New York S 8646: Relates to the New York election officer protection act

Bill Text

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S08646 Summary:

BILL NOS08646A

&nbsp

SAME ASSAME AS A10221

&nbsp

SPONSORGONZALEZ

&nbsp

COSPNSRBOTTCHER, FAHY

&nbsp

MLTSPNSR

&nbsp

Add §3-422, El L; add §195.25, Pen L; amd §108, Exec L

&nbsp

Prohibits the intimidation, obstruction, or the unlawful dissemination of personal information of election officers; makes election officers eligible for the address confidentiality program.

Go to top S08646 Actions:

BILL NOS08646A

&nbsp

01/07/2026REFERRED TO ELECTIONS

01/09/2026AMEND AND RECOMMIT TO ELECTIONS

01/09/2026PRINT NUMBER 8646A

01/12/2026REPORTED AND COMMITTED TO RULES

01/12/2026ORDERED TO THIRD READING CAL.7

01/12/2026PASSED SENATE

01/12/2026DELIVERED TO ASSEMBLY

01/12/2026referred to election law

Go to topS08646 Committee&nbspVotes:

Go to topS08646 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08646 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8646--A

 IN SENATE

 January 7, 2026
 ___________

 Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Elections -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the election law, the penal law and the executive law,
 in relation to the New York election officer protection act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "New York
 2 Election Officer Protection Act".
 3 § 2. The election law is amended by adding a new section 3-422 to read
 4 as follows:
 5 § 3-422. Prohibition against intimidation or obstruction of election
 6 officers. 1. (a) No person, whether acting under color of law or other-
 7 wise, may intimidate or attempt to intimidate an election officer for:
 8 (i) urging or aiding any person to vote or attempt to vote;
 9 (ii) exercising the powers or duties of an election officer; or
 10 (iii) their status as a past or present election officer.
 11 (b) A violation of this section shall be established if:
 12 (i) A person uses or threatens to use any force, violence, restraint,
 13 abduction or duress, or inflicts or threatens to inflict any injury,
 14 damage, harm or loss, or in any other manner practices intimidation:
 15 (A) that causes or will reasonably have the effect of preventing an
 16 election officer from executing their duties; or
 17 (B) in whole or substantial part because the person against whom the
 18 conduct is directed is a past or present election officer; or
 19 (ii) A person obstructs, impedes, or otherwise interferes with access
 20 to any polling place, election office, or voting equipment in any manner
 21 that causes or will reasonably have the effect of preventing an election
 22 officer from executing their duties.
 23 2. (a) In any action or proceeding brought pursuant to this section,
 24 a rebuttable presumption that the defendant engaged in conduct intended
 25 to menace, harass, coerce, or otherwise intimidate an election officer,
 26 or to interfere with the administration of the election, shall be
 27 created if the plaintiff establishes that the defendant, while at a
 28 location used as a polling place: possessed a firearm, rifle, or shotgun
 29 in a manner that would constitute a violation of paragraph (q) of subdi-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14356-03-6

 S. 8646--A 2

 1 vision two of section 265.01-e of the penal law, where such weapon is
 2 visible to others at such polling location. For the purposes of this
 3 section, the terms "firearm", "rifle", and "shotgun" shall have the same
 4 meaning as such terms are defined in section 265.00 of the penal law.
 5 (b) This presumption shall not apply to persons who are police offi-
 6 cers as defined in subdivision thirty-four of section 1.20 of the crimi-
 7 nal procedure law, or persons who are designated peace officers by
 8 section 2.10 of the criminal procedure law, while such persons are
 9 acting within the scope of their official duties.
 10 3. Any aggrieved persons, county board of elections, the state board
 11 of elections, organization who