BILL NUMBER: S5696
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 § 120.05 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-b 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: Sets Effective Date.
 
JUSTIFICATION:
Recently, election workers have been beleaguered simply for doing their
jobs. In the 2020 presidential election, Reuters documented hundreds of
hostile messages directed toward election officials 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, thankfully, there have not
been any reports of such actions occurring in New York, it is incumbent
upon us that we be proactive in providing additional 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. Therefore, an attack on election workers is no less
than an attack on this sacred institution. Election workers ought to
have the protections befitting such a pivotal role in our design. More-
over, it is necessary that we more strongly deter those who contemplate
such misdeeds and hold accountable those who ultimately act.
 
LEGISLATIVE HISTORY:
Senate
2021: N/A
2022: S9267, Referred to Codes
2023: N/A
2024: S9387, Referred to Codes
Assembly
2021: N/A
2022: A9257, Referred to Codes
2023: A1884A, Referred to Codes
2024: A1884A, Amend and Recommit to Codes
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately

Statutes affected:
S5696: 120.05 penal law, 120.05(11) penal law, 195.05 penal law, 240.30 penal law