§ 17-212 — Prohibition against voter intimidation, deception or obstruction

§ 17-212. Prohibition against voter intimidation, deception or\nobstruction. 1. (a) No person, whether acting under color of law or\notherwise, may engage in acts of intimidation, deception, or obstruction\nthat affects the right of voters to access the elective franchise.\n (b) A violation of paragraph (a) of this subdivision shall be\nestablished if:\n (i) a person uses or threatens to use any force, violence, restraint,\nabduction or duress, or inflicts or threatens to inflict any injury,\ndamage, harm or loss, or in any other manner practices intimidation that\ncauses or will reasonably have the effect of causing any person to vote\nor refrain from voting in general or for or against any particular\nperson or for or against any proposition submitted to voters at such\nelection; to place or refrain from placing their name upon a registry of\nvoters; or to request or refrain from requesting an early mail or\nabsentee ballot; or\n (ii) a person knowingly uses any deceptive or fraudulent device,\ncontrivance or communication that (A) pertains to: (1) the time, place,\nor manner of any election; (2) the qualifications or restrictions on\nvoter eligibility for such election; (3) any voter's eligibility to vote\nin any election; (4) the consequences for voting or failing to vote in\nany election; or (5) a statement of endorsement by any specifically\nnamed person, political party, or organization; and (B) impedes,\nprevents or otherwise interferes with the free exercise of the elective\nfranchise by any person, or causes or will reasonably have the effect of\ncausing any person to vote or refrain from voting in general or for or\nagainst any particular person or for or against any proposition\nsubmitted to voters at such election; to place or refrain from placing\ntheir name upon a registry of voters; or to request or refrain from\nrequesting an early mail or absentee ballot; or\n (iii) a person obstructs, impedes, or otherwise interferes with access\nto any polling place or elections office, or obstructs, impedes, or\notherwise interferes with any voter in any manner that causes or will\nreasonably have the effect of causing any delay in voting or the voting\nprocess, including the canvassing and tabulation of ballots.\n 2. Standing. Any aggrieved persons, organization whose membership\nincludes aggrieved persons or members of a protected class, organization\nwhose mission, in whole or in part, is to ensure voting access and such\nmission would be hindered by a violation of this section, or the\nattorney general may file an action pursuant to this section in the\nsupreme court of the county in which the alleged violation of this\nsection occurred.\n 3. Remedies. Upon a finding of a violation of any provision of this\nsection, the court shall implement appropriate remedies that are\ntailored to remedy the violation, including but not limited to providing\nfor additional time to cast a ballot that may be counted in the election\nat issue. Any party who shall violate any of the provisions of the\nforegoing section or who shall aid the violation of any of said\nprovisions shall be liable to any prevailing plaintiff party for\ndamages, including nominal damages for any violation, and compensatory\nor punitive damages for any intentional violation.\n