S T A T E O F N E W Y O R K
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11530
I N A S S E M B L Y
May 29, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to prohibiting members of
the military or armed government presence from interfering with
elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The election law is amended by adding four new sections
17-172, 17-174, 17-176, and 17-178 to read as follows:
§ 17-172. TROOPS OR ARMED GOVERNMENT PRESENCE AT POLLS. 1. WHOEVER,
BEING AN OFFICER OF THE ARMY OR NAVY, OR OTHER PERSON IN THE CIVIL,
MILITARY, OR NAVAL SERVICE OF THE STATE OF NEW YORK OR THE UNITED
STATES, ORDERS, BRINGS, KEEPS, OR HAS UNDER THEIR AUTHORITY OR CONTROL
ANY TROOPS OR ARMED PERSONS AT ANY PLACE WHERE AN ELECTION IS HELD,
UNLESS SUCH FORCE BE NECESSARY TO REPEL ARMED ENEMIES OF THE UNITED
STATES, AND THEREBY ACTS IN VIOLATION OF FEDERAL LAW, SHALL BE FINED OR
IMPRISONED NOT MORE THAN FIVE YEARS, OR BOTH.
2. THIS SECTION SHALL NOT PREVENT ANY OFFICER OR MEMBER OF THE ARMED
FORCES OF THE STATE OF NEW YORK OR UNITED STATES FROM EXERCISING THE
RIGHT OF SUFFRAGE.
3. THIS SECTION SHALL NOT APPLY TO:
(A) LAW ENFORCEMENT WHOSE PRESENCE HAS BEEN REQUESTED OR AUTHORIZED BY
THE PRESIDING ELECTION OFFICER TO RESPOND TO A SPECIFIC EMERGENCY OR
DISTURBANCE THAT POSES AN IMMINENT THREAT TO THE LIFE, PHYSICAL SAFETY,
OR RIGHT TO VOTE OF AN INDIVIDUAL IN THE ELECTION OFFICER'S JURISDIC-
TION;
(B) LAW ENFORCEMENT WHOSE PRESENCE IS OTHERWISE REQUIRED BY LAW; OR
(C) AN OFFICER OR MEMBER OF THE STATE OR NATIONAL GUARD OF THE STATE
OF NEW YORK WHO HAS BEEN ACTIVATED BY THE GOVERNOR OF THE STATE OF NEW
YORK TO PERFORM ELECTION-RELATED DUTIES UNDER THE SUPERVISION OF AN
ELECTION OFFICER.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ATTORNEY GENERAL
SHALL HAVE JURISDICTION TO PROSECUTE ANY OFFENSES UNDER THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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5. THE TERMS IN THIS SECTION SHALL BE CONSTRUED CONSISTENTLY WITH THE
SAME OR SIMILAR TERMS IN 18 U.S.C. § 592. THIS SECTION SHALL NOT BE READ
TO PERMIT ANY CONDUCT PROHIBITED BY 18 U.S.C. § 592.
§ 17-174. INTERFERENCE BY ARMED FORCES. 1. WHOEVER, BEING AN OFFICER
OR MEMBER OF THE ARMED FORCES OF THE STATE OF NEW YORK OR UNITED STATES:
(A) PRESCRIBES OR FIXES OR ATTEMPTS TO PRESCRIBE OR FIX, WHETHER BY
PROCLAMATION, ORDER OR OTHERWISE, THE QUALIFICATIONS OF VOTERS AT ANY
ELECTION IN THE STATE, AND THEREBY ACTS IN VIOLATION OF FEDERAL LAW; (B)
PREVENTS OR ATTEMPTS TO PREVENT BY FORCE, THREAT, INTIMIDATION, ADVICE
OR OTHERWISE ANY QUALIFIED VOTER OF THE STATE FROM FULLY EXERCISING THE
RIGHT OF SUFFRAGE AT ANY ELECTION, AND THEREBY ACTS IN VIOLATION OF
FEDERAL LAW; (C) ORDERS OR COMPELS OR ATTEMPTS TO COMPEL ANY ELECTION
OFFICER IN THE STATE TO RECEIVE A VOTE FROM A PERSON NOT LEGALLY QUALI-
FIED TO VOTE, AND THEREBY ACTS IN VIOLATION OF FEDERAL LAW; (D) IMPOSES
OR ATTEMPTS TO IMPOSE ANY REGULATIONS FOR CONDUCTING ANY ELECTION IN THE
STATE, DIFFERENT FROM THOSE PRESCRIBED BY LAW, AND THEREBY ACTS IN
VIOLATION OF FEDERAL LAW; OR (E) INTERFERES IN ANY MANNER WITH AN
ELECTION OFFICER'S DISCHARGE OF THEIR DUTIES, AND THEREBY ACTS IN
VIOLATION OF FEDERAL LAW SHALL BE FINED OR IMPRISONED NOT MORE THAN FIVE
YEARS, OR BOTH.
2. THIS SECTION SHALL NOT PREVENT ANY OFFICER OR MEMBER OF THE ARMED
FORCES FROM EXERCISING THE RIGHT OF SUFFRAGE.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ATTORNEY GENERAL
SHALL HAVE JURISDICTION TO PROSECUTE ANY OFFENSES UNDER THIS SECTION.
4. THE TERMS IN THIS SECTION SHALL BE CONSTRUED CONSISTENTLY WITH THE
SAME OR SIMILAR TERMS IN 18 U.S.C. § 593. THIS SECTION SHALL NOT BE READ
TO PERMIT ANY CONDUCT PROHIBITED BY 18 U.S.C. § 593.
§ 17-176. INTERFERENCE BY ADMINISTRATIVE EMPLOYEES OF FEDERAL, STATE,
OR LOCAL GOVERNMENTS. 1. WHOEVER, BEING A PERSON EMPLOYED IN ANY ADMIN-
ISTRATIVE POSITION BY THE UNITED STATES, OR BY ANY DEPARTMENT OR AGENCY
THEREOF, OR BY THE STATE OF NEW YORK, OR ANY POLITICAL SUBDIVISION,
MUNICIPALITY, OR AGENCY THEREOF, OR AGENCY OF SUCH POLITICAL SUBDIVISION
OR MUNICIPALITY (INCLUDING ANY CORPORATION OWNED OR CONTROLLED BY THE
STATE OF NEW YORK OR BY ANY SUCH POLITICAL SUBDIVISION, MUNICIPALITY, OR
AGENCY), IN CONNECTION WITH ANY ACTIVITY WHICH IS FINANCED IN WHOLE OR
IN PART BY LOANS OR GRANTS MADE BY THE UNITED STATES OR THE STATE OF NEW
YORK, OR ANY DEPARTMENT OR AGENCY THEREOF, USES THEIR OFFICIAL AUTHORITY
FOR THE PURPOSE OF INTERFERING WITH THE NOMINATION OR THE ELECTION OF
ANY CANDIDATE FOR FEDERAL, STATE, OR LOCAL PUBLIC OFFICE, AND THEREBY
ACTS IN VIOLATION OF FEDERAL LAW, SHALL BE FINED OR IMPRISONED NOT MORE
THAN ONE YEAR, OR BOTH.
2. THIS SECTION SHALL NOT PROHIBIT OR MAKE UNLAWFUL ANY ACT BY ANY
OFFICER OR EMPLOYEE OF ANY EDUCATIONAL OR RESEARCH INSTITUTION, ESTAB-
LISHMENT, AGENCY, OR SYSTEM WHICH IS SUPPORTED IN WHOLE OR IN PART BY
ANY STATE OR POLITICAL SUBDIVISION THEREOF, OR BY THE DISTRICT OF COLUM-
BIA OR BY ANY TERRITORY OR POSSESSION OF THE UNITED STATES; OR BY ANY
RECOGNIZED RELIGIOUS, PHILANTHROPIC OR CULTURAL ORGANIZATION.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ATTORNEY GENERAL
SHALL HAVE JURISDICTION TO PROSECUTE ANY OFFENSES UNDER THIS SECTION.
4. THE TERMS IN THIS SECTION SHALL BE CONSTRUED CONSISTENTLY WITH THE
SAME OR SIMILAR TERMS IN 18 U.S.C. § 595. THIS SECTION SHALL NOT BE READ
TO PERMIT ANY CONDUCT PROHIBITED BY 18 U.S.C. § 595.
§ 17-178. CIVIL ENFORCEMENT OF PROHIBITIONS ON TROOPS OR ARMED GOVERN-
MENT PRESENCE AT POLLS, INTERFERENCE BY ARMED FORCES, AND INTERFERENCE
BY ADMINISTRATIVE EMPLOYEES OF FEDERAL, STATE, OR LOCAL GOVERNMENTS. 1.
A PERSON AGGRIEVED BY A VIOLATION OF SECTION 17-172, 17-174, OR 17-176
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OF THIS TITLE MAY ENFORCE THE PROVISIONS OF SUCH SECTION IN A SUIT IN
EQUITY. A PREVAILING PLAINTIFF IN SUCH AN ACTION SHALL RECOVER REASON-
ABLE ATTORNEY'S FEES, REASONABLE EXPERT FEES, REASONABLE LITIGATION
EXPENSES, AND ALL SUCH FEES AS ARE APPROPRIATE AS PART OF THE COSTS TO
BE DETERMINED BY A COURT OF COMPETENT JURISDICTION.
2. AN ELECTION OFFICER HOLDING AN ELECTION OR CONDUCTING A CANVASS MAY
ENFORCE THE PROVISIONS OF SECTION 17-172, 17-174, OR 17-176 OF THIS
TITLE AND MAY INSTITUTE AN ACTION FOR EQUITABLE RELIEF ON BEHALF OF AN
AGGRIEVED PERSON WHO IS IN THE OFFICER'S JURISDICTION OR IS ELIGIBLE TO
VOTE IN THE OFFICER'S JURISDICTION.
3. THE ATTORNEY GENERAL MAY ENFORCE THE PROVISIONS OF SECTION 17-172,
17-174, OR 17-176 OF THIS TITLE AND MAY INSTITUTE FOR THE STATE, OR IN
THE NAME OF THE STATE, AN ACTION FOR EQUITABLE RELIEF, INCLUDING AN
APPLICATION FOR A TEMPORARY OR PERMANENT INJUNCTION, RESTRAINING ORDER,
OR OTHER ORDER.
4. A SUIT BROUGHT BY AN ELECTION OFFICER HOLDING AN ELECTION OR
CONDUCTING A CANVASS OR THE ATTORNEY GENERAL UNDER THIS SECTION DOES NOT
PRECLUDE A CONTEMPORANEOUS PRIVATE SUIT BY AN AGGRIEVED PERSON TO
ENFORCE THE PROVISIONS OF SECTION 17-172, 17-174, OR 17-176 OF THIS
TITLE.
5. THE PROVISIONS OF SECTIONS 17-172, 17-174, AND 17-176 OF THIS TITLE
ARE CUMULATIVE AND SHALL NOT BE CONSTRUED AS RESTRICTING THE APPLICATION
OF ANY OTHER LAW, INCLUDING, BUT NOT LIMITED TO, THE APPLICATION OF A
CRIMINAL LAW TO A PERSON WHOSE CONDUCT VIOLATES THIS ACT.
6. ACTIONS BROUGHT PURSUANT TO THIS SECTION MUST BE SUBJECT TO EXPE-
DITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR
PREFERENCE.
§ 2. Severability clause. If any clause, sentence, paragraph, section
or part of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date 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.
§ 3. This act shall take effect immediately.