NEW YORK — New York Attorney General Leticia James took the unusual step of reminding voters that troops and federal agents are legally prohibited from policing polling places.
James made clear that U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and the Federal Bureau of Investigation (FBI) are not allowed at polling places by law.
Early voting started on Saturday across New York and runs through Sunday, Nov. 1. Election Day is Tuesday, Nov. 3.
"No eligible New Yorker should stay home on Election Day because of fear," James said in statement released on Tuesday. "I want New York voters to know the law is on their side. Armed federal agents are not allowed at polling places, and no one can use a badge, a weapon, or a threat to stop you from voting. Voting in New York is safe, and my office will make sure every eligible voter can cast their ballot and be heard."
The AG is reminding voters in New York that those protections are enshrined in both federal and state law.
Under federal law, it is a crime to order, bring, or keep troops or armed federal officers, including ICE, CBP, and FBI agents, at a poll site. Members of the U.S. armed forces may not use force, threats, or intimidation to stop anyone from voting, and government officials may not use their official authority to interfere with or influence a federal election, including the 2026 General Election. In addition, no person, including a government officer, may intimidate, threaten, or coerce anyone for voting or attempting to vote.
New York law adds another layer of protection. Under state law, local governments and their employees may not grant immigration enforcement officers access to a polling location for immigration enforcement purposes unless the officers present a valid judicial warrant or court order.
James outlined the legal protections against armed federal officers, intimidation and interference at New York polling sites.
Attempts to scare people away from the polls are a legally recognized form of voter intimidation. Spreading rumors that voting will lead to arrests, immigration enforcement, or other negative consequences can also violate federal and state law. Voters who hear claims like these should know that they are false and designed to keep them from voting, the AG said.
In New York no one at a poll site may demand to see a voter's identification or proof of citizenship, James said. New York voters are never required to show photo ID to vote. First-time voters who did not provide identification when registering may be asked for ID. This does not have to be a photo ID – it could also be a current utility bill, a bank statement, a paycheck, a government check, or another government document with their name and address. First-time voters without any of these documents can still cast an affidavit ballot, but will need to follow up with their local Board of Elections to confirm their ID at a later date, according to the AG.
Voters who need help because of a disability or because they have difficulty reading or writing English have specific protections. Those voters can bring someone to assist them. That person assisting the voter does not need to be a U.S. citizen, a registered voter, or an adult, and can help throughout the entire voting process, including inside the voting booth. James said the only exceptions are a voter's employer or union officer, or their agents.
Every voter's ballot is private. Election inspectors must keep everyone at least three feet away from a voter using a privacy booth, ballot scanner, or ballot marking device, and no one may ask a voter to show their completed ballot. Firearms are banned at polling places, and no one may campaign, display political signs, or urge a voter to vote a certain way within 100 feet of a polling place entrance.
Poll watchers can observe and report problems, but they cannot interfere with voters. A political party, independent body, candidate, or ballot proposal committee must appoint poll watchers in writing, and they must deliver the certificate to the election inspector. Each organization may have no more than three poll watchers per election district at a time, and only one may be inside the guard rail where election inspectors work.
James said that in New York, poll watchers may challenge a voter's eligibility in appropriate circumstances, but they may not:
A poll watcher who blocks voters from reaching the voting booths can be ordered to remain seated and removed if they refuse, the AG said.
Attorney General James noted that the U.S. Department of Justice (DOJ) has announced plans to send monitors to polling places during the November election and may send monitors to New York. The AG said this is a normal, expected process. Under the law, DOJ monitors may not demand identification, challenge voters, direct or interfere with poll workers, or campaign or otherwise engage in any political activity. DOJ monitors typically coordinate with local election officials regarding their deployments in advance, and poll workers who encounter someone identifying as a DOJ monitor without prior notice should contact their county election officials, according to the AG's Office.
Earlier this month, the Attorney General's Office issued an election advisory to election officials and law enforcement partners across the state outlining these protections.
Attorney General James urges anyone who experiences or witnesses voter intimidation, interference, or improper requests for identification to contact OAG's Election Protection Hotline at (866) 390-2992 or electionhotline.ag.ny.gov. Anyone who witnesses potentially dangerous conduct is asked to contact local law enforcement immediately.
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