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Bill

S 10618

Prohibits members of the military or armed government presence from interfering with elections

2025 Regular Session Introduced by Zellnor Myrie

Prohibits troops or armed personnel from interfering with elections in New York, with penalties and strong enforcement by the AG and election officers.

REFERRED TO RULES
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WeVote Research Nonpartisan
Bill Summary · S 10618

Overview

Bill S. 10618 (2025-2026, New York) would prohibit members of the military or armed government presence from interfering with elections. It adds new civil and criminal prohibitions, establishes enforcement mechanisms, and clarifies who may be exempt. The measure is framed to align with federal provisions while giving the New York attorney general and election officers authority to prosecute and seek remedies.

Purpose and intent

  • To prevent the presence and actions of troops or armed personnel at polling sites or in election activities from interfering with elections.
  • To provide clear state-law prohibitions and penalties that parallel, and are consistent with, related federal statutes.
  • To ensure accountability through enforcement by the attorney general and election officers, with options for civil relief and expedited proceedings.

Key provisions

New sections added to the Election Law

  • § 17-172. Troops or armed government presence at polls

    • Prohibits ordering, bringing, keeping, or having troops or armed persons at election sites, unless necessary to repel armed enemies of the U.S.
    • Penalty: fine and/or imprisonment up to 5 years.
    • Allows armed personnel to exercise the right to vote.
    • Exceptions:
    • Law enforcement presence in response to emergencies or as required by law.
    • NY State/National Guard activation for election duties under an election officer’s supervision.
    • The Attorney General has jurisdiction to prosecute offenses under this section.
    • Provisions aligned with 18 U.S.C. § 592.

  • § 17-174. Interference by armed forces

    • Prohibits armed forces members from:
    • Prescribing or fixing voter qualifications.
    • Preventing qualified voters from exercising suffrage.
    • Forcing an election officer to accept votes from non-qualified voters.
    • Imposing election regulations different from those prescribed by law.
    • Interfering in any manner with an election officer’s duties.
    • Penalty: fine and/or imprisonment up to 5 years.
    • Exceptions: right to vote preserved; AG jurisdiction for prosecution; alignment with 18 U.S.C. § 593.

  • § 17-176. Interference by administrative employees of federal, state, or local governments

    • Prohibits administrative employees (federal, state, or local) whose activities are funded by federal/state programs from using official authority to interfere with nominations or elections.
    • Penalty: fine and/or imprisonment up to 1 year.
    • Exceptions: protections for certain educational, research, or organization activities similarly funded.
    • AG jurisdiction for prosecution.

  • § 17-178. Civil enforcement

    • Civil remedies for violations of §§ 17-172, 17-174, or 17-176.
    • Aggrieved individuals may sue in equity and seek fees and costs.
    • Election officers or the AG can file suit for equitable relief (injunctions, etc.).
    • Private suits may proceed concurrent with public enforcement.
    • Provisions are cumulative and do not replace other applicable laws.
    • Requires expedited pretrial and trial proceedings with automatic calendar preference.

Who is affected

  • Members of the military (state or federal) and other armed personnel.
  • Officers and members of the armed forces (state and federal) when performing or attempting activities related to elections.
  • Administrative employees of federal, state, or local governments involved in election-related activities under partly funded programs.
  • Election officers and the Office of the Attorney General (enforcement and litigation authority).
  • Aggrieved voters or parties who may bring civil actions for relief.

Procedural and timeline aspects

  • Effective date: immediate (takes effect upon enactment).
  • Enforcement: primarily via the Attorney General; election officers may enforce in their jurisdictions; broad civil enforcement options included.
  • Civil actions: allow for equity relief and recovery of fees and costs; parallel private rights of action maintained.
  • Proceedings: provisions call for expedited or preferential handling of related actions, reflecting the seriousness of interference with elections.

Additional notes

  • The bill includes severability to preserve remaining provisions if a part is invalidated.
  • It explicitly states consistency with corresponding federal statutes (18 U.S.C. §§ 592, 593) and clarifies that it does not authorize prohibited conduct.
  • Acknowledges that armed forces members retain the right to vote.

If you’d like, I can provide a side-by-side comparison with current federal statutes or with similar New York election-law provisions to illustrate alignment and gaps.

Compiled from official sources — confirm details with the bill’s official record.

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