S 8646: Prohibits the intimidation, obstruction, or the unlawful dissemination of personal information of election officers; makes election officers eligible for the address confidentiality program.

  
  STATE OF NEW YORK ________________________________________________________________________ 8646  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 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. Any aggrieved persons, county board of elections, the state board 24 of elections, organization whose membership includes aggrieved persons 25 or members of a protected class, organization whose mission, in whole or 26 in part, is to ensure voting access and such mission would be hindered 27 by a violation of this section, or the attorney general may file an EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14356-01-6 
 S. 8646 2 1 action pursuant to this section in the supreme court of the county in 2 which the alleged violation of this section occurred. 3 3. Upon a finding of a violation of any provision of this section, the 4 court shall implement appropriate sanctions that are tailored to remedy 5 the violation. Any party who shall violate any of the provisions of this 6 section or who shall aid the violation of any of said provisions shall 7 be liable to any prevailing plaintiff party for damages, including nomi- 8 nal damages for any violation, and compensatory or punitive damages for 9 any intentional violation. 10 § 3. The penal law is amended by adding a new section 195.25 to read 11 as follows: 12 § 195.25 Doxing of an election officer. 13 1. A person is guilty of doxing of an election officer when such 14 person knowingly makes restricted personal information about an election 15 officer, as defined in subdivision twenty-five of section 1-104 of the 16 election law, publicly available: 17 (a) With the intent to threaten, intimidate, or incite the commission 18 of a crime of violence against the election officer; or 19 (b) With the intent and knowledge that the restricted personal infor- 20 mation will be used to threaten, intimidate, or facilitate the commis- 21 sion of a crime of violence against the election officer. 22 2. For the purposes of this section, "restricted personal information" 23 shall mean identifying information regarding an individual, including 24 but not limited to, names, telephone numbers, email addresses, and phys- 25 ical or mailing addresses, which the election officer has not made read- 26 ily apparent to the public, or which the individual has not authorized 27 another person or organization to make readily apparent to the public. 28 Doxing of an election officer is a class A misdemeanor. 29 § 4. The opening paragraph of section 108 of the executive law, as 30 separately amended by chapters 222 and 521 of the laws of 2022, is 31 amended to read as follows: 32 There is created in the office of the secretary of state a program to 33 be known as the "address confidentiality program" to protect victims of 34 domestic violence, victims of human trafficking, victims of kidnapping, 35 victims of a sexual offense, victims of stalking, [and] reproductive 36 health care services providers, employees, volunteers, patients, or 37 immediate family members of reproductive health care services providers, 38 and election officers by authorizing the use of designated addresses for 39 such victims and their minor children. The program shall be administered 40 by the secretary of state. 41 § 5. Subdivision 1 of section 108 of the executive law is amended by 42 adding a new paragraph (o) to read as follows: 43 (o) "Election officer" shall have the same meaning as such term is 44 defined by subdivision twenty-five of section 1-104 of the election law. 45 § 6. Clauses (A) and (B) of subparagraph (i) of paragraph (a) of 46 subdivision 2 of section 108 of the executive law, clause (A) as sepa- 47 rately amended by chapters 222 and 521 of the laws of 2022, and clause 48 (B) as amended by chapter 222 of the laws of 2022, are amended to read 49 as follows: 50 (A) the applicant, or the minor or incapacitated person on whose 51 behalf the application is made, is a victim of domestic violence, victim 52 of human trafficking, victim of kidnapping, victim of a sexual offense, 53 victim of stalking, an election officer, or a reproductive health care 54 services provider, employee, volunteer, patient, or an immediate family 55 member of a reproductive health care services provider; 
 S. 8646 3 1 (B) the applicant, or the minor or incapacitated person on whose 2 behalf the application is made, has left [his or her] such applicant 3 residence because of such violence or acts, provided, however, this 4 clause shall not apply if the applicant is an election officer or a 5 reproductive health care services provider, employee, volunteer, 6 patient, or an immediate family member of a reproductive health care 7 services provider; 8 § 7. Subparagraph (iv) of paragraph (a) of subdivision 2 of section 9 108 of the executive law, as amended by chapter 222 of the laws of 2022, 10 is amended to read as follows: 11 (iv) the actual address or addresses that the applicant requests not 12 be disclosed because of the increased risk of domestic violence, a sexu- 13 al offense, stalking, physical injury or in the case of an election 14 officer or reproductive health care services provider, employee, volun- 15 teer, patient, or an immediate family member of a reproductive health 16 care services provider, other threats of violence; and 17 § 8. Subdivision 3 of section 108 of the executive law, as separately 18 amended by chapters 222 and 521 of the laws of 2022, is amended to read 19 as follows: 20 3. Designation of agencies to assist applicants. The secretary shall 21 designate state, local or nonprofit agencies that provide counseling, 22 referral, shelter or other specialized services to victims of domestic 23 violence, victims of human trafficking, victims of kidnapping, victims 24 of a sexual offense, victims of stalking, election officers, and repro- 25 ductive health care services providers, employees, volunteers, patients, 26 or immediate family members of reproductive health care services provid- 27 ers to assist persons applying to be program participants. Such persons 28 providing assistance shall be trained by the secretary. Any assistance 29 and counseling rendered by an officer of the secretary or [his or her] 30 their designees to applicants shall in no way be construed as legal 31 advice. 32 § 9. This act shall take effect on the one hundred eightieth day after 33 it shall have become a law.