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This entry was published on 2024-01-05
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SECTION 17-212
Prohibition against voter intimidation, deception or obstruction
Election (ELN) CHAPTER 17, ARTICLE 17, TITLE 2
§ 17-212. Prohibition against voter intimidation, deception or
obstruction. 1. (a) No person, whether acting under color of law or
otherwise, may engage in acts of intimidation, deception, or obstruction
that affects the right of voters to access the elective franchise.

(b) A violation of paragraph (a) of this subdivision shall be
established if:

(i) a person uses or threatens to use any force, violence, restraint,
abduction or duress, or inflicts or threatens to inflict any injury,
damage, harm or loss, or in any other manner practices intimidation that
causes or will reasonably have the effect of causing any person to vote
or refrain from voting in general or for or against any particular
person or for or against any proposition submitted to voters at such
election; to place or refrain from placing their name upon a registry of
voters; or to request or refrain from requesting an early mail or
absentee ballot; or

(ii) a person knowingly uses any deceptive or fraudulent device,
contrivance or communication, that impedes, prevents or otherwise
interferes with the free exercise of the elective franchise by any
person, or that causes or will reasonably have the effect of causing any
person to vote or refrain from voting in general or for or against any
particular person or for or against any proposition submitted to voters
at such election; to place or refrain from placing their name upon a
registry of voters; or to request or refrain from requesting an early
mail or absentee ballot; or

(iii) a person obstructs, impedes, or otherwise interferes with access
to any polling place or elections office, or obstructs, impedes, or
otherwise interferes with any voter in any manner that causes or will
reasonably have the effect of causing any delay in voting or the voting
process, including the canvassing and tabulation of ballots.

2. Standing. Any aggrieved persons, organization whose membership
includes aggrieved persons or members of a protected class, organization
whose mission, in whole or in part, is to ensure voting access and such
mission would be hindered by a violation of this section, or the
attorney general may file an action pursuant to this section in the
supreme court of the county in which the alleged violation of this
section occurred.

3. Remedies. Upon a finding of a violation of any provision of this
section, the court shall implement appropriate remedies that are
tailored to remedy the violation, including but not limited to providing
for additional time to cast a ballot that may be counted in the election
at issue. Any party who shall violate any of the provisions of the
foregoing section or who shall aid the violation of any of said
provisions shall be liable to any prevailing plaintiff party for
damages, including nominal damages for any violation, and compensatory
or punitive damages for any intentional violation.