New York Assembly repeals unconstitutional line warming ban to aid voters

May 15, 2025 | 2025 Legislature NY, New York


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New York Assembly repeals unconstitutional line warming ban to aid voters
New York lawmakers have taken a significant step to enhance voter accessibility by repealing an outdated and unconstitutional line warming ban during their May 15, 2025, session. This legislation allows individuals to provide food and water to voters waiting in long lines at polling places, a move aimed at reducing voter disenfranchisement.

The repeal follows a ruling from the U.S. District Court for the Southern District of New York, which found that the previous law, prohibiting the distribution of refreshments to voters, lacked a compelling state interest and was unconstitutional. The court's decision prompted lawmakers to act swiftly to clarify the law and ensure that voters can receive nominal provisions while waiting to cast their ballots.

During the session, legislators discussed the implications of the repeal, emphasizing the importance of maintaining a comfortable voting environment, especially during peak times when lines can stretch for hours. Proponents of the bill argued that allowing line warming is essential for encouraging voter participation and ensuring that individuals do not abandon their right to vote due to discomfort.

However, some lawmakers expressed concerns about potential confusion regarding the enforcement of the existing 100-foot electioneering rule, which prohibits campaigning within a certain distance of polling places. They raised questions about how election inspectors would manage situations where volunteers might inadvertently violate this rule while distributing refreshments.

Despite these concerns, the majority of legislators supported the repeal, recognizing that the previous law was not only outdated but also counterproductive to the goal of increasing voter turnout. The bill passed with a vote of 91 to 46, signaling a commitment to protecting the voting rights of all New Yorkers.

In addition to the line warming repeal, the session also addressed a separate bill aimed at increasing transparency in political campaigns by requiring political committees to disclose their funding sources on public-facing websites. This measure is intended to modernize campaign finance laws and ensure that voters have access to information about who is financing political communications.

As New York moves forward with these legislative changes, the focus remains on fostering an inclusive electoral process that empowers voters and enhances their experience at the polls.

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