S T A T E O F N E W Y O R K
________________________________________________________________________
5915
2011-2012 Regular Sessions
I N A S S E M B L Y
March 2, 2011
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Introduced by M. of A. KAVANAGH, BROOK-KRASNY, CASTRO, CLARK, COLTON,
DINOWITZ, GALEF, LATIMER, LIFTON, MILLMAN, O'DONNELL, PERRY,
P. RIVERA, ROSENTHAL, SCHIMEL, SPANO, STEVENSON, WRIGHT -- Multi-Spon-
sored by -- M. of A. BOYLAND, BRENNAN, CRESPO, GUNTHER, HEASTIE, LANC-
MAN, 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 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.
LBD00809-01-1
A. 5915 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.