N.Y. Election Law Section 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 § 9-209 (Canvass of early mail, absentee, military and special ballots, and ballots cast in affidavit envelopes)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.

Source: Section 17-130 — Misdemeanor in relation to elections, https://www.­nysenate.­gov/legislation/laws/ELN/17-130 (updated Apr. 8, 2022; accessed Apr. 13, 2024).

17–100
Definitions
17–102
Misdemeanors at, or in connection with, primary elections, caucuses, enrollment in political parties, committees, and conventions
17–104
False registration
17–106
Misconduct of election officers
17–108
False affidavits
17–110
Misdemeanors concerning police commissioners or officers or members of any police force
17–112
Soliciting media support
17–114
Failure to furnish information
17–116
Removal, mutilation or destruction of election booths, supplies, poll-lists or cards of instruction
17–118
Refusal to permit employees to attend election
17–120
Misconduct in relation to certificate of nomination and official ballot
17–122
Misconduct in relation to petitions
17–124
Failure to deliver official ballots
17–126
Misconduct of election officers
17–128
Violations of election law by public officer or employee
17–130
Misdemeanor in relation to elections
17–132
Illegal voting
17–134
Unlawful use of pasters
17–136
False returns
17–140
Furnishing money or entertainment to induce attendance at polls
17–142
Giving consideration for franchise
17–144
Receiving consideration for franchise
17–146
Offender a competent witness
17–148
Bribery or intimidation of elector in military service of United States
17–150
Duress and intimidation of voters
17–152
Conspiracy to promote or prevent election
17–154
Pernicious political activities
17–156
Political assessments
17–160
Procuring fraudulent documents in order to vote
17–162
Judicial candidates not to contribute
17–164
Political contributions by owners of polling places prohibited
17–166
Penalty
17–168
Crimes against the elective franchise not otherwise provided for
17–170
Destroying or delaying election returns

Accessed:
Apr. 13, 2024

Last modified:
Apr. 8, 2022

§ 17-130’s source at nysenate​.gov

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