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New York · Through 2026-09-11

N.Y. Election Law § 17-130: Misdemeanor in relation to elections

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Where this section sits in the code
  1. Election Law
  2. Article 17. Protecting the Elective Franchise
  3. Title 1. Violations of the Elective Franchise

§ 17-130. Misdemeanor in relation to elections. Any person who:

1. Acts as an inspector of election or as a clerk at an election,

without being able to read or write the English language, or without

being otherwise qualified to hold such office; or,

2. Being an inspector of election, knowingly and wilfully permits or

suffers any person to vote who is not entitled to vote thereat; or,

3. Wilfully and unlawfully obstructs, hinders or delays, or aids or

assists in obstructing or delaying any elector on his way to a

registration or polling place, or while he is attempting to register or

vote; or,

4. Electioneers on election day or on days of registration within one

hundred feet, as defined herein, from a polling place. Said prohibition

shall not apply to a building or room that has been maintained for

political purposes at least six months prior to said election or

registration days, except that no political displays, placards or

posters shall be exhibited therefrom. For the purposes of this section,

the one hundred feet distance shall be deemed to include a one hundred

foot radial measured from the entrances, designated by the inspectors of

elections, to a building where the election or registration is being

held.

5. Removes any official ballot from a polling place before the closing

of the polls; or,

6. Unlawfully goes within the guard-rail of any polling place or

unlawfully remains within such guard-rail after having been commanded to

remove therefrom by any inspector of election; or,

7. Enters a voting booth with any voter or remains in a voting booth

while it is occupied by any voter, or opens the door of a voting booth

when the same is occupied by a voter, with the intent to watch such a

voter while engaged in the preparation of his ballot, except as

authorized by this chapter; or,

8. Being or claiming to be a voter, permits any other person to be in

a voting booth with him while engaged in the preparation of his ballot,

except as authorized by this chapter, without openly protesting against

and asking that such person be ejected; or,

9. Having lawfully entered a voting booth with a voter, requests,

persuades or induces such voter to vote any particular ballot or for any

particular candidate, or makes or keeps any memorandum of anything

occurring within the booth, or directly or indirectly, reveals to

another the name of any candidate voted for by such voter; or,

10. Shows his ballot after it is prepared for voting, to any person so

as to reveal the contents, or solicits a voter to show the same; or,

11. Places any mark upon his ballot, or does any other act in

connection with his ballot with the intent that it may be identified as

the one voted by him; or,

12. Places any mark upon, or does any other act in connection with a

ballot or paster ballot, with the intent that it may afterwards be

identified as having been voted by any particular person; or,

13. Receives an official ballot from any person other than one of the

clerks or inspectors having charge of the ballots; or,

14. Not being an inspector of election or clerk, delivers an official

ballot to a voter; or,

15. Not being an inspector of election, receives from any voter a

ballot prepared for voting; or,

16. Fails to return to the inspectors of election, before leaving the

polling place or going outside the guard-rail, each ballot not voted by

him; or,

17. Wilfully defaces, injures, mutilates, destroys or secretes any

voting maching which belongs to any municipality or board of elections

for use at elections, and any person who commits or attempts to commit a

fraud in the use of any such voting machine during election; or,

18. Not being lawfully authorized, makes or has in his possession a

key to a voting machine which has been adopted and will be used in

elections; or,

19. Not being an inspector or clerk of election, handles a voted or

unvoted ballot or stub thereof, during the canvass of votes at an

election; or,

20. Intentionally opens a voter's ballot envelope or examines the

contents thereof after the receipt of the envelope by the board of

elections and before the close of the polls at the election except as

provided in section 9-209 of this chapter; or,

21. Willfully disobeys any lawful command of the board of inspectors,

or any member thereof; or,

22. Induces or attempts to induce any poll clerk, election inspector,

election coordinator, or officer, clerk or employee of the board of

elections discharging any duty or performing any act required or made

necessary by the election law, to do any act in violation of his duty or

in violation of the election law; or,

23. Not having been appointed or named an inspector of elections or

clerk and not having taken the oath for such office shall wear or

display any button, badge or emblem identifying or purporting to

identify such person as an inspector of election or clerk, is guilty of

a misdemeanor.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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