The Election
New York bill would speed court action on voter interference
Senator Shelley Mayer’s proposal would let judges act fast when intimidation, deception or obstruction threatens a ballot. It also allows extra time to vote and damages for violations.
In New York, the bill would give courts faster tools to stop voter intimidation, deception or obstruction as it happens. Judges could order relief on the spot, including extra time to cast a counted ballot.
- Judges could issue emergency orders against voter interference.
- Courts could give voters extra time to cast a counted ballot.
- The bill also allows damages, including punitive damages for intentional violations.
- The change would take effect immediately if approved.
- In New York, a blocked voting line or a deceptive tactic at the polls would not have to wait for a damage claim after the election is over
In New York, a blocked voting line or a deceptive tactic at the polls would not have to wait for a damage claim after the election is over. The proposal would give judges faster emergency tools when voter intimidation, deception or obstruction threatens the ability to cast a ballot.
Courts could step in with immediate injunctive relief, restraining orders or cease-and-desist orders, all aimed at stopping irreparable harm while voting is happening. The bill is written to protect the act of voting itself, not just punish interference after the fact.
A remedy that fits the harm
The change amends subdivision 3 of section 17-212 of the election law. Once a court finds a violation, it would have to tailor the remedy to the problem, which could include giving voters extra time to cast a ballot that can still be counted in the election at issue.
That matters because election interference is often time-sensitive. If someone is pushed away, misled or blocked on voting day, the harm can be immediate and irreversible unless a court can act on the spot.
Money can follow the violation
The bill also keeps damages in play for anyone who violates the section or helps do it. A prevailing plaintiff could recover nominal damages for any violation, and intentional violations could bring compensatory or punitive damages.
Shelley Mayer, a state senator from Westchester and chair of the Senate Education Committee, is the bill's sponsor. The act would take effect immediately.