BILL NUMBER: S8596
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the civil rights law, the judiciary law and the election
law, in relation to protecting people from civil arrest while going to,
remaining at, or returning from polling places
 
PURPOSE:
Relates to protecting people from civil arrest while going to, remaining
at, or returning from polling places.
 
SUMMARY OF PROVISIONS:
Section one amends the civil rights law to state that a person duly and
in good faith being present at a polling place, is privileged from civil
arrest while going to, remaining at, and returning from, the polling
place, unless such civil arrest is supported by a judicial warrant or
order. A violation of this may result in a civil action by an individual
or by the Attorney General.
Section two amends the judiciary law to allow courts to issue judicial
orders to ensure protection against civil arrest.
Section three amends the election law to state that no civil arrest
shall be executed inside a polling place or while going to, remaining
at, and returning from, such polling place except pursuant to a judicial
warrant or order. The section also outlines certain duties to be carried
out by the state board of elections.
Section four is the severability clause.
Section five states the effective date.
 
JUSTIFICATION:
Article I, Section 4, Clause 1 of the United States Constitution states
that state legislatures will establish the times, places, and manner of
holding elections. Over time, the Supreme Court has interpreted this to
determine that states have the right to govern over notices, registra-
tion, supervision of voting, protection of voters, as well as prevention
of fraud and corrupt practices. In short, the power of New York state to
protect our elections and polling places is vested by the Constitution.
All New Yorkers should feel safe stepping foot in polling places, wheth-
er it be U.S. citizens casting their ballot, or non-citizens accompany-
ing a family member or friend. Recent claims by the federal government
that are non-citizens are voting in elections, and that there is wide-
spread election fraud are false. In November 2025, the United States
Department of Justice, without justification, sent federal election
monitors to key polling sites with high Latino populations in Califor-
nia. In this election, 66% percent of Latino voters expressed a concern
regarding the presence of federal agents at polls.
New York State Law already protects against intimidation at the polls.
This legislation will further cement that, as well as ensure that indi-
viduals cannot be civilly arrested while traveling to and from a polling
location as well. This will allow all New Yorkers to feel safer casting
their ballot or accompanying someone who is casting their ballot, and
better allow our state to carry out its Constitutional duty of holding
free and fair elections.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately,

Statutes affected:
S8596: 4-a judiciary law, 3-102 election law