NY State Senate Bill 2013-S6620

Senate Bill S6620

2013-2014 Legislative Session

Relates to completing and filing watcher certificates and the form and manner of challenges of voter qualifications

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2014	referred to rules

2013-S6620 (ACTIVE) - Details

See Assembly Version of this Bill:: A8770
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd El L, generally

2013-S6620 (ACTIVE) - Summary

Relates to completing and filing watcher certificates and the form and manner of challenges of voter qualifications; makes it a misdemeanor to wilfully lose, alter, destroy or mutilate a challenge report.

2013-S6620 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6620

TITLE OF BILL:  An act to amend the election law, in relation to
completing and filing watcher certificates and the form and manner of
challenges of voter qualifications

PURPOSE: This act would require persons who challenge the
qualifications of voters on election day to comply with the same rules
and procedures as those persons who challenge the qualifications of
registration applicants and persons registered prior to election day.
Additionally, this act would require any non-board of elections
mailings that are utilized to challenge the qualifications of a voter
to be filed with the board of elections.  Lastly, this act would
clarify what type of conduct constitutes voter intimidation.

SUMMARY OF PROVISIONS: Section one amends 4-117 of the election law to
require a copy of any non-board of elections mailing, used as a basis
to challenge the qualifications of a voter on election day, to be
filed with the board of elections and require the sender and/or
purchaser of such mailing to file a form with the board of elections.

Section two amends 8-500 of the election law to require the state
board of elections to prescribe a poll watcher certificate form. Such
certificate shall be given to an election inspector at the applicable
polling site.

Section three amends 8-502 of the election law to require any person,
other than an inspector, to execute and deliver a challenge affidavit
prior to challenging the qualifications of a voter on election day.

Section four adds a new section, 8-503, to the election law to require
the state board of elections prescribe the content and form of an
election day challenge affidavit.

Section five amends 8-508 of the election law to require the challenge
report to include not only the name of the voter challenged, but to
include the name of the person who challenged such voter, if such
person is not an election inspector.

Section six amends 8-510 of the election law to include each watcher
certificate and challenge affidavit inside the ledger of registration
records or computer generated registration lists.

Section seven amends 17-100 of the election law to add the terms
intimidate or practices intimidation.

Section eight amends section 17-108 of the election law to include
watcher certificates, challenge reports and challenge affidavits.

Section nine amends section 17-150 of the election law to create a
presumption that a person is guilty of intimidating voters, when such
person challenges the qualifications of at least ten voters during an
election, that are subsequently investigated by the board of elections
and found by the board of elections to be qualified to vote, when such
voters were challenged.

Section ten contains the effective date.


JUSTIFICATION: During the 2012 presidential election and 2013 primary
and general elections, the Office of the Attorney General operated an
Election Day hotline to protect minority-language speakers, people
with disabilities and other persons' ability to vote. The hotline was
staffed with lawyers from the Attorney General's Civil Rights Bureau
who received and responded to numerous election-related complaints
from across the state.

Unfortunately, the Attorney General received several reports of
baseless challenges to voter-eligibility at two predominantly
African-American polling sites and other unwarranted challenges
throughout New York. These baseless challenges not only intimidate
many New Yorkers seeking to exercise their Constitutionally-protected
right to vote, but also subject those challenged to harassment.
Voters whose right to cast a ballot is challenged are required to
recite an oath affirming their right to vote. The challenger on the
other hand, has no such obligation. In fact, the challenger is not
required to do anything at all.

The Voter Intimidation Prevention Act ("Act") seeks to correct this
imbalance. Those who challenge registered voters will be required to
state the actual basis of their challenge and affirm their right to
challenge such voter. Incredibly, these requirements are already law
in New York when an applicant, seeking to register to vote, is
challenged. However, no such protections exists at the polls on
Election Day.

This inconsistency in the Election law must be changed.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act will take effect one year after it shall
become law.

2013-S6620 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6620

                            I N  S E N A T E

                            February 14, 2014
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Attorney General)
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules

AN  ACT  to amend the election law, in relation to completing and filing
  watcher certificates and the form and manner of  challenges  of  voter
  qualifications

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 4-117 of the election law is amended  by  adding  a
new subdivision 4 to read as follows:
  4.  ANY PERSON, OTHER THAN AN ELECTION OFFICER, WHO MAILS OR CAUSES TO
BE MAILED, BETWEEN AUGUST FIRST AND DECEMBER THIRTY-FIRST OF ANY  CALEN-
DAR  YEAR,  ANY FIRST CLASS NONFORWARDABLE MAIL, WHERE SUCH PERSON KNOWS
OR REASONABLY SHOULD KNOW THAT SUCH NONFORWARDABLE MAIL: (A) IS INTENDED
TO BE DELIVERED TO A REGISTERED VOTER OR VOTER  REGISTRATION  APPLICANT;
AND  (B) MAY BE USED BY A CHALLENGER, OTHER THAN AN ELECTION OFFICER, ON
ELECTION DAY TO CHALLENGE THE QUALIFICATIONS  OF  A  VOTER,  SHALL  FILE
WITHIN  TWO  BUSINESS  DAYS  OF  SUCH  MAILING, A DUPLICATE COPY OF SUCH
NONFORWARDABLE MAIL, A DUPLICATE COPY OF NAMES AND  ADDRESSES  TO  WHICH
SUCH  NONFORWARDABLE  MAIL  WAS SENT, AND A COMPLETED FORM PRESCRIBED BY
THE STATE BOARD OF ELECTIONS. THE FAILURE TO COMPLY WITH THE  PROVISIONS
OF THIS SUBDIVISION SHALL BE PUNISHABLE AS A MISDEMEANOR.
  S  2. Subdivision 1-a of section 8-104 of the election law, as amended
by chapter 164 of the laws of 2010, is amended to read as follows:
  1-a. The election inspectors shall conspicuously post in  the  polling
place  before  the  opening  of  the polls, a voter information posting,
which shall include: (a) the sample ballot and instructions for the  use
of  ballot  scanners  and  ballot  marking  devices required pursuant to
section 7-118 of this chapter; (b) a statement that "today  is  election
day"  and  the  hours  during  which  polling  places  will be open; (c)
instructions on how to cast an affidavit ballot and a concise  statement
of  a  voter's  right  to  such  a  ballot; (d) instructions relating to
requirements for voting on ballot scanners by those registrants who must
provide identification pursuant to the federal Help America Vote Act  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD08789-09-3

S. 6620                             2

2002;  (e)  instructions  for  first-time  voters; (f) a voter's bill of
rights describing voter's rights under applicable federal and state law,
including the right of accessibility and alternate language  accessibil-
ity;  (g) information pertaining to voting by election day paper ballot,
including information about the  consequence  of  casting  an  overvote,
steps  to  prevent  unintentional  undervoting  and spoiled ballots; (h)
instructions on how to contact the appropriate officials  if  a  voter's
right to vote or right to otherwise participate in the electoral process
has  been  violated;  [and] (i) general information on federal and state
laws regarding prohibitions on acts of fraud and misrepresentation;  AND
(J) INFORMATION ABOUT THE REQUIREMENTS OF A CHALLENGE ON ELECTION DAY AS
PROVIDED  IN  SUBDIVISION  THREE  OF SECTION 8-502 OF THIS ARTICLE.  The
state board of elections shall prescribe the form  and  content  of  the
voter  information posting, which may be comprised of one or more pages,
provided each page shall  be  posted  separately.  The  state  board  of
elections  shall prescribe an official version of such voter information
posting for every language which appears  on  any  general,  primary  or
special  election  ballot  in any election district in the state and for
such other languages as such board, in its opinion, determines is appro-
priate. Such posting shall be used in all jurisdictions, and a  separate
posting shall be made by election inspectors for each language appearing
on  the  ballot  and  for  such  additional  languages  as  the board of
elections may require. A board of elections may modify or supplement the
voter information posting used in its jurisdiction to provide additional
or local  information;  provided,  however,  any  such  modification  or
supplementation  shall  be submitted to the state board of elections for
prior approval.
  S 3. Section 8-500 of the election law, as amended by chapter 9 of the
laws of 1978, subdivisions 1 and 3 as amended by chapter 373 of the laws
of 1978, is amended to read as follows:
  S 8-500. Watchers; provision for. 1. At any general, special, town  or
village  election,  any party committee or independent body whose candi-
dates are upon the ballot, and at any primary election, any two or  more
candidates  and  any  political  committee  may  have  for each election
district three watchers at any one time, not more than one of  whom  may
be within the guard rail at any one time. Watchers shall be appointed by
the  [chairman] CHAIRPERSON OR SECRETARY of any such party, committee or
independent body or by the candidates.
  2. Watchers may be present at  the  polling  place  at  least  fifteen
minutes  before  the  unlocking and examination of any voting machine or
ballot box at the opening of the polls, until after the signing  of  the
inspectors'  returns  and proclamation of the result; PROVIDED, HOWEVER,
THAT UPON ENTERING ANY POLLING  PLACE,  EACH  WATCHER  SHALL  DELIVER  A
COMPLETED  CERTIFICATE,  ISSUED  PURSUANT  TO  SUBDIVISION THREE OF THIS
SECTION, TO THE APPOINTED OR  DESIGNATED  CHAIRPERSON  OF  THE  ELECTION
INSPECTORS,  AS  PROVIDED  FOR IN SECTION 3-400 OF THIS CHAPTER, AT EACH
ELECTION DISTRICT WHERE SUCH WATCHER  IS  PERMITTED  TO  SERVE  BY  SUCH
CERTIFICATE.
  2-A.   THE APPOINTED OR DESIGNATED CHAIRPERSON OF THE ELECTION INSPEC-
TORS, AS PROVIDED FOR IN SECTION 3-400 OF THIS  CHAPTER,  SHALL  INITIAL
EACH  WATCHER  CERTIFICATE UPON DELIVERY.   AT THE CLOSE OF AN ELECTION,
THE INSPECTORS SHALL PLACE EACH WATCHER CERTIFICATE INSIDE THE LEDGER OF
REGISTRATION  RECORDS  OR  COMPUTER  GENERATED  REGISTRATION  LIST,   AS
PROVIDED FOR IN SECTION 8-510 OF THIS TITLE.
  3.  The appointment of watchers for any election shall be by a certif-
icate in writing issued by the [chairman] CHAIRPERSON  or  secretary  of

S. 6620                             3

the  political party, PARTY COMMITTEE or independent body, or the candi-
dates. [Such certificate shall be  delivered  to  an  inspector  at  the
election  district.]  THE  STATE  BOARD OF ELECTIONS SHALL PRESCRIBE THE
CONTENT  AND  FORM  OF  WATCHER  CERTIFICATES  FOR  USE  AT ANY GENERAL,
SPECIAL, TOWN OR VILLAGE ELECTION AND AT  ANY  PRIMARY  ELECTION.    THE
INFORMATION  PROVIDED  ON  SUCH  CERTIFICATE  SHALL  INCLUDE, BUT NOT BE
LIMITED TO, THE WATCHER'S FIRST AND LAST NAME, THE WATCHER'S RESIDENTIAL
ADDRESS, THE FIRST AND LAST NAME OF THE CHAIRPERSON OR SECRETARY OF  THE
POLITICAL  PARTY,  COMMITTEE OR INDEPENDENT BODY, OR THE CANDIDATES THAT
ISSUED SUCH CERTIFICATE, THE SIGNATURE OF SUCH CHAIRPERSON OR  SECRETARY
OF  THE  POLITICAL PARTY, COMMITTEE OR INDEPENDENT BODY, AND THE TOWN OR
CITY, WARD (IF APPLICABLE) AND ELECTION DISTRICT FOR WHICH  THE  WATCHER
CERTIFICATE WAS ISSUED.
  4.  Each  watcher  must  be a qualified voter of the city or county in
which he OR SHE is to serve.
  S 4. Section 8-502 of the election law, as amended by chapter  373  of
the laws of 1978, is amended to read as follows:
  S  8-502.  Challenges; generally. 1. Before his OR HER vote is cast at
an election any person may, IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
SECTION,  be  challenged  as  to his OR HER right to vote, or his OR HER
right to vote by absentee, military, special federal or  special  presi-
dential  ballot. Such challenge may be made by an inspector or clerk, by
any duly appointed watcher, or by any registered voter properly  in  the
polling place.
  2. An inspector shall challenge every person offering to vote, whom he
OR  SHE  shall  know or suspect is not entitled to vote in the district,
and every person whose name appears on the list of persons to  be  chal-
lenged on election day which is furnished by the board of elections.
  3.  ANY  PERSON,  OTHER  THAN AN INSPECTOR OR CLERK, MAY CHALLENGE THE
QUALIFICATIONS OF A VOTER ONLY BY COMPLETING, EXECUTING  AND  DELIVERING
TO  THE  BOARD  OF  INSPECTORS  A CHALLENGE AFFIDAVIT THAT SATISFIES THE
REQUIREMENTS OF SECTION 8-503 OF THIS TITLE.
  S 5. The election law is amended by adding a new section 8-503 to read
as follows:
  S 8-503. CHALLENGE AFFIDAVIT. 1. THE STATE BOARD  OF  ELECTIONS  SHALL
PRESCRIBE  THE  CONTENT AND FORM OF A CHALLENGE AFFIDAVIT FOR USE AT ANY
GENERAL, SPECIAL, TOWN OR VILLAGE ELECTION AND AT ANY PRIMARY  ELECTION.
SUCH  AFFIDAVIT  SHALL  CONTAIN  THE AFFIANT'S FULL NAME, RESIDENCE, AND
BUSINESS ADDRESS, THE NAME OF HIS  OR  HER  EMPLOYER,  THE  REGISTRATION
SERIAL  NUMBER OF THE PERSON CHALLENGED AND A RECITAL OF THE REASONS AND
THE FACTS SUPPORTING THE AFFIANT'S BELIEF  THAT  THE  PERSON  CHALLENGED
LACKS ONE OR MORE OF THE QUALIFICATIONS FOR VOTING PRESCRIBED IN SECTION
5-102  OR  5-106  OF  THIS  CHAPTER AND SPECIFIED IN SUCH AFFIDAVIT. THE
AFFIDAVIT SHALL STATE IF THE REASONS FOR CHALLENGE ARE  BASED  UPON  THE
AFFIANT'S  PERSONAL KNOWLEDGE, OR UPON INFORMATION RECEIVED FROM ANOTHER
PERSON. IF THE AFFIANT'S BELIEF IS BASED UPON INFORMATION  FURNISHED  BY
ANOTHER,  THE  AFFIDAVIT  SHALL RECITE THE NAME OF THE PERSON FURNISHING
THE INFORMATION AND THE BASIS FOR HIS  OR  HER  INFORMATION.  AFTER  THE
AFFIANT HAS SIGNED SUCH AFFIDAVIT, AN INSPECTOR SHALL READ TO HIM OR HER
AND  REQUEST  HIM  OR  HER  TO  SIGN  THE FOLLOWING OATH, WHICH SHALL BE
SUBSCRIBED BY SUCH AFFIANT:  "I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I  AM
A  QUALIFIED  VOTER  OF  THE  CITY  OR COUNTY IN WHICH THIS AFFIDAVIT IS
SIGNED AND THAT THE FOREGOING STATEMENT MADE BY ME ON (INSERT DAY, MONTH
AND YEAR) IS A TRUTHFUL DISCLOSURE OF THE REASONS FOR MY BELIEF THAT THE
REGISTERED VOTER THEREIN NAMED IS NOT QUALIFIED TO CONTINUE TO  VOTE  IN
THE  ELECTION  DISTRICT  IN  WHICH  HE OR SHE IS NOW REGISTERED." IF THE

S. 6620                             4

AFFIANT SHALL TAKE AND SIGN SUCH OATH, AN INSPECTOR SHALL  SIGN  HIS  OR
HER  NAME  AS  A  WITNESS BELOW THE AFFIANT'S SUBSCRIPTION TO SUCH OATH.
EACH CHALLENGE AFFIDAVIT MAY ONLY CHALLENGE THE  QUALIFICATIONS  OF  ONE
VOTER.
  2.  THE BOARD OF ELECTIONS SHALL MAKE CHALLENGE AFFIDAVIT FORMS AVAIL-
ABLE TO ALL QUALIFIED VOTERS.
  S 6. Paragraphs (b) and (e) of subdivision 2 of section 8-508  of  the
election law, as amended by chapter 200 of the laws of 1996, are amended
to read as follows:
  (b)  The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial  number
of  each  person who is challenged on the day of election, together with
the reason for the challenge, THE NAME AND ADDRESS OF THE  PERSON  CHAL-
LENGING THE QUALIFICATIONS OF SUCH VOTER, IF SUCH PERSON CHALLENGING THE
QUALIFICATIONS IS NOT AN INSPECTOR OR CLERK, AND THE WORDS "PERMITTED TO
VOTE" OR "REFUSED TO TAKE OATH".  If no voters are challenged, the board
of  inspectors  shall  enter  the words "No Challenges" across the space
reserved for such names. In lieu of preparing section two of  the  chal-
lenge  report,  the  board of elections may provide, next to the name of
each voter on the computer generated registration list, a place for  the
inspectors  of election to record the information required to be entered
in such section two, or provide at the end of  such  computer  generated
registration  list, a place for the inspectors of election to enter such
information.
  (e) At the foot of such report and at the end  of  any  such  computer
generated  registration  list  shall  be printed a certificate that such
report contains the names of all persons who were challenged on the  day
of  election, and [that each voter so reported as having been challenged
took the oaths as required] THE REASON FOR SUCH CHALLENGE AND THE  NAMES
AND  ADDRESSES OF ALL CHALLENGERS WHO ARE NOT INSPECTORS OR CLERKS, that
such report contains the names of all voters to whom such board gave  or
allowed assistance and lists the nature of the disability which required
such  assistance  to  be given and the names and family relationship, if
any, to the voter of the persons by whom such assistance  was  rendered;
that  each such assisted voter informed such board under oath that he OR
SHE required such assistance and that each person rendering such assist-
ance took the required oath; that such report contains the names of  all
voters  who  were  permitted  to  vote  although their registration poll
records were missing; that the entries made by such board are a true and
accurate record of its proceedings with respect to the persons named  in
such report.
  S 7. Subdivision 3 of section 8-510 of the election law, as amended by
chapter 43 of the laws of 1988, is amended to read as follows:
  3.  The  inspectors  shall place such completed report, EACH CHALLENGE
AFFIDAVIT, EACH WATCHER  CERTIFICATE  and  each  court  order,  if  any,
directing  that a person be permitted to vote, inside a ledger of regis-
tration records or computer generated  registration  lists  between  the
front  cover, and the first registration record and then shall close and
seal each ledger of registration records or computer generated registra-
tion lists, affix their signature to the seal, lock such ledger  in  the
carrying  case  furnished  for  that  purpose  and enclose the keys in a
sealed package or seal such list  in  the  envelope  provided  for  that
purpose.
  S  8.  Subdivisions  1 and 2 of section 17-108 of the election law, as
amended by chapter 373 of the laws of  1978,  are  amended  to  read  as
follows:

S. 6620                             5

  1.  Any  person  who  wilfully  loses, alters, destroys or mutilates A
WATCHER CERTIFICATE, the list of voters or registration poll ledgers , A
CHALLENGE AFFIDAVIT, OR A CHALLENGE REPORT in any election district,  or
a certified copy thereof, is guilty of a misdemeanor.
  2.  An applicant for registration who shall make, incorporate or cause
to be incorporated a material false  statement  in  an  application  for
registration,  or  in  any  challenge or other affidavit required for or
made or filed in connection with registration or voting, and any  person
who  knowingly  takes  a  false  oath  before  a  board of inspectors of
election, and any person who makes  a  material  false  statement  in  a
medical  certificate,  CHALLENGE  AFFIDAVIT  or  an  affidavit  filed in
connection with an application for registration, is guilty of  a  misde-
meanor.
  S 9. Section 17-150 of the election law is amended to read as follows:
  S  17-150.  Duress and intimidation of voters. 1. Any person or corpo-
ration who directly or indirectly:
  [1.] (A) Uses or threatens to use any force, violence or restraint, or
inflicts or threatens to inflict any injury, damage, harm or loss, or in
any other manner practices intimidation upon or against  any  person  in
order to induce or compel such person to vote or refrain from voting for
or  against  any  particular  person  or  for or against any proposition
submitted to voters at such election, or to place or cause to be  placed
or  refrain  from placing or causing to be placed his OR HER name upon a
registry of voters, or  on  account  of  such  person  having  voted  or
refrained  from  voting  at  such election, or having voted or refrained
from voting for or against any particular person or persons, or  for  or
against  any proposition submitted to voters at such election, or having
registered or refrained from registering as a voter; or,
  [2.] (B) By abduction, duress or any forcible or fraudulent device  or
contrivance  whatever impedes, prevents or otherwise interferes with the
free exercise of the  elective  franchise  by  any  voter,  or  compels,
induces or prevails upon any voter to give or refrain from giving his OR
HER vote for or against any particular person at any election; or,
  [3.]  (C)  Being an employer pays his [employess] OR HER EMPLOYEES the
salary or wages due in "pay envelopes," in which there  is  enclosed  or
upon  which there is written or printed political motto, device or argu-
ment containing threats, express or implied, intended or  calculated  to
influence the political opinions or actions of such employees, or within
ninety  days  of  a  general  election puts or otherwise exhibits in the
establishment or place where his OR HER employees are engaged in  labor,
any  handbill  or  placard containing any threat, notice or information,
that if any particular ticket or candidate is elected or defeated,  work
in  his  OR  HER place or establishment will cease, in whole or in part,
his OR HER establishment will be closed up, or the wages of his  OR  HER
employees  reduced,  or  other  threats, express or implied, intended or
calculated to influence the political opinions or actions of his OR  HER
employees,  is  guilty of a misdemeanor, and, if a corporation, shall in
addition forfeit its charter.
  2. IT SHALL BE PRESUMPTIVE EVIDENCE THAT A PERSON HAS PRACTICED INTIM-
IDATION UPON OR AGAINST ANOTHER PERSON IN ORDER  TO  INDUCE  SUCH  OTHER
PERSON  TO  REFRAIN  FROM VOTING FOR OR AGAINST ANY PARTICULAR PERSON OR
FOR OR AGAINST ANY PROPOSITION, WITHIN THE MEANING OF PARAGRAPH  (A)  OF
SUBDIVISION ONE OF THIS SECTION, WHERE HE OR SHE:
  (A)  BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE QUALIFICA-
TIONS OF MORE THAN TEN VOTERS DURING AN ELECTION, AND WHERE THE BOARD OF
ELECTIONS, FOLLOWING AN  INVESTIGATION  PURSUANT  TO  PARAGRAPH  (F)  OF

S. 6620                             6

SUBDIVISION  TWO OF SECTION 8-508 OF THIS CHAPTER, FINDS AT LEAST TEN OF
SUCH CHALLENGED VOTERS TO BE QUALIFIED VOTERS; OR
  (B)  BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE QUALIFICA-
TIONS OF A VOTER AT ANY  GENERAL,  PRIMARY,  SPECIAL,  TOWN  OR  VILLAGE
ELECTION  AND  THEREAFTER,  WITHOUT GOOD CAUSE, FAILS TO COMPLY WITH THE
REQUIREMENTS OF SECTION 8-503 OF THIS CHAPTER.
  S 10. Subdivision 1 of section 17-154 of the election law  is  amended
to read as follows:
  1.  (A)  Intimidate,  threaten or coerce, or to attempt to intimidate,
threaten or coerce, any other person for the purpose of interfering with
the right of such other person to vote or to vote as he may  choose,  or
for the purpose of causing such other person to vote for, or not to vote
for,  any  candidate  for  the  office of governor, lieutenant-governor,
attorney-general, comptroller, judge of any court, member of the senate,
or member of the assembly at any election held solely or in part for the
purpose of selecting a governor, lieutenant-governor,  attorney-general,
comptroller,  any judge or any member of the senate or any member of the
assembly; [or,]
  (B) IT SHALL BE PRESUMPTIVE EVIDENCE THAT A PERSON HAS VIOLATED  PARA-
GRAPH  (A)  OF  THIS SUBDIVISION WHEN, DURING ANY ELECTION ENUMERATED IN
SUCH SUBDIVISION, HE OR SHE:
  (I) BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE  QUALIFICA-
TIONS  OF MORE THAN TEN VOTERS DURING SUCH ELECTION, AND WHERE THE BOARD
OF ELECTIONS, FOLLOWING AN INVESTIGATION PURSUANT TO  PARAGRAPH  (F)  OF
SUBDIVISION  TWO OF SECTION 8-508 OF THIS CHAPTER, FINDS AT LEAST TEN OF
SUCH CHALLENGED VOTERS TO BE QUALIFIED VOTERS; OR
  (II) BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE QUALIFICA-
TIONS OF A VOTER AT ANY SUCH ELECTION  AND  FAILS  TO  COMPLY  WITH  THE
REQUIREMENTS OF SECTION 8-503 OF THIS CHAPTER; OR
  S 11. This act shall take effect one year after it shall have become a
law.

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