N.Y. Election Law § 17-212: Prohibition against voter intimidation, deception or obstruction

§ 17-212. Prohibition against voter intimidation, deception or

obstruction. 1. (a) No person, whether acting under color of law or

otherwise, may engage in acts of intimidation, deception, or obstruction

that affects the right of voters to access the elective franchise.

(b) A violation of paragraph (a) of this subdivision shall be

established if:

(i) a person uses or threatens to use any force, violence, restraint,

abduction or duress, or inflicts or threatens to inflict any injury,

damage, harm or loss, or in any other manner practices intimidation that

causes or will reasonably have the effect of causing any person to vote

or refrain from voting in general or for or against any particular

person or for or against any proposition submitted to voters at such

election; to place or refrain from placing their name upon a registry of

voters; or to request or refrain from requesting an early mail or

absentee ballot; or

(ii) a person knowingly uses any deceptive or fraudulent device,

contrivance or communication that (A) pertains to: (1) the time, place,

or manner of any election; (2) the qualifications or restrictions on

voter eligibility for such election; (3) any voter's eligibility to vote

in any election; (4) the consequences for voting or failing to vote in

any election; or (5) a statement of endorsement by any specifically

named person, political party, or organization; and (B) impedes,

prevents or otherwise interferes with the free exercise of the elective

franchise by any person, or causes or will reasonably have the effect of

causing any person to vote or refrain from voting in general or for or

against any particular person or for or against any proposition

submitted to voters at such election; to place or refrain from placing

their name upon a registry of voters; or to request or refrain from

requesting an early mail or absentee ballot; or

(iii) a person obstructs, impedes, or otherwise interferes with access

to any polling place or elections office, or obstructs, impedes, or

otherwise interferes with any voter in any manner that causes or will

reasonably have the effect of causing any delay in voting or the voting

process, including the canvassing and tabulation of ballots.

2. Standing. Any aggrieved persons, organization whose membership

includes aggrieved persons or members of a protected class, organization

whose mission, in whole or in part, is to ensure voting access and such

mission would be hindered by a violation of this section, or the

attorney general may file an action pursuant to this section in the

supreme court of the county in which the alleged violation of this

section occurred.

3. Remedies. Upon a finding of a violation of any provision of this

section, the court shall implement appropriate remedies that are

tailored to remedy the violation, including but not limited to providing

for additional time to cast a ballot that may be counted in the election

at issue. Any party who shall violate any of the provisions of the

foregoing section or who shall aid the violation of any of said

provisions shall be liable to any prevailing plaintiff party for

damages, including nominal damages for any violation, and compensatory

or punitive damages for any intentional violation.