Includes within the class D felony of assault in the second degree, the intentional causing of physical injury to an election officer while such person is performing their assigned duties; amends aggravated harassment and obstruction of governmental administration to include election officers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4928
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the penal law, in relation to increasing penalties for
assault, obstruction and harassment of election officers
PURPOSE:
This bill would deter individuals from attacking or threatening an
election officer while in the performance of their official duties.
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 11 of § 120.05 of the penal
law to add intending and causing physical injury to an election officer
in their official capacity, as defined in section 1-104 of the election
law, as assault in the second degree.
Section two of the bill amends § 195.05 of the penal law to add inten-
tionally obstructing an election officer in their official capacity by
physical force, intimidation, or other means of interference, as
obstructing governmental administration in the second degree.
Section three of the bill 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 four of the bill 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 pro-active 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:
2023-24:A.1884-A- Codes/ S.9387- Codes
2021-22:A.9257 -Codes /S.9267 -Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
