Assembly repeals law banning 'line warming' after federal court ruling

The New York State Assembly on the floor passed legislation repealing section 17-140 of the Election Law, a decades-old provision that criminalized so-called “line warming” — the distribution of small items such as water or snacks to voters standing in line. The measure passed 91–46 after more than an hour of questions and debate.

Assemblymember Simon, the bill’s sponsor, said the repeal responds to a federal court ruling. “This bill repeals an out of date and unconstitutional line warming ban that criminalized the provision of food and water to voters waiting in line at the polls,” Simon said during floor debate, citing the decision in Brooklyn Branch of the NAACP v. Kosinski in the U.S. District Court for the Southern District of New York.

The sponsor and supporters said the court found that the state lacked a compelling interest to prohibit nominal items that do not otherwise violate election law. Simon added that a full repeal avoids confusion for voters and election officials who might consult the statute without seeing the court decision.

Opponents pressed whether repeal would interfere with the 100-foot electioneering rule, which prohibits campaign materials or overt campaigning within 100 feet of a polling place. Assemblymember Jacobson and others asked whether volunteers or campaigns handing out labeled bottles or snacks could cause enforcement problems when items cross the 100-foot boundary. “I still have grave concerns over the 100-foot rule,” Jacobson said, urging clearer statutory guidance or training for election inspectors.

The sponsor and other proponents said repeal does not alter existing electioneering prohibitions and that election inspectors already remove visible campaign materials or ask voters to conceal them. “This legislation doesn't promote electioneering where it's prohibited now,” Assemblymember Walsh said after questioning the sponsor.

Members from both parties described prior incidents and enforcement practices; the sponsor acknowledged the provision had been enforced infrequently but pointed to the court ruling as the reason to remove the statute from the books.

The Assembly recorded the final vote as Ayes 91, Nays 46. Sponsors said the act would take effect immediately.

The bill’s text and debate repeatedly referenced the 100-foot rule and existing election-law sections that remain in force governing electioneering and conduct at polling places; proponents and opponents agreed enforcement and inspector training are the practical mechanisms to address boundary violations.

Votes at a glance: Assembly bill (calendar 70) — repeal of Election Law section 17-140; outcome: passed, Ayes 91, Nays 46.