S T A T E O F N E W Y O R K
________________________________________________________________________
9250
2009-2010 Regular Sessions
I N A S S E M B L Y
November 9, 2009
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Introduced by M. of A. KAVANAGH, LATIMER, WRIGHT, P. RIVERA, DINOWITZ,
BROOK-KRASNY, LIFTON, PERRY, MILLMAN, GALEF, CLARK, GORDON, O'DONNELL,
ROSENTHAL, ALFANO -- Multi-Sponsored by -- M. of A. BARRA, BOYLAND,
BRENNAN, CRESPO, GUNTHER, HEASTIE, LANCMAN, MAYERSOHN, MOLINARO,
PEOPLES-STOKES, PHEFFER, REILLY, ROBINSON, TITONE, TOWNS, WEISENBERG
-- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to prohibiting the
suppression of voters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "deceptive
practices and voter suppression prevention act".
S 2. The election law is amended by adding a new section 17-151 to
read as follows:
S 17-151. DECEPTIVE PRACTICES. 1. ANY PERSON, POLITICAL COMMITTEE,
LABOR ORGANIZATION, CORPORATION, OR OTHER ENTITY, WHETHER ACTING UNDER
COLOR OF LAW OR OTHERWISE, WHO, WITHIN SIXTY DAYS BEFORE AN ELECTION,
COMMUNICATES OR CAUSES TO BE COMMUNICATED DECEPTIVE INFORMATION, OR
PRODUCES OR CAUSES TO BE PRODUCED DECEPTIVE INFORMATION WITH THE INTENT
THAT SUCH INFORMATION BE COMMUNICATED, AND KNOWS SUCH INFORMATION TO BE
FALSE AND, IN ACTING IN THE MANNER DESCRIBED, HAS THE INTENT TO PREVENT
OR DISSUADE ANOTHER PERSON FROM EXERCISING THE RIGHT TO VOTE IN ANY
ELECTION, SHALL BE GUILTY OF A MISDEMEANOR. FOR PURPOSES OF THIS
SECTION, THE TERM "DECEPTIVE INFORMATION" SHALL MEAN FALSE INFORMATION
REGARDING: (A) THE TIME, PLACE, OR MANNER OF ANY ELECTION; (B) THE QUAL-
IFICATIONS FOR OR RESTRICTIONS ON VOTER ELIGIBILITY FOR ANY ELECTION,
INCLUDING ANY CRIMINAL PENALTIES ASSOCIATED WITH VOTING IN ANY SUCH
ELECTION BY INELIGIBLE VOTERS OR INFORMATION REGARDING A VOTER'S REGIS-
TRATION STATUS OR ELIGIBILITY; (C) THE POLITICAL PARTY AFFILIATION OF
ANY CANDIDATE RUNNING IN A CLOSED PRIMARY ELECTION; OR (D) THE EXPLICIT
ENDORSEMENT BY ANY PERSON OR ORGANIZATION OF A CANDIDATE RUNNING FOR ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09472-04-9
A. 9250 2
OFFICE. FOR PURPOSES OF THIS SECTION, THE TERM "ELECTION" MEANS ANY
ELECTION ADMINISTERED BY THE STATE OR CITY OF NEW YORK BOARDS OF
ELECTIONS, OR ANY COUNTY BOARD OF ELECTIONS, INCLUDING ANY GENERAL,
PRIMARY, RUN-OFF, OR SPECIAL ELECTION FOR ANY STATE OR LOCAL OFFICE OR
BALLOT PROPOSITION. FOR PURPOSES OF THIS SECTION, A COMMUNICATION SHALL
BE BY WRITTEN, ELECTRONIC, TELEPHONIC OR OTHER MEANS.
2. ANY PERSON AGGRIEVED BY A VIOLATION OF SUBDIVISION ONE OF THIS
SECTION MAY INSTITUTE A CIVIL ACTION OR OTHER PROPER PROCEEDING FOR
PREVENTATIVE RELIEF, INCLUDING AN APPLICATION IN NEW YORK STATE SUPREME
COURT FOR A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER,
DECLARATORY JUDGMENT, OR OTHER ORDER.
3. (A) ANY PERSON WHO ATTEMPTS TO COMMIT AN OFFENSE DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION SHALL BE SUBJECT TO THE SAME PENALTIES
AS THOSE PRESCRIBED FOR THE OFFENSE THAT THE PERSON ATTEMPTED TO COMMIT.
(B) IF TWO OR MORE PERSONS CONSPIRE TO COMMIT AN OFFENSE DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION, AND ONE OR MORE OF SUCH PERSONS DO ANY
ACT TO EFFECT THE OBJECT OF THE CONSPIRACY, EACH PERSON SHALL BE GUILTY
OF VIOLATING SECTION 17-152 OF THIS ARTICLE.
4. ANY PERSON MAY REPORT TO THE NEW YORK STATE ATTORNEY GENERAL A
VIOLATION OF SUBDIVISION ONE OF THIS SECTION. IMMEDIATELY AFTER RECEIV-
ING SUCH A REPORT, THE ATTORNEY GENERAL SHALL CONSIDER AND REVIEW SUCH
REPORT AND, IF THE ATTORNEY GENERAL DETERMINES THAT THERE IS A REASON-
ABLE BASIS TO FIND THAT DECEPTIVE INFORMATION HAS BEEN COMMUNICATED,
CAUSED TO BE COMMUNICATED, PRODUCED, OR CAUSED TO BE PRODUCED WITH THE
INTENT THAT IT BE COMMUNICATED, THE ATTORNEY GENERAL SHALL UNDERTAKE ALL
EFFECTIVE MEASURES NECESSARY TO PROVIDE CORRECT INFORMATION TO VOTERS
AFFECTED BY THE FALSE INFORMATION AND TO PROSECUTE THE OFFENDERS OF THIS
SECTION.
S 3. The election law is amended by adding a new section 17-153 to
read as follows:
S 17-153. SUPPRESSION OF VOTERS. 1. ANY PERSON, POLITICAL COMMITTEE,
LABOR ORGANIZATION, CORPORATION, OR OTHER ENTITY WHO DIRECTLY OR INDI-
RECTLY SUPPRESSES OR THREATENS TO SUPPRESS ANY PERSON FOR THE PURPOSE OF
INTERFERING WITH THE RIGHT OF SUCH PERSON TO LAWFULLY EXERCISE THEIR
FRANCHISE, OR IN ANY OTHER MANNER PRACTICES SUPPRESSION UPON OR AGAINST
A PERSON IN ORDER TO INDUCE OR COMPEL SUCH PERSON TO VOTE OR REFRAIN
FROM VOTING FOR OR AGAINST A PARTICULAR CANDIDATE FOR PUBLIC OFFICE OR
PARTICULAR BALLOT PROPOSITION SHALL BE GUILTY OF A MISDEMEANOR. FOR
PURPOSES OF THIS SECTION, THE TERM "SUPPRESS" SHALL MEAN TO USE FORCE,
AUTHORITY OR AN ABUSE OF POWER TO PREVENT, SUBDUE OR COMPEL ANOTHER INTO
ACTING AGAINST HIS OR HER OWN INTERESTS OR INTENTIONS, OR INTO NOT
ACTING AT ALL.
2. (A) ANY PERSON, POLITICAL COMMITTEE, LABOR ORGANIZATION, OR CORPO-
RATION WHO ATTEMPTS TO COMMIT AN OFFENSE DESCRIBED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE SUBJECT TO THE SAME PENALTIES AS THOSE PRESCRIBED
FOR THE OFFENSE THAT THE PERSON ATTEMPTED TO COMMIT.
(B) IF TWO OR MORE PERSONS CONSPIRE TO COMMIT AN OFFENSE DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION, AND ONE OR MORE OF SUCH PERSONS DO ANY
ACT TO EFFECT THE OBJECT OF THE CONSPIRACY, EACH PERSON SHALL BE GUILTY
OF VIOLATING SECTION 17-152 OF THIS ARTICLE.
S 4. Section 17-166 of the election law is amended to read as follows:
S 17-166. Penalty. Any person convicted of a misdemeanor under this
article shall BE CONVICTED OF A CLASS A MISDEMEANOR for a first offense
[be punished] PUNISHABLE by A SENTENCE OF imprisonment for [not more
than] UP TO one year, or by a fine of not less than one hundred dollars
nor more than five hundred dollars, or by both such fine and imprison-
A. 9250 3
ment. Any person who, having been convicted of a misdemeanor under this
article, shall thereafter be convicted of another misdemeanor under this
article, shall be guilty of a CLASS D felony, AND FOR ANY SUBSEQUENT
MISDEMEANOR OFFENSE UNDER THIS ARTICLE, A CLASS B FELONY.
ANY PERSON CONVICTED OF A FELONY UNDER THIS ARTICLE SHALL BE CONVICTED
OF A CLASS D FELONY FOR A FIRST OFFENSE AND FOR ANY SUBSEQUENT FELONY
OFFENSE UNDER THIS ARTICLE, A CLASS B FELONY.
S 5. This act shall take effect immediately.