What's happening
This bill raises the allowable value of food or drink given to voters at polling places from one dollar to five dollars.
Why it matters
Expands permissible voter support. By raising the allowable value of food or drink provided at polling places, the bill enables community groups or individuals to offer more substantial refreshments, potentially making long waits at the polls more comfortable for voters.
Addresses voter access and equity. In areas where voters face long lines or limited access to food and water, especially in underserved communities, this change could help reduce barriers to participation and promote a more inclusive voting environment.
Maintains anti-influence safeguards. The bill preserves the prohibition on identifying the provider of the refreshments at the polling place, helping to limit the potential for undue influence or campaigning while still allowing for greater voter assistance.
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Who cares
Headline styles
Raise Polling Place Gift Limit
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
943
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to increasing the dollar value of items that may legally be given or provided to any person, other than persons who are official representatives of the board of elections or political parties and committees and persons who are engaged as watchers, in a polling place without any identification of the person or entity supplying such provisions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 17-140 of the election law, as amended by chapter 414 of the laws of 1992, is amended to read as follows:
§ 17-140. Furnishing money or entertainment to induce attendance at polls. Any person who directly or indirectly by [himself] themself or through any other person in connection with or in respect of any election during the hours of voting on a day of a general, special or primary election gives or provides, or causes to be given or provided, or shall pay, wholly or in part, for any [meat,] drink, [tobacco,] refreshment or provision to or for any person, other than persons who are official representatives of the board of elections or political parties and committees and persons who are engaged as watchers, party representatives or workers assisting the candidate, except any such [meat,] drink, [tobacco,] refreshment or provision having a retail value of less than [one dollar] five dollars, which is given or provided to any person in a polling place without any identification of the person or entity supplying such provisions, is guilty of a Class A misdemeanor.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03217-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to increasing the dollar value of items that may legally be given or provided to any person, other than persons who are official representatives of the board of elections or political parties and committees and persons who are engaged as watchers, in a polling place without any identification of the person or entity supplying such provisions
PURPOSE::
To increase from $1 to $5 the dollar value of items that may legally be given or provided to any person at a polling place, to ensure that volunteers not identifiably affiliated with any political candidate, party or organization can provide de minimis amounts of food and bever- ages to voters waiting in line at a polling place.
SUMMARY OF SPECIFIC PROVISIONS::
Section 1 of the bill amends section 17-140 of the Election Law ("Furnishing money or entertainment to induce attendance at polls") to increase the dollar value of drinks, refreshments or provisions that may legally be provided to voters at a polling place from $1 to $5, so long as there is no identification of the person or entity supplying such drinks, refreshments or provisions.
Section 2 of the bill is the effective date.
JUSTIFICATION::
Since at least 1909, New York State has had a law on the books intending to prohibit the practice of furnishing prospective voters with gifts to induce them to vote. Since 1974, this prohibition has existed as a Class A misdemeanor found in Section 17-140 of the Election Law.
In 1992, the State Legislature amended Section 17-140 to include a commonsense exception for "meat, drinks, tobacco, refreshments or provisions" having a value of less than $1, as long as they were provided without identification of the person or entity supplying such provisions. According to the Bill Jacket for the 1992 law, the excep- tion" rectified,_ a situation where technical misdemeanors are committed each Election Day throughout many towns and cities in the State of New York."
By raising the allowable dollar value from $1 to $5, New York would ensure that inflation doesn't create more "technical misdemeanors." Under this bill, beverages and snacks of de minimis value could continue to be provided to voters waiting in long lines to vote, while retaining the requirement that the person or entity supplying the beverages or snacks cannot be identifiably affiliated with a candidate, campaign, or political party. Modernizing Section 17-140 of the Election Law would also be consistent with the many election reforms passed by the State Legislature since 2019 intended to make voting more accessible and easi- er for all, and draw a 'sharp distinction between New York and states like Georgia, which in March 2021 passed legislation creating a bright-
line law prohibiting giving food and drinks to voters at a polling place without exception.
LEGISLATIVE HISTORY::
S.558 of 2023-2024 (Hoylman-Sigal): Died in Elections
S.6217 of 2021-2022 (Hoylman): Died in Elections
FISCAL IMPLICATIONS::
None.
EFFECTIVE DATE::
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.