Senate Bill S8646A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8646--A
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the election law, the penal law and the executive law,
   in relation to the New York election officer protection act

   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 "New York
 Election Officer Protection Act".
   § 2. The election law is amended by adding a new section 3-422 to read
 as follows:
   § 3-422. PROHIBITION AGAINST INTIMIDATION OR OBSTRUCTION  OF  ELECTION
 OFFICERS.  1. (A) NO PERSON, WHETHER ACTING UNDER COLOR OF LAW OR OTHER-
 WISE, MAY INTIMIDATE OR ATTEMPT TO INTIMIDATE AN ELECTION OFFICER FOR:
   (I) URGING OR AIDING ANY PERSON TO VOTE OR ATTEMPT TO VOTE;
   (II) EXERCISING THE POWERS OR DUTIES OF AN ELECTION OFFICER; OR
   (III) THEIR STATUS AS A PAST OR PRESENT ELECTION OFFICER.
   (B) A VIOLATION OF THIS SECTION SHALL BE ESTABLISHED IF:
   (I) A PERSON USES OR THREATENS TO USE ANY FORCE, VIOLENCE,  RESTRAINT,
 ABDUCTION  OR  DURESS,  OR  INFLICTS OR THREATENS TO INFLICT ANY INJURY,
 DAMAGE, HARM OR LOSS, OR IN ANY OTHER MANNER PRACTICES INTIMIDATION:
   (A) THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT  OF  PREVENTING  AN
 ELECTION OFFICER FROM EXECUTING THEIR DUTIES; OR
   (B)  IN  WHOLE OR SUBSTANTIAL PART BECAUSE THE PERSON AGAINST WHOM THE
 CONDUCT IS DIRECTED IS A PAST OR PRESENT ELECTION OFFICER; OR
   (II) A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH  ACCESS
 TO ANY POLLING PLACE, ELECTION OFFICE, OR VOTING EQUIPMENT IN ANY MANNER
 THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF PREVENTING AN ELECTION
 OFFICER FROM EXECUTING THEIR DUTIES.
   2.   (A) IN ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION,
 A REBUTTABLE PRESUMPTION THAT THE DEFENDANT ENGAGED IN CONDUCT  INTENDED
 TO  MENACE, HARASS, COERCE, OR OTHERWISE INTIMIDATE AN ELECTION OFFICER,
 OR TO INTERFERE WITH  THE  ADMINISTRATION  OF  THE  ELECTION,  SHALL  BE
 CREATED  IF  THE  PLAINTIFF  ESTABLISHES  THAT THE DEFENDANT, WHILE AT A
 LOCATION USED AS A POLLING PLACE: POSSESSED A FIREARM, RIFLE, OR SHOTGUN
 IN A MANNER THAT WOULD CONSTITUTE A VIOLATION OF PARAGRAPH (Q) OF SUBDI-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14356-03-6
 S. 8646--A                          2
 
 VISION TWO OF SECTION 265.01-E OF THE PENAL LAW, WHERE  SUCH  WEAPON  IS
 VISIBLE  TO  OTHERS  AT  SUCH POLLING LOCATION. FOR THE PURPOSES OF THIS
 SECTION, THE TERMS "FIREARM", "RIFLE", AND "SHOTGUN" SHALL HAVE THE SAME
 MEANING AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   (B)  THIS  PRESUMPTION SHALL NOT APPLY TO PERSONS WHO ARE POLICE OFFI-
 CERS AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMI-
 NAL PROCEDURE LAW, OR PERSONS  WHO  ARE  DESIGNATED  PEACE  OFFICERS  BY
 SECTION  2.10  OF  THE  CRIMINAL  PROCEDURE  LAW, WHILE SUCH PERSONS ARE
 ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES.
   3.  ANY AGGRIEVED PERSONS, COUNTY BOARD OF ELECTIONS, THE STATE  BOARD
 OF  ELECTIONS,  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 ATTORNEY GENERAL MAY FILE AN
 ACTION PURSUANT TO THIS SECTION IN THE SUPREME COURT OF  THE  COUNTY  IN
 WHICH THE ALLEGED VIOLATION OF THIS SECTION OCCURRED.
   4. UPON A FINDING OF A VIOLATION OF ANY PROVISION OF THIS SECTION, THE
 COURT  SHALL  IMPLEMENT  APPROPRIATE  REMEDIES AND/OR SANCTIONS THAT ARE
 TAILORED TO ADDRESS THE VIOLATION. 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 INTENTIONAL VIOLATION.
   § 3. The penal law is amended by adding a new section 195.25  to  read
 as follows:
 §  195.25  UNLAWFUL DISSEMINATION OF PERSONAL INFORMATION OF AN ELECTION
 OFFICER.
   1. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF  PERSONAL  INFORMA-
 TION  OF AN ELECTION OFFICER WHEN SUCH PERSON KNOWINGLY MAKES RESTRICTED
 PERSONAL INFORMATION ABOUT AN ELECTION OFFICER, AS DEFINED  IN  SUBDIVI-
 SION  TWENTY-FIVE  OF SECTION 1-104 OF THE ELECTION LAW, PUBLICLY AVAIL-
 ABLE:
   (A) WITH THE INTENT TO THREATEN, INTIMIDATE, OR INCITE THE  COMMISSION
 OF A CRIME OF VIOLENCE AGAINST THE ELECTION OFFICER; OR
   (B)  WITH THE INTENT AND KNOWLEDGE THAT THE RESTRICTED PERSONAL INFOR-
 MATION WILL BE USED TO THREATEN, INTIMIDATE, OR FACILITATE  THE  COMMIS-
 SION OF A CRIME OF VIOLENCE AGAINST THE ELECTION OFFICER.
   2. (A) FOR THE PURPOSES OF THIS SECTION, "RESTRICTED PERSONAL INFORMA-
 TION"  SHALL  MEAN  IDENTIFYING  INFORMATION  REGARDING  AN  INDIVIDUAL,
 INCLUDING BUT NOT LIMITED TO, NAMES, TELEPHONE NUMBERS, EMAIL ADDRESSES,
 AND PHYSICAL OR MAILING ADDRESSES, WHICH THE ELECTION  OFFICER  HAS  NOT
 MADE  READILY  APPARENT  TO  THE PUBLIC, OR WHICH THE INDIVIDUAL HAS NOT
 AUTHORIZED ANOTHER PERSON OR ORGANIZATION TO MAKE  READILY  APPARENT  TO
 THE PUBLIC.
   (B)  FOR THE PURPOSES OF THIS SECTION, "PUBLICLY AVAILABLE" SHALL MEAN
 TO PUBLISH, POST, BROADCAST, OR OTHERWISE DISSEMINATE PERSONAL  INFORMA-
 TION  IN ANY MANNER, INCLUDING THROUGH ELECTRONIC OR DIGITAL MEANS, SUCH
 THAT IT IS ACCESSIBLE TO THE GENERAL PUBLIC.
   UNLAWFUL DISSEMINATION OF PERSONAL INFORMATION OF AN ELECTION  OFFICER
 IS A CLASS A MISDEMEANOR.
   §  4.  The  opening  paragraph of section 108 of the executive law, as
 separately amended by chapters 222 and 521  of  the  laws  of  2022,  is
 amended to read as follows:
   There  is created in the office of the secretary of state a program to
 be known as the "address confidentiality program" to protect victims  of
 domestic  violence, victims of human trafficking, victims of kidnapping,
 S. 8646--A                          3
 
 victims of a sexual offense, victims  of  stalking,  [and]  reproductive
 health  care  services  providers,  employees,  volunteers, patients, or
 immediate family members of reproductive health care services providers,
 AND ELECTION OFFICERS by authorizing the use of designated addresses for
 such victims and their minor children. The program shall be administered
 by the secretary of state.
   §  5.  Subdivision 1 of section 108 of the executive law is amended by
 adding a new paragraph (o) to read as follows:
   (O) "ELECTION OFFICER" SHALL HAVE THE SAME MEANING  AS  SUCH  TERM  IS
 DEFINED BY SUBDIVISION TWENTY-FIVE OF SECTION 1-104 OF THE ELECTION LAW.
   §  6.  Clauses  (A)  and  (B)  of subparagraph (i) of paragraph (a) of
 subdivision 2 of section 108 of the executive law, clause (A)  as  sepa-
 rately  amended  by chapters 222 and 521 of the laws of 2022, and clause
 (B) as amended by chapter 222 of the laws of 2022, are amended  to  read
 as follows:
   (A)  the  applicant,  or  the  minor  or incapacitated person on whose
 behalf the application is made, is a victim of domestic violence, victim
 of human trafficking, victim of kidnapping, victim of a sexual  offense,
 victim  of  stalking, AN ELECTION OFFICER, or a reproductive health care
 services provider, employee, volunteer, patient, or an immediate  family
 member of a reproductive health care services provider;
   (B)  the  applicant,  or  the  minor  or incapacitated person on whose
 behalf the application is made, has left [his  or  her]  SUCH  APPLICANT
 residence  because  of  such  violence  or acts, provided, however, this
 clause shall not apply if the applicant is  AN  ELECTION  OFFICER  OR  a
 reproductive   health   care  services  provider,  employee,  volunteer,
 patient, or an immediate family member of  a  reproductive  health  care
 services provider;
   §  7.  Subparagraph  (iv) of paragraph (a) of subdivision 2 of section
 108 of the executive law, as amended by chapter 222 of the laws of 2022,
 is amended to read as follows:
   (iv) the actual address or addresses that the applicant  requests  not
 be disclosed because of the increased risk of domestic violence, a sexu-
 al  offense,  stalking,  physical  injury  or in the case of AN ELECTION
 OFFICER OR reproductive health care services provider, employee,  volun-
 teer,  patient,  or  an immediate family member of a reproductive health
 care services provider, other threats of violence; and
   § 8. Subdivision 3 of section 108 of the executive law, as  separately
 amended  by chapters 222 and 521 of the laws of 2022, is amended to read
 as follows:
   3. Designation of agencies to assist applicants. The  secretary  shall
 designate  state,  local  or nonprofit agencies that provide counseling,
 referral, shelter or other specialized services to victims  of  domestic
 violence,  victims  of human trafficking, victims of kidnapping, victims
 of a sexual offense, victims of stalking, ELECTION OFFICERS, and  repro-
 ductive health care services providers, employees, volunteers, patients,
 or immediate family members of reproductive health care services provid-
 ers  to assist persons applying to be program participants. Such persons
 providing assistance shall be trained by the secretary.  Any  assistance
 and  counseling  rendered by an officer of the secretary or [his or her]
 THEIR designees to applicants shall in no  way  be  construed  as  legal
 advice.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.