senate Bill S2554B

2009-2010 Legislative Session

Prohibits deceptive practices and the suppression of voters, and increases penalties for violations of the elective franchise

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2010 referred to election law
delivered to assembly
passed senate
Jun 10, 2010 advanced to third reading
Jun 09, 2010 2nd report cal.
Jun 08, 2010 1st report cal.824
May 19, 2010 print number 2554b
May 19, 2010 amend and recommit to codes
Feb 02, 2010 reported and committed to codes
Jan 06, 2010 referred to elections
Jun 11, 2009 print number 2554a
Jun 11, 2009 amend and recommit to elections
Feb 23, 2009 referred to elections

Votes

view votes

Jun 8, 2010 - Codes committee Vote

S2554B
9
5
committee
9
Aye
5
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jun 8, 2010

aye wr (2)

Feb 2, 2010 - Elections committee Vote

S2554A
4
2
committee
4
Aye
2
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 2, 2010

nay (2)
excused (1)

Co-Sponsors

view additional co-sponsors

S2554 - Details

See Assembly Version of this Bill:
A9250
Law Section:
Election Law
Laws Affected:
Add §§17-151 & 17-153, amd §17-166, El L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1009, A5915
2013-2014: S676, A2627
2015-2016: S2352, A5841
2017-2018: S2952, A3122
2019-2020: S5758, A7972

S2554 - Summary

Makes the suppression of voters a civil violation.

S2554 - Sponsor Memo

S2554 - Bill Text download pdf

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

                                  2554

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by  Sens. STEWART-COUSINS, BRESLIN, DIAZ, DUANE, C. JOHNSON,
  MONTGOMERY, ONORATO, STACHOWSKI, STAVISKY -- read  twice  and  ordered
  printed,  and  when  printed  to  be  committed  to  the  Committee on
  Elections

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. The election law is amended by adding a new section  17-153
to read as follows:
  S  17-153.  SUPPRESSION  OF  VOTERS.  ANY PERSON, POLITICAL COMMITTEE,
LABOR ORGANIZATION, UNION, OR CORPORATION  WHO  DIRECTLY  OR  INDIRECTLY
SUPPRESSES OR THREATENS TO SUPPRESS ANY PERSON FOR THE PURPOSE OF INTER-
FERING WITH THE RIGHT OF SUCH PERSON TO LAWFULLY EXERCISE THE 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 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  OR  SUBDUE
ANOTHER  INTO  ACTING AGAINST HIS OR HER OWN INTERESTS OR INTENTIONS, OR
INTO NOT ACTING AT ALL.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09472-01-9

Co-Sponsors

view additional co-sponsors

S2554A - Details

See Assembly Version of this Bill:
A9250
Law Section:
Election Law
Laws Affected:
Add §§17-151 & 17-153, amd §17-166, El L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1009, A5915
2013-2014: S676, A2627
2015-2016: S2352, A5841
2017-2018: S2952, A3122
2019-2020: S5758, A7972

S2554A - Summary

Makes the suppression of voters a civil violation.

S2554A - Sponsor Memo

S2554A - Bill Text download pdf

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

                                 2554--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by  Sens. STEWART-COUSINS, BRESLIN, DIAZ, DUANE, C. JOHNSON,
  MONTGOMERY, ONORATO, STACHOWSKI, STAVISKY -- read  twice  and  ordered
  printed,  and  when  printed  to  be  committed  to  the  Committee on
  Elections -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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
OFFICE.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "ELECTION" MEANS ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09472-03-9

Co-Sponsors

view additional co-sponsors

S2554B (ACTIVE) - Details

See Assembly Version of this Bill:
A9250
Law Section:
Election Law
Laws Affected:
Add §§17-151 & 17-153, amd §17-166, El L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1009, A5915
2013-2014: S676, A2627
2015-2016: S2352, A5841
2017-2018: S2952, A3122
2019-2020: S5758, A7972

S2554B (ACTIVE) - Summary

Makes the suppression of voters a civil violation.

S2554B (ACTIVE) - Sponsor Memo

S2554B (ACTIVE) - Bill Text download pdf

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

                                 2554--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  ADAMS,  ADDABBO, BRESLIN, DIAZ,
  DUANE, HASSELL-THOMPSON,  C. JOHNSON,  KRUEGER,  MONTGOMERY,  ONORATO,
  PERKINS,  SAMPSON,  STACHOWSKI,  STAVISKY  --  read  twice and ordered
  printed, and  when  printed  to  be  committed  to  the  Committee  on
  Elections  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Elections  in  accordance with Senate Rule 6, sec. 8 --
  reported favorably from said committee and committed to the  Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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 KNOWINGLY COMMUNICATES OR KNOWINGLY CAUS-
ES TO BE COMMUNICATED DECEPTIVE INFORMATION, KNOWING SUCH INFORMATION TO
BE  FALSE  AND,  IN  ACTING  IN THE MANNER DESCRIBED, PREVENTS OR DETERS
ANOTHER PERSON FROM EXERCISING THE RIGHT TO VOTE  IN  ANY  ELECTION,  IS
GUILTY OF A MISDEMEANOR.
  2.  THE  FOLLOWING  DEFINITIONS  ARE  APPLICABLE  TO THIS SECTION: (A)
"DECEPTIVE INFORMATION" MEANS FALSE INFORMATION REGARDING: (I) THE TIME,
PLACE, OR MANNER  OF  ANY  ELECTION;  (II)  THE  QUALIFICATIONS  FOR  OR
RESTRICTIONS ON VOTER ELIGIBILITY FOR ANY ELECTION, INCLUDING ANY PENAL-
TIES  ASSOCIATED  WITH  VOTING  BY  INELIGIBLE VOTERS; (III) INFORMATION
REGARDING A VOTER'S REGISTRATION STATUS  OR  ELIGIBILITY;  OR  (IV)  THE
POLITICAL PARTY AFFILIATION OF ANY CANDIDATE; AND
  (B) "ELECTION" AS USED IN THIS ARTICLE SHALL BE DEEMED TO APPLY TO AND
INCLUDE  ALL  ELECTIONS  ADMINISTERED  BY  THE STATE OR CITY OF NEW YORK

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