New York: Protections Against Intimidation of Voters and Election Workers

Voters in New York have the right to vote free from intimidation under federal and state law.footnote1_WYwsJo3p2VZ08HBaSkG2WDgbxYsOHoX8JNG1DvKQ3w_e0JzQ2Eixph51 See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); N.Y. Elec. Law §§ 17–150, 17–212. Federal law broadly prohibits intimidation, threats, and coercion throughout every stage of the election process; more information on the federal laws that apply to all states can be found here. In addition, the following actions are specifically prohibited by New York law:

• Using or threatening to use force, violence, or intimidation to compel or have the effect of causing any other person to vote or refrain from voting.footnote2_AVhy7BlxzfuZleK-pO9g6IhnWjf4We-sUXDPDjshzRA_q91lQkLqnWf52 N.Y. Elec. Law §§ 17–150(1), 17–154(1), 17–212(1)(b)(i).
• Engaging in fraudulent practices to impede, prevent, or otherwise interfere with or have the effect of causing any person to vote or refrain from voting, including spreading false rumors or making false statements that there are negative consequences to voting.footnote3_ExpZfepq0hBcGfv9fGcotJ7N2YgxORmxkEeFh8-DH7o_hEyXExy31xXQ3 N.Y. Elec. Law §§ 17–150(2), 17–212(1)(b)(ii); Office of the New York State Attorney General, New York State Election Advisory, October 22, 2024, 2, https://ag.ny.gov/sites/default/files/letters/2024-election-guidance-voter-protection.pdf.
• Obstructing, impeding, or otherwise interfering with access to any polling place or elections office, or otherwise interfering with any voter in a manner that causes delay in the voting process, including patrolling polling places to scare voters out of the voting line.footnote4_cTLHeVxnc2Fx3Oh3V9Z3uw1kXYm2fA1SbUE2zWTN4E_v4BrS0U0Idh44 N.Y. Elec. Law §§ 17–130(3), 17–212(1)(b)(iii); New York State Election Advisory, October 22, 2024, 2.
• Electioneering within 100 feet of an entrance to a polling place.footnote5_iZS-niU9yRVmvmkj7Mc3-OJe14u3A4ZTWjeiLDNLecY_y2n2ht1OsFPb5 N.Y. Elec. Law §§ 8–104(1), 17–130(4).

The below addresses the laws that serve as guardrails against specific threats of intimidation.

Intimidation of Poll Workers and Election Officials

In addition to the federal protections against the intimidation of election workers, New York law prohibits any person from impeding or preventing the free exercise of the right to vote at an election.footnote6_oLqk7lzyoYwGcaYNFaa7rAkyrEhcBU040bRBlVemvGU_oNaLgkP5NUB06 N.Y. Elec. Law § 17–150(2).  It is a crime to willfully disobey any lawful command issued by a board of inspectors or any of its members, including unlawfully going into the area containing the inspectors table and election equipment or remaining there after being ordered to leave by an election inspector.footnote7_GiwLVfHVVsHzFjOhbwiaSMkLEJlm7vH9e3WGd-jv5o_ucSbFMJzHGYg7 N.Y. Elec. Law § 17–130(21).  Additionally, it is a crime to induce, or attempt to induce, an election worker to violate their duties or any provision of the election law.footnote8_99fb6keYfR2Lnk1A8bEr7XXDYQIA5Ut1gLIGnd09c_j4erN3SapLVx8 N.Y. Elec. Law § 17–130(22).

Intimidation by Poll Watchers

State law places limits on who can serve as a poll watcher and what they may or may not do:

• Only candidates on the ballot, political parties, political committees, and independent organizations with candidates on the ballot are allowed to have poll watchers at polling places.footnote9_SKqHicwrw27WiL6qRrrGemA4SsV5zSe2FPfTJpggQ7g_hhmLUcHPywOp9 N.Y. Elec. Law §§ 8–500(1), (2).
• Each candidate, political party, political committee, and independent organization with candidates on the ballot is allowed no more than three watchers at a polling place.footnote10_NIPrny8B3Z9q3gb5VXEZoP5EtCMPBlzq4h7KgEDGX10_mu3pLaMXCWH410 N.Y. Elec. Law §§ 8–500(1),(2).
• Watchers must be a registered voter of the city or county in which they serve or an attorney who is both licensed to practice and a registered voter in New York state.footnote11_3xcpz3pn1D9kZMxu1ZkDeyi2VNdSmvPXqdQq31mKcQM_iBFEoFCvF7og11 N.Y. Elec. Law § 8–500(5).
• Watchers must also have a written appointment certificate, and only one of the three watchers is allowed inside the guard rail.footnote12_3SGeCgxoGVVuw8dimGOU7TfEEmAqXzL4lyKGGU5VM_vaLODC8vdW9612 N.Y. Elec. Law §§ 8–500(1), (2), (4).
• Poll watchers are prohibited from intimidating voters, engaging in electioneering, tampering with election materials, protesting a vote ruling, accompanying a voter to the privacy booth, or pretextually challenging voters.footnote13_MJrgJqikTepRuByOUN8qaHvie7CaUtjjYl0t-3AD4_bNUj5WIyayRT13 New York State Election Advisory, October 22, 2024, 6–7.
• Poll watchers are prohibited from standing in the vicinity of privacy booths or in unauthorized areas, videotaping or photographing voters, or following or harassing voters.footnote14_00SFu9S3q1Xb01tc-A8KgC49MyoM-UIg1oY1UTyfa1M_vYbajDjoSaKA14Id. at 2.

Guns, Law Enforcement, and Military at Polling Places

New York has strict laws related to guns and law enforcement at elections locations:

• It is a felony to possess a firearm at a polling placefootnote15_BZL8vbSRoR1MFDO0iRchKTmXbWWniylrNmq6QVOWrI_sd9ARcSZGNsp15 N.Y. Penal Law § 265.01-e(2)(q).  and in government buildings, where drop boxes may be located and votes may be counted.footnote16_8sgkanqxjSl99m3pc7Py0-rxybky2Am0Y5g6pXoqbc4_qcm3PWdrIlXr16 N.Y. Penal Law § 265.01-e(2)(a).
• New York does not prohibit law enforcement at polling places, however, the federal and state prohibitions on intimidation apply to police and other peace officers.footnote17_YABB9mlILfnqEHKi4gzZPEC1esd5u7b-o3eSYxnvkME_h40b1KBSl6Vl17 See, e.g., 52 U.S.C. § 10307(b) and N.Y. Elec. Law § 17–212.
• It is a crime to impersonate a law enforcement officer, including at a polling place.footnote18_G8xjv5kTb9W8ns6dLxBCKoaveXle5F5plGpFNlgOags_uqbQEFD7KtAQ18 N.Y. Penal Law § 190.25(3); New York State Election Advisory, October 22, 2024, 2.
• It is a crime to wear a foreign military uniform or other military paraphernalia outside polling locations.footnote19_7FCQthAWdxfFOTdWse5cC2APjoJnHzJJLvQOsv5CJ0A_rIObiaRWJ7MV19 N.Y. Mil. Law § 238-c; New York State Election Advisory, October 22, 2024, 2.

Federal law further limits the presence of the military and other armed federal agents at polling places:

• It is a felony for any federal official to send troops or armed persons to a polling place, unless “such force [is] necessary to repel armed enemies of the United States.”footnote20_MIxM4RFjtsdzUmOcxL62QwqxgIvRgbg06edz7XOMD9U_uW1lW1rCz9Yq20 18 U.S.C. § 592.
• It is a felony for a member of the military to intimidate voters or interfere with elections.footnote21_y2uv9RIPMyj1ku4Q3GnXINVSg4r-78zLndh-GlG0MQg_xZnN1tfNSW3l21 18 U.S.C. § 593; see also 52 U.S.C. § 10102.

Door-to-Door Intimidation

State and federal law prohibit canvassing efforts that are used to intimidate voters.footnote22_ZbQGuFum1RgtgLWx-yd1TkcQThv245z4bGxYW755MY_hrlDQy3onFCq22 See, e.g., N.Y. Elec. Law § 17–212; 18 U.S.C. §§ 594, 241.  Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to the New York Attorney General’s office. Additionally, it is a misdemeanor in New York to impersonate a public servant or pretend to represent an organization with the intent to defraud another person.footnote23_LNYrA3585SaALGj7vKAoCZOTd0Cs1xva53Zj5OlCp4_cndSjqjFQKxA23 N.Y. Penal Law § 190.25.

Voter Challenges

Although New York allows inspectors, clerks, appointed poll watchers, and other voters properly in the polling place to challenge a voter,footnote24_jF6posFsAUHD4mrzIIUJcBn5xMZtPrRfdQIg20PUQE_dT3Pqjb9mXEt24 N.Y. Elec. Law § 8–502.  state law also provides for some guardrails:

• If a voter who has been challenged swears an oath that they are eligible to vote, they must be permitted to vote.footnote25_lweTsXJf6Vn1o6b8MEJf-uNYSx3HzjxNaZn1sqGPcJM_ibZJm7QRoi1n25 N.Y. Elec. Law § 8–504(6).
• Election inspectors are required to keep a record of all challenges.footnote26_Fi55NmfeUgj3B7XwKQm8vttPevg4jbMmeNyC0qqGjE_iAjTUyonJgsT26 N.Y. Elec. Law §§ 8–504(7), 8–508.
• It is a misdemeanor to make a materially false statement in a voter challenge.footnote27_nHb2ed-dPQHHXhC8kKIDLvWtcnNXUU4YRf-MRTvs2M_o5Xzx4ePVb6l27 N.Y. Elec. Law § 17–108(2).
• Aggressively challenging voters based on their race, gender identity, citizenship, criminal record, or other qualifications to vote, especially if it leads to long lines and or fuels baseless fears about illegal voting, could constitute illegal intimidation.footnote28_o7xDuqWEg-ncuYtrAsVU35Sc67Ahy2eGMNrZejODZc_dmGR2ycatf4f28 New York State Election Advisory, October 22, 2024, 2; see also N.Y. Elec. Law § 17–212(1)(b)(i).

The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

• The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.footnote29_PLl6vSUctQ9PTGM3shI44UyFWwX0znRa3QTtakW9uDg_aEEYleFMuOeo29 52 U.S.C. § 20507(c)(1)(B).
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.footnote30_gMU4pKaaGGtR0djXke9owYAHAATVZbmZt7GBXP2Bc7Y_zqnTwRHDUwep30 52 U.S.C. § 20507(c)(2)(A).