANY OTHER
 PROVISION OF LAW AGAINST  AN  ELECTION  JUDGE  OR  POLL  WATCHER  FOR  A
 VIOLATION  OF  A  STATUTE  OR  A  RULE PROMULGATED BY THE STATE BOARD OF
 ELECTIONS, OR THE ELECTION INSPECTOR'S, POLL CLERK'S OR ELECTION COORDI-
 NATOR'S OATH.
   9. (A) THE ATTORNEY GENERAL, A COUNTY ATTORNEY, OR AN  ELECTION  OFFI-
 CIAL MAY BRING A CIVIL ACTION TO PREVENT OR RESTRAIN A VIOLATION OF THIS
 SECTION  IF THERE IS A REASONABLE BASIS TO BELIEVE THAT AN INDIVIDUAL OR
 ENTITY IS COMMITTING OR INTENDS TO COMMIT A PROHIBITED ACT.
   (B) IN A CIVIL ACTION BROUGHT TO PREVENT  OR  RESTRAIN  VIOLATIONS  OF
 THIS  SUBDIVISION  OR  TO  REQUIRE  THE  PAYMENT OF CIVIL PENALTIES, THE
 MOVING PARTY MAY SHOW THAT THE ACTION OR ATTEMPTED ACTION WOULD CAUSE  A
 REASONABLE PERSON TO FEEL INTIMIDATED. THE MOVING PARTY DOES NOT NEED TO
 SHOW THAT THE ACTOR INTENDED TO CAUSE THE VICTIM TO FEEL INTIMIDATED.
   (C)  THE  ATTORNEY  GENERAL,  AN  ELECTION  OFFICIAL OR ANY INDIVIDUAL
 INJURED BY AN ACT PROHIBITED BY THIS SECTION, MAY BRING A  CIVIL  ACTION
 TO  RECOVER DAMAGES, TOGETHER WITH COSTS OF INVESTIGATION AND REASONABLE
 ATTORNEY FEES, AND RECEIVE OTHER EQUITABLE RELIEF AS DETERMINED  BY  THE
 COURT. AN ACTION BROUGHT BY AN ELECTION OFFICIAL IS IN THE PUBLIC INTER-
 A. 4759--B                          3
 
 EST.  IN  ADDITION  TO  ALL  OTHER DAMAGES, THE COURT MAY IMPOSE A CIVIL
 PENALTY OF UP TO THREE THOUSAND DOLLARS FOR EACH VIOLATION.
   (D)  CIVIL REMEDIES ALLOWABLE UNDER THIS SECTION ARE CUMULATIVE AND DO
 NOT RESTRICT ANY OTHER RIGHT OR REMEDY OTHERWISE  AVAILABLE.  AN  ACTION
 FOR  A  PENALTY OR REMEDY UNDER THIS SECTION SHALL BE BROUGHT WITHIN TWO
 YEARS OF THE DATE THE VIOLATION IS ALLEGED TO HAVE OCCURRED.
   10. FOR PURPOSES OF THIS SECTION, THE TERM:
   (A) "ELECTION INFRASTRUCTURE" MEANS ANY OFFICE OF  AN  ELECTION  OFFI-
 CIAL,  STAFF, WORKER, OR VOLUNTEER OR ANY PHYSICAL, MECHANICAL, OR ELEC-
 TRICAL DEVICE, STRUCTURE, OR TANGIBLE ITEM USED IN THE PROCESS OF CREAT-
 ING, DISTRIBUTING, VOTING, RETURNING,  COUNTING,  TABULATING,  AUDITING,
 STORING,  CANVASSING  OR  OTHER HANDLING OF VOTER REGISTRATION OR BALLOT
 INFORMATION. SUCH TERM SHALL ALSO INCLUDE  ANY  EQUIPMENT  SPECIFIED  IN
 SECTION 4-132 OF THIS CHAPTER.
   (B)  "ELECTION  WORKER"  MEANS  ANY  ELECTION INSPECTOR, POLL CLERK OR
 ELECTION COORDINATOR.
   § 3. This act shall take effect immediately.