Albany, NY — New York lawmakers have introduced a bill aimed at shielding residents from civil arrest while they travel to, remain at, or return from polling places. The proposal, sponsored by State Senator Pete Harckham and Assemblyman Jeffrey Dinowitz, seeks to strengthen voter protections amid concerns about federal enforcement activity near election sites.
Under the legislation, civil arrests would be prohibited in and around polling places unless supported by a judicial warrant or court order. Criminal arrests and lawful law enforcement activity would not be affected.
Harckham said the measure is intended to ensure voters feel secure when exercising their constitutional rights. “To maintain lawful access to polling places during our free elections in New York, our residents need to be assured that they will be protected from civil arrest while exercising their right to vote,” he said.
Dinowitz also cited concerns over reports of extrajudicial arrests by federal immigration authorities in various states. These incidents, he said, have involved both citizens and non-citizens and have taken place in locations ranging from homes and workplaces to schools and roadways. “No one should ever feel threatened when engaging in one of our core democratic tenets,” he said.
The bill (S.8596; Assembly number pending) would amend the state’s Civil Rights Law, Judiciary Law, and Election Law. It designates individuals present at polling sites “in good faith” as “privileged” from civil arrest. Those who unlawfully carry out or assist in such arrests could face contempt of court charges or accusations of false imprisonment.
Supporters of the legislation say the proposal mirrors protections already in place on court and school properties. They argue that polling places, used temporarily for official government functions, warrant similar safeguards.
The bill also outlines procedures for law enforcement officers who enter polling sites on official business. Officers would be required to identify themselves to poll workers, explain the purpose of their presence, and provide any warrants for review by judicial personnel. Arrests inside polling locations would only be permitted under extraordinary circumstances.
The legislation follows a recent federal deployment of election monitors to polling sites in California with large Latino populations—an action that drew criticism from some state and local officials. Surveys indicated that two-thirds of Latino voters reported concern about federal agents at polling places during that election.
New York already has statutes prohibiting voter intimidation. Harckham and Dinowitz said the new bill would help reinforce those protections and ensure voters and accompanying family members feel safe before, during, and after casting a ballot.
If enacted, the measure would require reporting of unusual law enforcement activity inside polling sites. The state Board of Elections would publish these reports online and compile annual statewide data on related arrests and warrants for legislative and executive review.
The proposal will next move through committee consideration in both chambers of the Legislature.