BILL NUMBER: S9387
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the penal law, in relation to increasing penalties for
assault, obstruction and harassment of election officers
 
PURPOSE:
To deter individuals from attacking or threatening an election officer
while in the performance of his or her official duties.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 11 of E120.05 of the penal code to add
intending and causing physical injury to an election officer in his or
her official capacity, as defined in section 1-104 of the election law,
as assault in the second degree.
Section 2: Amends § 195.05 of the penal law to add intentionally
obstructing an election officer in his or her official capacity by phys-
ical force, intimidation, or other means of interference, as obstructing
governmental administration in the second degree.
Section 3: Adds subdivision 3-a to § 240.30 of the penal law to add
striking, shoving, kicking, or otherwise subjecting another person with
physical contact, or attempts to do the same, with the intent to harass,
annoy, threaten, or alarm an election official as aggravated harassment
in the second degree.
Section 4: Provides the effective date.
 
JUSTIFICATION:
Particularly in recent years, election workers have been beleaguered
simply for doing their jobs. In the 2020 presidential election, Reuters
documented hundreds of hostile messages directed toward election offi-
cials and workers across multiple states. Some have gone so far as to
act, with documented cases of assault against election workers in both
Florida and North Carolina. It is unsurprising, then, that a 2021 study
found that one in three election officials feel unsafe, and one in five
list threats to their lives as a job-related concern. Although thankful-
ly there have not been any reports of such actions occurring in New
York, it is incumbent upon us that we be proactive in providing addi-
tional protections for election officials.
Election workers are instruments of democracy. Through their efforts,
people can exercise their constitutional right to vote and elect their
representatives, who thus reflect their will through the duly enacted
laws of the state. An attack on election workers is therefore no less
than an attack on this sacred institution. Election workers ought to
have the protections befitting of such a pivotal role in our design.
Moreover, it is necessary that we more strongly deter those that contem-
plate such misdeeds and hold to account those that ultimately act.
 
PRIOR LEGISLATIVE HISTORY:
Assembly
2021-22: A9257, Referred to Codes Senate 2021-22: S9267, Referred to
Codes
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9387: 120.05 penal law, 120.05(11) penal law, 195.05 penal law, 240.30 penal law