Bill > S4842

Introduced Session

This bill, to be known as the "Voter Protection and Law Enforcement Neutrality Act," concerns certain law enforcement activity during an election. The bill prohibits law enforcement officers from standing or conducting a civil enforcement operation, or remaining within 200 feet of a polling place or ballot drop box during the conduct of an election if the officer knows, or should have known, that the officer's presence is likely to: impede, hinder, prevent, or otherwise interfere with the free exercise of the franchise of any voter at any election, or improperly influence a reasonable voter in the voter's decision to exercise the voter's lawful right to vote, either at a polling place or by depositing a mail-in ballot at a ballot drop box; or impede or interfere with the ability of an elections official to conduct an election. The purpose of this bill is to ensure that the State preserves a limited amount of space around polling places and ballot drop boxes necessary for the State and its elections officials to conduct elections under the authority delegated to the State by the Elections Clause of the United States Constitution, and for voters to exercise their lawful right to vote, without interference from certain members of law enforcement. The bill seeks to balance the rights and interests of the State and voters with the responsibilities of law enforcement by expanding the restricted area from 100 feet to 200 feet around polling places and ballot drop boxes and by including exceptions where a law enforcement officer is: exercising a valid judicial warrant; traveling to and from, or remaining within, their personal residence if that residence is within 200 feet of a polling place or a ballot drop box; voting at a polling place or ballot drop box in a personal capacity and assisting others in a legal manner, including, but not limited to, serving as a bearer for immediate family members; escorting a person who may require the assistance of the officer to or from, or both, a polling place, a ballot drop box, or both; investigating, addressing, or removing the specific cause of a disturbance, or otherwise responding to a request for assistance, on or around the premises of the location of a polling place or a ballot drop box; or entering and exiting a federal, State, county, or municipal government building that is within 200 feet of a polling place or ballot drop box location for activity that is not directed toward voters, election personnel, or persons traveling to or from a polling place or ballot drop box location, and is conducted so as to minimize any reasonably foreseeable effect on voting. Under the bill, in response to a violation, the Attorney General, a county superintendent of elections, a county board of elections, or an eligible voter facing an imminent or continuing violation may bring an action in the Superior Court for declaratory or prospective injunctive relief. The court would be required to tailor relief to protect voting while avoiding unnecessary interference with lawful law enforcement activity. Relief may include, but not be limited to, relocation of staging activity, cessation of voter-directed surveillance or questioning, restoration of unobstructed access, public corrective notice, extension of polling hours as otherwise authorized by law, or another election-related remedy. The bill requires the Attorney General to establish a process for reporting alleged violations. Within 120 days after each general election, the Attorney General is required to publish a report describing substantiated incidents, remedies sought or obtained, and recommendations for administrative action and potential legislation. The Attorney General, in consultation with the Secretary of State, is required to issue guidance and training for State, county, and municipal law enforcement officers and elections officials to preserve voter access and public safety. The bill defines a "law enforcement officer" as any person who is employed as a sworn member of any federal, State, county, or municipal law enforcement agency, department, division, or instrumentality of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the laws of this State or the United States.

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Brian Stack (D)*, 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 10/19/2026)

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Official Document