Assembly Bill A10385

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10385
 
                           I N  A S S E M B L Y
 
                               March 3, 2026
                                ___________
 
 Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to protection of the voter
   franchise; to amend the penal law, in  relation  to  the  carrying  of
   firearms  in sensitive locations; and providing for the repeal of such
   provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "Protect
 Our Polls (P.O.P.) Act".
   § 2. The election law is amended by adding a  new  section  17-158  to
 read as follows:
   § 17-158. VOTE DISRUPTION; IMMIGRATION ENFORCEMENT. 1. NO PERSON SHALL
 PERFORM  OR CONSPIRE TO PERFORM ANY ACT FOR THE PURPOSE OF, OR IN FURTH-
 ERANCE OF, THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS WHILE WITHIN  TWO
 HUNDRED  FEET  OF  ANY  POLLING PLACE, COUNTY ELECTIONS OFFICE, LOCATION
 DESIGNATED BY A COUNTY ELECTIONS OFFICER AS AN OFFICIAL  POLLING  PLACE,
 OR  LOCATION  AT  WHICH  BALLOTS  ARE BEING COUNTED, CANVASSED, AUDITED,
 CERTIFIED, OR RECOUNTED.
   2. FOR PURPOSES OF THIS SECTION, THE TWO HUNDRED FEET  DISTANCE  SHALL
 BE  DEEMED  TO  INCLUDE  A  TWO  HUNDRED  FOOT  RADIAL MEASURED FROM THE
 ENTRANCES, DESIGNATED BY THE INSPECTORS  OF  ELECTIONS,  TO  A  BUILDING
 WHERE  THE  ELECTION  OR REGISTRATION IS BEING HELD, OR MEASURED FROM AN
 OUTDOOR SITE, DESIGNATED BY THE INSPECTORS  OF  ELECTIONS,  INCLUDING  A
 CURBSIDE AREA, AT WHICH A VOTER MAY DROP OFF A MAIL-IN BALLOT.
   3.  A  VIOLATION  OF  THIS  SECTION  OR OF SUBDIVISION FOUR OF SECTION
 17-130 OF THIS TITLE SHALL BE A MISDEMEANOR PURSUANT TO  SECTION  17-110
 AND/OR 17-130 OF THIS TITLE, AS APPLICABLE.
   4.  (A)  ANY  AGGRIEVED PERSON, ORGANIZATION WHOSE MEMBERSHIP INCLUDES
 AGGRIEVED PERSONS OR MEMBERS OF A PROTECTED  CLASS,  ORGANIZATION  WHOSE
 MISSION,  IN  WHOLE  OR  IN  PART,  IS  TO ENSURE VOTING ACCESS AND SUCH
 MISSION WOULD BE HINDERED BY A VIOLATION OF THIS SECTION, OR THE  ATTOR-
 NEY  GENERAL  MAY FILE AN ACTION PURSUANT TO THIS SECTION IN THE SUPREME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14971-02-6
              

 A. 10385                            2
 
 COURT OF THE COUNTY IN WHICH  THE  ALLEGED  VIOLATION  OF  THIS  SECTION
 OCCURRED.
   (B)  UPON  A FINDING OF A VIOLATION OF THE PROVISIONS OF THIS SECTION,
 THE COURT SHALL IMPLEMENT APPROPRIATE  REMEDIES  THAT  ARE  TAILORED  TO
 REMEDY  THE  VIOLATION, INCLUDING BUT NOT LIMITED TO PROVIDING FOR ADDI-
 TIONAL TIME TO CAST A BALLOT THAT MAY BE  COUNTED  IN  THE  ELECTION  AT
 ISSUE. ANY PARTY WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS SECTION
 OR WHO SHALL AID THE VIOLATION OF ANY OF SAID PROVISIONS SHALL BE LIABLE
 TO ANY PREVAILING PLAINTIFF PARTY FOR DAMAGES, INCLUDING NOMINAL DAMAGES
 FOR  ANY  VIOLATION, AND COMPENSATORY OR PUNITIVE DAMAGES FOR ANY INTEN-
 TIONAL VIOLATION.  DAMAGES RECOVERED BY THE ATTORNEY  GENERAL  SHALL  BE
 DEPOSITED INTO THE GENERAL FUND.
   §  3.  Section 17-110 of the election law, subdivision 3 as amended by
 chapter 215 of the laws of 1983, is amended to read as follows:
   § 17-110. Misdemeanors concerning police commissioners or officers  or
 members of any police force. Any person who, being a police commissioner
 or any officer or member of any police force in this state:
   1.  Uses  or threatens or attempts to use [his] SUCH PERSON'S official
 power or authority, in any manner, directly or indirectly, in aid of  or
 against any political party, organization, association or society, or to
 control,  affect,  influence, reward or punish, the political adherence,
 affiliation, action, expression or opinion of any citizen; or
   2. Appoints, promotes, transfers, retires or punishes  an  officer  or
 member  of  a police force, or asks for or aids in the promotion, trans-
 fer, retirement or punishment of an officer or member of a police  force
 because of the party adherence or affiliation of such officer or member,
 or  for  or  on the request, direct or indirect, of any political party,
 organization, association or society, or of any  officer,  member  of  a
 committee  or  representative  official  or  otherwise  of any political
 party, organization, association or society; or
   3. Solicits, collects or receives any money for, any  political  fund,
 club, association, society or committee; OR
   4. VIOLATES SECTION 17-158 OF THIS TITLE, is guilty of a misdemeanor.
   §  4.  Subdivision 23 of section 17-130 of the election law, as renum-
 bered by chapter 373 of the laws of 1978, is amended to read as follows:
   23. Not having been appointed or named an inspector  of  elections  or
 clerk  and  not  having  taken  the  oath  for such office shall wear or
 display any button, badge or emblem identifying or purporting to identi-
 fy such person as an inspector of election or clerk; OR
   24. VIOLATES SECTION 17-158 OF THIS TITLE, is guilty of a misdemeanor.
   § 5. Subdivision 4 of section 17-130 of the election law is amended to
 read as follows:
   4. Electioneers on election day or  on  days  of  registration  within
 [one]  TWO  hundred  feet, as defined herein, from a polling place. Said
 prohibition shall not apply to a building or room that  has  been  main-
 tained for political purposes at least six months prior to said election
 or  registration  days,  except  that no political displays, placards or
 posters shall be exhibited therefrom. For the purposes of this  section,
 the  [one]  TWO hundred feet distance shall be deemed to include a [one]
 TWO hundred foot radial measured from the entrances, designated  by  the
 inspectors  of  elections, to a building where the election or registra-
 tion is being held OR MEASURED FROM AN OUTDOOR SITE, DESIGNATED  BY  THE
 INSPECTORS OF ELECTIONS, INCLUDING A CURBSIDE AREA, AT WHICH A VOTER MAY
 DROP OFF A MAIL-IN BALLOT.
   § 6. The election law is amended by adding a new section 8-110 to read
 as follows:
 A. 10385                            3
 
   § 8-110. EXTENDED VOTING HOURS; IMMIGRATION ENFORCEMENT DISRUPTION. 1.
 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ON ELECTION DAY OR ON
 ANY  EARLY  VOTING  DAY, A COUNTY ELECTIONS OFFICIAL MAY EXTEND THE TIME
 FOR CLOSING THE POLLS AT ANY POLLING PLACE IF THE COUNTY ELECTIONS OFFI-
 CIAL  DETERMINES, IN THE OFFICIAL'S DISCRETION, THAT VOTING AT THE POLL-
 ING PLACE WAS DISRUPTED AS A RESULT OF A VIOLATION OF SECTION 17-158  OR
 SUBDIVISION FOUR OF SECTION 17-130 OF THIS CHAPTER.
   2.  IF THE TIME FOR CLOSING THE POLLS IS EXTENDED PURSUANT TO SUBDIVI-
 SION ONE OF THIS SECTION, ALL VOTES CAST DURING THE TIME THAT THE  CLOS-
 ING  OF THE POLLS IS EXTENDED SHALL BE BY PROVISIONAL BALLOT. ANY PROVI-
 SIONAL BALLOTS CAST PURSUANT TO THIS SUBDIVISION SHALL BE SEPARATED  AND
 HELD  APART  FROM  OTHER PROVISIONAL BALLOTS CAST BY VOTERS PRIOR TO THE
 TIME THE CLOSING OF THE POLLS WAS EXTENDED, BUT SHALL BE COUNTED IN  THE
 SAME MANNER AS SUCH OTHER PROVISIONAL BALLOTS.
   §  7.  Paragraph (a) of subdivision 3 of section 265.01-e of the penal
 law, as amended by section 1 of part F of chapter  55  of  the  laws  of
 2023, is amended to read as follows:
   (a)  qualified  law  enforcement  officers who are authorized to carry
 concealed firearms pursuant to 18 U.S.C 926B, or qualified  retired  law
 enforcement  officers  who  are  authorized  to carry concealed firearms
 pursuant to 18  U.S.C.  926C;  PROVIDED,  HOWEVER,  THAT  THE  EXEMPTION
 PROVIDED BY THIS PARAGRAPH SHALL NOT APPLY TO CURRENT OR RETIRED FEDERAL
 LAW ENFORCEMENT OFFICERS PRESENT AT ANY LOCATION BEING USED AS A POLLING
 PLACE  FOR  PURPOSES  OF  ACTING  IN  VIOLATION OF SECTION 17-158 OF THE
 ELECTION LAW;
   § 8. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  9.  This  act  shall  take  effect  immediately  and shall apply to
 elections occurring on and after such effective date; provided that this
 act shall expire and be deemed repealed January 1, 2030.