Senate Bill S2554

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

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Date of Action	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

- Jun 15, 2010 - Floor Vote
  S2554
  
  Aye
  
  33
  
  Nay
  
  28
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 15, 2010
      
      aye (33)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (28)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Feb 2, 2010 - Elections Committee Vote
  S2554
  
  Aye
  
  4
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Elections Committee Vote: Feb 2, 2010
      
      aye (4)
      
      Addabbo Jr.
      
      Dilan
      
      Foley
      
      Serrano
      
      nay (2)
      
      Griffo
      
      Libous
      
      excused (1)
      
      Morahan
  Jun 8, 2010 - Codes Committee Vote
  S2554
  
  Aye
  
  9
  
  Nay
  
  5
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Jun 8, 2010
      
      aye (9)
      
      Breslin
      
      Duane
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (5)
      
      DeFrancisco
      
      Flanagan
      
      Golden
      
      Lanza
      
      Volker
      
      aye wr (2)
      
      Bonacic
      
      Saland

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2009-S2554 - Details

Current Committee:: Assembly Election Law
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
2013-2014: S676
2015-2016: S2352
2017-2018: S2952
2019-2020: S5758
2021-2022: S1032
2023-2024: S263
2025-2026: S1085

2009-S2554 - Summary

Makes the suppression of voters a civil violation.

2009-S2554 - Sponsor Memo

                                 BILL NUMBER:  S2554

 TITLE OF BILL :
An act to amend the election law, in relation to prohibiting the
suppression of voters


 PURPOSE :
This bill would create a new electoral crime of voter suppression,
punishable as a misdemeanor.

 SUMMARY OF PROVISIONS :
Section one amends article seventeen of the election law by adding a
new section 17-153, creating the crime of voter suppression and
providing penalties therefor.

 EXISTING LAW :
Article seventeen of the election law contains several statutes
addressing the issues of voter coercion and intimidation, however
there is no specific statute that deals with the actual suppression of
voters.

 JUSTIFICATION :
Unfortunately, even in the twenty first century voter suppression is
an all too real reality in this state. While sometimes it occurs
subtly, oftentimes the effort is much more pronounced and widespread.

Most recently, attempts to suppress the vote were documented in a
recent election in New York State. In that race, documented efforts to
suppress minority voters were captured by attorneys present in many of
the polling locations. Some of the suppressive actions reported
included an armed man with police shield escorting around alleged poll
watchers throughout various polling sites during voting hours;
repeated blanket challenges to minority voters at a particular polling
location; gluing down the lever for a candidate on a machine so that
no one could vote for that candidate; people blocking the entryways to
select polling sites in heavily populated minority areas; and a
widespread challenge to nearly 6,000 Democratic voters who allegedly
did not live where their voter registration information claimed they
did.

In light of the blanket challenge to the registration of several thou
sand voters prior to the election and reports from the prior election
for that office alleging widespread voter suppression, the federal
government, exercising their discretion pursuant to the federal Voting
Rights Act of 1965, sent federal monitors to the district to oversee
the election.

One reporter from the New York Times who personally witnessed some of
the suppression activities described the situation as "chaotic." In an
editorial printed two days following the election, the reporter stated
that "it appeared there were a dozen or more alleged poll watchers
milling about and challenging one voter after another, insisting that
their signatures did not match the ones in the registration books."
Clearly, such suppressive efforts were to slow down the lines to vote,
hoping people would leave and force people to vote on paper ballots,
which could later be subject to scrutiny and judicial review. This
legislation would fill an important void in the election law by
creating a new statute that would directly address and hold people
accountable for intentionally suppressing the vote.  While it is
unfortunate such a law is even needed, we as a citizenry must send a
message that actions such as what happened in the situation described
herein will no longer be tolerated and that from now on, under this
statute, those who seek to suppress the vote will be held criminally
accountable.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-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

2009-S2554A - Details

Current Committee:: Assembly Election Law
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
2013-2014: S676
2015-2016: S2352
2017-2018: S2952
2019-2020: S5758
2021-2022: S1032
2023-2024: S263
2025-2026: S1085

2009-S2554A - Summary

Makes the suppression of voters a civil violation.

2009-S2554A - Sponsor Memo

                                 BILL NUMBER:  S2554A

 TITLE OF BILL :
An act to amend the election law, in relation to prohibiting the
suppression of voters


 PURPOSE :
This bill would criminalize as a misdemeanor deceptive practices in
connection with any election. Additionally, this bill would create a
new electoral crime of voter suppression, punishable as a misdemeanor.
Finally, this bill would increase the penalties for violations of the
electoral franchise statutes contained in Article 17 of the election
law.

 SUMMARY OF PROVISIONS :
Section one amends Article 17 of the election law by adding a new
section 17-151, making it clear that it is a crime to communicate or
produce, or cause to be communicated or produced, deceptive
information intended to prevent voters from exercising the right to
vote and providing penalties therefore.

Section two amends Article 17 of the election law by adding a new
section 17-153, creating the crime of voter suppression and providing
penalties therefore.

Section three amends section 17-166 of the election law to clarify and
increase penalties for violations of any statute contained within
Article 17.

Section four provides that the act shall take effect immediately.

 EXISTING LAW :
Article 17 of the election law contains several statutes addressing
voter coercion and intimidation. Currently, there is no specific
statute that deals with the suppression of voters or the dissemination
of false information intended to deceive or intimidate voters.
Moreover, current law does not specify the class of misdemeanor or
felony that should be applied to violations of the election law.

 JUSTIFICATION :
Unfortunately, even in the twenty-first century, efforts to suppress
and intimidate voters-particularly those belonging to certain racial
and ethnic minority groups-are all too real in this state.
Notwithstanding New York's existing laws against the use of
intimidation, threats or coercion in connection with the state
elections, attempts to suppress the vote still occur. In 2006,
examples of such conduct documented by attorneys present at polling
locations included an armed man with police shield escorting alleged
poll watchers to various polling sites during voting hours; repeated
blanket challenges to minority voters at a polling location gluing
down the lever for a candidate on a machine so that no one could vote
for that candidate; people blocking the entryways to select polling
sites in heavily populated minority areas; and a widespread challenge
to nearly 6,000 voters who allegedly did not live where their voter
registration information claimed they did. The New York Times reported
that at one polling place, one party had three times as many poll
watchers present as is permitted by law and that these poll watchers
"were at the sign-up tables, challenging one voter after another,
insisting that their signatures did not match the ones in the
registration books."

In addition to election-day conduct intended to suppress and frustrate
voters at the polls, there exist more subtle but equally harmful ways
in which voters are being dissuaded from exercising their right to
vote in state and national elections. Deceptive practices, including
the dissemination of false information intended to frighten or confuse
people into not registering to vote or not going to the polls, have
been documented in many recent elections, both in New York and across
the country. In November 2008, voters in Shirley, New York received
automated phone calls advising that due to the anticipated high voter
turnout on Election Day, Democratic and Liberal voters should cast
their ballots on Wednesday November 5, the day following Election Day.
On these calls, it was possible to press "0" to speak to a live person
who reiterated this false information. Similar deceptive information
was printed on fliers and distributed in lower income areas near
Riverhead, New York. In Manhattan, it was reported that a sign was
posted near a legitimate polling place that misdirected voters to a
fictional polling place allegedly because the legitimate polling place
was overcrowded. In 2006, voters in New York reported receiving
harassing p hone calls, or "robo calls," sometimes in the middle of
the night, claiming to be from one candidate, when in fact, the calls
were traced to the candidate's opponent. In 2004, a caller to the
Election Protection hotline reported his belief that Spanish-speaking
residents of Port Chester, New York were being told that they could
not vote unless they owned a property in an effort to dissuade them
from going to the polls.

Deceptive practices like these have been reported all over the country
in connection with recent elections. In the 2006 federal election,
deceptive practices were employed in Orange County, California where
14,000 Latino voters received mailings informing them in Spanish that
if they were immigrants and tried to vote, they would be subject to
criminal penalties, including incarceration. Also in 2006, some
Virginia voters received automated phone messages informing them that
they were ineligible to vote and would receive criminal penalties if
they tried to do so, and in Maryland, flyers were distributed in
predominantly African American neighborhoods falsely claiming that
certain candidates for federal office had received endorsements from
their opponents' party.

The dissemination or misleading election information can be especially
harmful because such information has the potential of reaching
hundreds or thousands of eligible voters with minimal effort and can
be done so anonymously, and too, such conduct may go largely
unreported. Not only, therefore, must the district attorneys and
attorney general of this state be given the tools with which to combat
this growing problem, but aggrieved citizens must be given the
opportunity to report and reverse the harmful effects of deceptive
acts before the election day.

Current New York law does not effectively address voter suppression or
deceptive practices conduct intended to create confusion, frustration
and fear that interfere with the electoral franchise, While it is
unfortunate that such a law is even needed, we as a citizenry must
send a message that such conduct will not be tolerated and and that
from now on, under this statute, those who seek to suppress the vote
or deceive voters through the dissemination of false information will
be held criminally accountable.

We must also provide state and local prosecutors with the tools to
combat these and other violations of the election law. Current law
does not specify which class of misdemeanor a person should be charged
under for violation of a statute contained in Article 17 of the
election law. Nor does the law differentiate between different classes
of felonies for those who are found to have repeatedly violated the
electoral franchise, giving law enforcement more power in prosecuting
these important matters.

 LEGISLATIVE HISTORY :
2008: S.3930 (Pertaining to the amendments proposed by section three
of this bill) Died in Elections
February 20, 2009: S.2444 (pertaining to the amendments proposed by
section three of this bill)-Referred to Elections. This bill is
intended to replace S.2444.

February 23,2009: S.2554 (pertaining to the amendments proposed by
section two of this bill)Referred to Elections. This bill is intended
to replace S. 2554.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately

2009-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

S. 2554--A                          2

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-
ment. Any person who, having been convicted of a misdemeanor under  this

S. 2554--A                          3

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.

co-Sponsors

View additional co-sponsors

2009-S2554B (ACTIVE) - Details

Current Committee:: Assembly Election Law
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
2013-2014: S676
2015-2016: S2352
2017-2018: S2952
2019-2020: S5758
2021-2022: S1032
2023-2024: S263
2025-2026: S1085

2009-S2554B (ACTIVE) - Summary

Makes the suppression of voters a civil violation.

2009-S2554B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2554B


 PURPOSE :
This bill would create a new electoral crime of voter suppression,
punishable as a misdemeanor.

 SUMMARY OF PROVISIONS :
Section one amends article seventeen of the election law by adding a
new section 17-153, creating the crime of voter suppression and
providing penalties therefore.

 EXISTING LAW :
Article seventeen of the election law contains several statutes
addressing the issues of voter coercion and intimidation, however
there is no specific statute that deals with the actual suppression of
voters.

 JUSTIFICATION :
Unfortunately, even in the twenty first century voter suppression is
an all too real reality in this state. While sometimes it occurs
subtly, oftentimes the effort is much more pronounced and widespread.

Most recently, attempts to suppress the vote were documented in a
recent election in New York State. In that race, documented efforts to
suppress minority voters were captured by attorneys present in many of

the polling locations. Some of the suppressive actions reported
included an armed man with police shield escorting around alleged poll
watchers throughout various polling sites during voting hours;
repeated blanket challenges to minority voters at a particular polling
location; gluing down the lever for a candidate on a machine so that
no one could vote for that candidate; people blocking the entryways to
select polling sites in heavily populated minority areas; and a
widespread challenge to nearly 6,000 Democratic voters who allegedly
did not live where their voter registration information claimed they
did.

In light of the blanket challenge to the registration of several thou
sand voters prior to the election and reports from the prior election
for that office alleging widespread voter suppression, the federal
government, exercising their discretion pursuant to the federal Voting
Rights Act of 1965, sent federal monitors to the district to oversee
the election.

One reporter from the New York Times who personally witnessed some of
the suppression activities described the situation as "chaotic." In an
editorial printed two days following the election, the reporter stated
that "it appeared there were a dozen or more alleged poll watchers
milling about and challenging one voter after another, insisting that
their signatures did not match the ones in the registration books."
Clearly, such suppressive efforts were to slow down the lines to vote,
hoping people would leave and force people to vote on paper ballots,
which could later be subject to scrutiny and judicial review. This
legislation would fill an important void in the election law by
creating a new statute that would directly address and hold people
accountable for intentionally suppressing the vote.  While it is
unfortunate such a law is even needed, we as a citizenry must send a
message that actions such as what happened in tlle situation described
herein will no longer be tolerated and that from now on, under this
statute, those who seek to suppress the vote will be held criminally
accountable.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09472-05-0

S. 2554--B                          2

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.
  3.  ANY  PERSON  AGGRIEVED  BY  A VIOLATION OF SUBDIVISION ONE OF THIS
SECTION MAY INSTITUTE A CIVIL ACTION  OR  OTHER  PROPER  PROCEEDING  FOR
PREVENTATIVE  RELIEF,  OR MAY APPLY FOR A PERMANENT OR TEMPORARY INJUNC-
TION, RESTRAINING ORDER, DECLARATORY JUDGMENT, OR  OTHER  ORDER  IN  ANY
COURT WITH JURISDICTION PURSUANT TO SECTION 16-100 OF THIS CHAPTER.
  4.  ANY  ATTEMPT  TO COMMIT AN OFFENSE DESCRIBED IN SUBDIVISION ONE OF
THIS SECTION, IN ACCORDANCE WITH THE APPLICABLE PROVISION OF  THE  PENAL
LAW, IS A CLASS B MISDEMEANOR.
  5.  THE  PROVISIONS  OF ARTICLE TWENTY AND ARTICLE ONE HUNDRED FIVE OF
THE PENAL LAW, RELATING TO CRIMINAL LIABILITY FOR CONDUCT OF ANOTHER AND
CONSPIRACY, SHALL APPLY TO PROSECUTIONS UNDER THIS SECTION.
  6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  ATTORNEY  GENERAL
SHALL  HAVE  CONCURRENT  JURISDICTION  WITH ANY DISTRICT ATTORNEY IN THE
PROSECUTION OF ANY OFFENSES UNDER THIS  SECTION  RELATING  TO  DECEPTIVE
PRACTICES AS WELL AS ANY OFFENSES ARISING OUT OF SUCH PROSECUTION.
  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 SUPPRESSES OR
THREATENS TO SUPPRESS THE RIGHT OF ANY PERSON TO LAWFULLY EXERCISE THEIR
FRANCHISE, OR IN ANY OTHER MANNER COMPELS SUCH  PERSON  TO  VOTE  OR  TO
REFRAIN  FROM  VOTING  FOR  OR AGAINST A PARTICULAR CANDIDATE FOR PUBLIC
OFFICE OR FOR OR AGAINST A PARTICULAR BALLOT PROPOSITION IS GUILTY OF  A
CLASS A MISDEMEANOR.
  2. FOR PURPOSES OF THIS SECTION, THE TERM "SUPPRESS" SHALL MEAN TO USE
FORCE,  AUTHORITY  OR AN ABUSE OF POWER TO PREVENT, RESTRAIN, INHIBIT OR
COMPEL ANOTHER FROM ACTING IN HIS OR HER OWN INTERESTS OR INTENTIONS, OR
INTO NOT ACTING AT ALL.
  3. ANY PERSON, POLITICAL COMMITTEE, LABOR ORGANIZATION, OR CORPORATION
WHO ATTEMPTS TO COMMIT AN OFFENSE DESCRIBED IN SUBDIVISION ONE  OF  THIS
SECTION IS GUILTY OF A CLASS B MISDEMEANOR.
  4.  THE  PROVISIONS  OF ARTICLE TWENTY AND ARTICLE ONE HUNDRED FIVE OF
THE PENAL LAW, RELATING TO CRIMINAL LIABILITY FOR CONDUCT OF ANOTHER AND
CONSPIRACY SHALL APPLY TO PROSECUTIONS UNDER THIS SECTION.
  5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  ATTORNEY  GENERAL
SHALL  HAVE  CONCURRENT  JURISDICTION  WITH ANY DISTRICT ATTORNEY IN THE
PROSECUTION OF ANY OFFENSES UNDER THIS  SECTION  RELATING  TO  DECEPTIVE
PRACTICES AS WELL AS ANY OFFENSES ARISING OUT OF SUCH PROSECUTION.
  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 for a first offense be punished by A SENTENCE OF imprison-
ment for not more than 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 imprisonment. 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 felony.
  ANY PERSON CONVICTED OF A FELONY UNDER THIS ARTICLE SHALL BE CONVICTED
OF  A  CLASS  E FELONY FOR A FIRST OFFENSE AND FOR ANY SUBSEQUENT FELONY
OFFENSE UNDER THIS ARTICLE, A CLASS D FELONY.
  S 5. This act shall take effect immediately.

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Jun 15, 2010 - Floor Vote

Floor Vote: Jun 15, 2010

Feb 2, 2010 - Elections Committee Vote

Elections Committee Vote: Feb 2, 2010

Jun 8, 2010 - Codes Committee Vote

Codes Committee Vote: Jun 8, 2010

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