New York bill would speed court action on voter interference

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.