Prohibits members of the military or armed government presence at polls from interfering with elections; provides for civil enforcement of such prohibitions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11530 REVISED 6/1/26
SPONSOR: Rules (Shimsky) TITLE OF BILL:
An act to amend the election law, in relation to prohibiting members of
the military or armed government presence from interfering with
elections
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that voting and election processes remain free from intim-
idation and interference by government and military officials.
SUMMARY OF PROVISIONS:.
Section 1. Amends the election law to prohibit state, local, or federal
government and military officials from bringing troops or armed persons
to any place where an election is being held unless to defend against an
enemy of the United States. If violated, government or military offi-
cials can be fined and imprisoned for up to five years. This does not
impede government and military officials' right to vote.
Section 2. Amends the election law to prohibit a state or federal offi-
cer or member of the armed forces from interfering with elections by
deciding who can vote through force, threat, intimidation, advice, or
changing how elections are run. If violated, they can be fined and
imprisoned for up to five years. This does not impede these government
officials' right to vote if they qualify under state law.
Section 3. Amends the election law to prohibit any state, local, or
federal government employee from using their official power or position
to interfere with elections. If violated, they can be fined or impri-
soned for up to one year. This law is not applicable to employees of
schools, universities, research institutions, certain nonprofit organ-
izations, or recognized religious, charitable, or cultural organiza-
tions.
Section 4. Amends the election law to allow a private individual, an
election officer holding an election or conducting a canvass, or the
attorney general to enforce this law in a suit in equity.
Section 5. Is the severability clause.
Section 6. Is the enacting clause.
JUSTIFICATION:
18 U.S.C. § 592 prohibits the deployment of federal troops or armed
federal agents to polling places. 18 U.S.C. § 593 prohibits members of
the military from interfering in elections, and 18 U.S.C. § 595 prohib-
its government employees from using their official authority, in
connection with activities financed by the United States, to interfere
with or affect a federal election. Under these federal statutes, such
actions are punishable as federal criminal offenses. This bill would
similarly make such actions a state crime if committed by a state,
local, or federal government or military official.
The Justice Manual, the Department of Justice's publicly available
guidebook on policies and procedures, describes 18 U.S.C. § 592 as
prohibiting "armed federal presence where elections are held" and "the
presence of armed officials at a location where an election is being
held." Justice Manual § 9-85.400, "Armed Officials Where Elections are.
Held."
The Federal Prosecution of Election Offenses, Eighth Edition, 2017,
provides that 18 U.S.C. § 592 prohibits "FBI Special Agents from
conducting investigations within the polls on election day, and Deputy
U.S. Marshals from being stationed at open polls, as both are required
to carry their weapons while on duty." It also explains that "the feder-
al prosecutor has no authority to send FBI Special Agents or Deputy U.S.
Marshals to polling places. In fact, a federal statute makes it a felony
for any federal official to send 'armed men' to the vicinity of open
polling places. 18 U.S.C. § 592." Moreover, "federal law provides crimi-
nal penalties for any federal official who sends `armed men' to open
polling locations. 18 U.S.C. § 592. Accordingly, the FBI's Manual of
Investigative Operations and Guidelines, at § 568(6), provides that
investigations in the vicinity of open polls must first be approved by
the Justice Department."
Under federal law, federal officials who commit crimes can be immune
from state criminal prosecution only if the official's actions were
authorized by federal law and "necessary and proper" in fulfilling their
federal duties. This bill would clarify that, in this context, the same
actions punishable as criminal offenses by government and military offi-
cials under federal statutes, will also be punishable as a state crime
by government and military officials. Intimidating voters or interfering
with elections is not authorized by federal law or "necessary and prop-
er" to fulfilling federal or any other governmental duty, and this bill
would reinforce this federal principle. State law can also provide for
civil remedial relief against federal officials who engage in conduct
that violates federal law or the U.S. Constitution.
The federal administration is currently engaged in a campaign to under-
mine our elections and there have been public calls for the adminis-
tration to deploy immigration law enforcement to the polls. If this
administration, or any administration, decides to run afoul of these
federal prohibitions, it is unlikely that a Department of Justice
reporting to the same administration will prosecute those responsible
and it will be incumbent on states to do so.
This enactment does not, nor is intended to, usurp federal authority or
undermine federal law. Nor does it discriminate against federal offi-
cials or interfere with authorized federal duties. It only prohibits
state, local, and federal government and military officials from engag-
ing in conduct that is not authorized by federal law.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11530
IN ASSEMBLY
May 29, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to prohibiting members of
the military or armed government presence from interfering with
elections
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding four new sections
2 17-172, 17-174, 17-176, and 17-178 to read as follows:
3 § 17-172. Troops or armed government presence at polls. 1. Whoever,
4 being an officer of the army or navy, or other person in the civil,
5 military, or naval service of the state of New York or the United
6 States, orders, brings, keeps, or has under their authority or control
7 any troops or armed persons at any place where an election is held,
8 unless such force be necessary to repel armed enemies of the United
9 States, and thereby acts in violation of federal law, shall be fined or
10 imprisoned not more than five years, or both.
11 2. This section shall not prevent any officer or member of the armed
12 forces of the state of New York or United States from exercising the
13 right of suffrage.
14 3. This section shall not apply to:
15 (a) law enforcement whose presence has been requested or authorized by
16 the presiding election officer to respond to a specific emergency or
17 disturbance that poses an imminent threat to the life, physical safety,
18 or right to vote of an individual in the election officer's jurisdic-
19 tion;
20 (b) law enforcement whose presence is otherwise required by law; or
21 (c) an officer or member of the state or national guard of the state
22 of New York who has been activated by the governor of the state of New
23 York to perform election-related duties under the supervision of an
24 election officer.
25 4. Notwithstanding any other provision of law, the attorney general
26 shall have jurisdiction to prosecute any offenses under this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15177-05-6
A. 11530 2
1 5. The terms in this section shall be construed consistently with the
2 same or similar terms in 18 U.S.C. § 592. This section shall not be read
3 to permit any conduct prohibited by 18 U.S.C. § 592.
4 § 17-174. Interference by armed forces. 1. Whoever, being an officer
5 or member of the armed forces of the state of New York or United States:
6 (a) prescribes or fixes or attempts to prescribe or fix, whether by
7 proclamation, order or otherwise, the qualifications of voters at any
8 election in the state, and thereby acts in violation of federal law; (b)
9 prevents or attempts to prevent by force, threat, intimidation, advice
10 or otherwise any qualified voter of the state from fully exercising the
11 right of suffrage at any election, and thereby acts in violation of
12 federal law; (c) orders or compels or attempts to compel any election
13 officer in the state to receive a vote from a person not legally quali-
14 fied to vote, and thereby acts in violation of federal law; (d) imposes
15 or attempts to impose any regulations for conducting any election in the
16 state, different from those prescribed by law, and thereby acts in
17 violation of federal law; or (e) interferes in any manner with an
18 election officer's discharge of their duties, and thereby acts in
19 violation of federal law shall be fined or imprisoned not more than five
20 years, or both.
21 2. This section shall not prevent any officer or member of the armed
22 forces from exercising the right of suffrage.
23 3. Notwithstanding any other provision of law, the attorney general
24 shall have jurisdiction to prosecute any offenses under this section.
25 4. The terms in this section shall be construed consistently with the
26 same or similar terms in 18 U.S.C. § 593. This section shall not be read
27 to permit any conduct prohibited by 18 U.S.C. § 593.
28 § 17-176. Interference by administrative employees of federal, state,
29 or local governments. 1. Whoever, being a person employed in any admin-
30 istrative position by the United States, or by any department or agency
31 thereof, or by the state of New York, or any political subdivision,
32 municipality, or agency thereof, or agency of such political subdivision
33 or municipality (including any corporation owned or controlled by the
34 state of New York or by any such political subdivision, municipality, or
35 agency), in connection with any activity which is financed in whole or
36 in part by loans or grants made by the United States or the state of New
37 York, or any department or agency thereof, uses their official authority
38 for the purpose of interfering with the nomination or the election of
39 any candidate for federal, state, or local public office, and thereby
40 acts in violation of federal law, shall be fined or imprisoned not more
41 than one year, or both.
42 2. This section shall not prohibit or make unlawful any act by any
43 officer or employee of any educational or research institution, estab-
44 lishment, agency, or system which is supported in whole or in part by
45 any state or political subdivision thereof, or by the District of Colum-
46 bia or by any territory or possession of the United States; or by any
47 recognized religious, philanthropic or cultural organization.
48 3. Notwithstanding any other provision of law, the attorney general
49 shall have jurisdiction to prosecute any offenses under this section.
50 4. The terms in this section shall be construed consistently with the
51 same or similar terms in 18 U.S.C. § 595. This section shall not be read
52 to permit any conduct prohibited by 18 U.S.C. § 595.
53 § 17-178. Civil enforcement of prohibitions on troops or armed govern-
54 ment presence at polls, interference by armed forces, and interference
55 by administrative employees of federal, state, or local governments. 1.
56 A person aggrieved by a violation of section 17-172, 17-174, or 17-176
A. 11530 3
1 of this title may enforce the provisions of such section in a suit in
2 equity. A prevailing plaintiff in such an action shall recover reason-
3 able attorney's fees, reasonable expert fees, reasonable litigation
4 expenses, and all such fees as are appropriate as part of the costs to
5 be determined by a court of competent jurisdiction.
6 2. An election officer holding an election or conducting a canvass may
7 enforce the provisions of section 17-172, 17-174, or 17-176 of this
8 title and may institute an action for equitable relief on behalf of an
9 aggrieved person who is in the officer's jurisdiction or is eligible to
10 vote in the officer's jurisdiction.
11 3. The attorney general may enforce the provisions of section 17-172,
12 17-174, or 17-176 of this title and may institute for the state, or in
13 the name of the state, an action for equitable relief, including an
14 application for a temporary or permanent injunction, restraining order,
15 or other order.
16 4. A suit brought by an election officer holding an election or
17 conducting a canvass or the attorney general under this section does not
18 preclude a contemporaneous private suit by an aggrieved person to
19 enforce the provisions of section 17-172, 17-174, or 17-176 of this
20 title.
21 5. The provisions of sections 17-172, 17-174, and 17-176 of this title
22 are cumulative and shall not be construed as restricting the application
23 of any other law, including, but not limited to, the application of a
24 criminal law to a person whose conduct violates this act.
25 6. Actions brought pursuant to this section must be subject to expe-
26 dited pretrial and trial proceedings and receive an automatic calendar
27 preference.
28 § 2. Severability clause. If any clause, sentence, paragraph, section
29 or part of this act shall be adjudged by any court of competent juris-
30 diction to be invalid, such judgment shall not affect, impair or invali-
31 date the remainder thereof, but shall be confined in its operation to
32 the clause, sentence, paragraph, subdivision, section or part thereof
33 directly involved in the controversy in which such judgment shall have
34 been rendered. It is hereby declared to be the intent of the legislature
35 that this act would have been enacted even if such invalid provisions
36 had not been included herein.
37 § 3. This act shall take effect immediately.
