S T A T E O F N E W Y O R K
________________________________________________________________________
8487
2019-2020 Regular Sessions
I N A S S E M B L Y
August 7, 2019
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Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Election Law
AN ACT to amend the penal law, the election law and the general business
law, in relation to the crime of criminal impersonation in the first
degree and fraud in connection with a primary election, caucus or
convention; and to repeal certain provisions of the election law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 190.26 of the penal law, as added
by chapter 2 of the laws of 1998, is amended to read as follows:
3. Pretending to be a duly licensed physician or other person author-
ized to issue a prescription for any drug or any instrument or device
used in the taking or administering of drugs for which a prescription is
required by law, communicates to a pharmacist an oral prescription which
is required to be reduced to writing pursuant to section thirty-three
hundred thirty-two of the public health law; OR
4. PRETENDS TO BE AN ELECTED OFFICIAL OR CANDIDATE FOR AN ELECTED
OFFICE AND ACTS BY IMPERSONATING SUCH AN ELECTED OFFICIAL, OR CANDIDATE
OR CAMPAIGN FOR SUCH AN ELECTED OFFICE, BY COMMUNICATION BY INTERNET
WEBSITE OR ELECTRONIC MEANS, WITH INTENT TO OBTAIN A BENEFIT OR INJURE
OR DEFRAUD ANOTHER.
§ 2. Subdivision 5 of section 17-102 of the election law is REPEALED
and subdivisions 6, 7, 8, 9, 10, 11, 12 and 13 are renumbered subdivi-
sions 5, 6, 7, 8, 9, 10, 11 and 12.
§ 3. The election law is amended by adding a new section 17-101 to
read as follows:
§ 17-101. FRAUD IN CONNECTION WITH A PRIMARY ELECTION, CAUCUS OR
CONVENTION. 1. ANY PERSON WHO FRAUDULENTLY OR WRONGFULLY PERFORMS ANY
ACT OR ATTEMPTS TO PERFORM ANY ACT TENDING TO AFFECT THE RESULT OF ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13341-01-9
A. 8487 2
PRIMARY ELECTION, CAUCUS OR CONVENTION, SHALL BE GUILTY OF A CLASS E
FELONY.
2. A PERSON WHO FRAUDULENTLY OR WRONGFULLY PERFORMS ANY ACT OR
ATTEMPTS TO PERFORM ANY ACT TENDING TO AFFECT THE RESULT OF ANY PRIMARY
ELECTION, CAUCUS OR CONVENTION SHALL ALSO BE SUBJECT TO A CIVIL PENALTY
FOR EACH VIOLATION. THE STATE BOARD OF ELECTIONS SHALL HAVE AUTHORITY TO
IMPOSE ANY SUCH CIVIL PENALTY FOR A VIOLATION OF SUBDIVISION ONE OF THIS
SECTION.
§ 4. The election law is amended by adding a new section 3-104-b to
read as follows:
§ 3-104-B. POWERS AND AUTHORITY; CERTAIN IMPERSONATION OF ELECTED
OFFICIALS AND OTHER FRAUD. 1. THE STATE BOARD OF ELECTIONS SHALL HAVE
THE RIGHT TO SEEK INJUNCTIVE RELIEF TO REQUIRE A SOCIAL MEDIA COMPANY TO
IMMEDIATELY CEASE AND DESIST OPERATIONS WHERE THERE IS REASON TO BELIEVE
THAT SUCH SOCIAL MEDIA COMPANY HAS FAILED TO ADDRESS A COMPLAINT BY ANY
ELECTED OFFICIAL OR CANDIDATE FOR ELECTED OFFICE ALLEGING CRIMINAL
IMPERSONATION IN THE FIRST DEGREE UNDER SECTION 190.26 OF THE PENAL LAW
OR FRAUD IN CONNECTION WITH ANY PRIMARY ELECTION, CAUCUS OR CONVENTION
UNDER SECTION 17-101 OF THIS CHAPTER.
2. THE STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL SHALL HAVE
INDEPENDENT AUTHORITY TO INVESTIGATE ALLEGATIONS OR CLAIMS OF ANY SUCH
ALLEGATION OR CLAIM, INCLUDING SUBPOENA POWERS AND TO ISSUE CEASE AND
DESIST ORDERS TO THE RELEVANT SOCIAL MEDIA COMPANIES UPON PROOF OF SUCH
IMPERSONATION OR FRAUDULENT OR WRONGFUL ACT.
§ 5. The general business law is amended by adding a new section 392-k
to read as follows:
§ 392-K. CLOSURE OF CERTAIN SOCIAL MEDIA ACCOUNTS. A SOCIAL MEDIA
COMPANY THAT RECEIVES A COMPLAINT ALLEGING CRIMINAL IMPERSONATION IN THE
FIRST DEGREE OR CLAIMING FRAUD IN CONNECTION WITH ANY PRIMARY ELECTION,
CAUCUS OR CONVENTION IN VIOLATION OF SECTION 17-101 OF THE ELECTION LAW
SHALL CLOSE ANY SUCH IMPERSONATED OR FRAUDULENT ACCOUNT WITHIN TWENTY-
FOUR HOURS OF SUCH NOTIFICATION. SOCIAL MEDIA COMPANIES SHALL ESTABLISH
PRACTICAL MECHANISMS FOR CLOSING ANY SUCH SOCIAL MEDIA ACCOUNT WITHIN
SUCH TIME FRAME.
§ 6. This act shall take effect immediately.