S T A T E O F N E W Y O R K
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4181
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to access to multiple unit
dwellings by candidates and volunteers for the purpose of campaigning
or registering 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 3-109
to read as follows:
§ 3-109. ACCESS TO MULTIPLE UNIT DWELLINGS BY CANDIDATES AND VOLUN-
TEERS. 1. IT IS UNLAWFUL FOR A PERSON, EITHER DIRECTLY OR INDIRECTLY, TO
DENY ACCESS TO AN APARTMENT HOUSE, DORMITORY, NURSING HOME, MANUFACTURED
HOME PARK, OTHER MULTIPLE UNIT FACILITY USED AS A RESIDENCE, OR AN AREA
IN WHICH TWO OR MORE SINGLE-FAMILY DWELLINGS ARE LOCATED ON PRIVATE
ROADWAYS TO A CANDIDATE WHO HAS:
(A) ORGANIZED A CAMPAIGN COMMITTEE UNDER APPLICABLE FEDERAL OR STATE
LAW;
(B) FILED A FINANCIAL REPORT AS REQUIRED BY SECTION 14-104 OF THIS
CHAPTER; OR
(C) FILED A CERTIFICATION OF NOMINATION OR DESIGNATION AS A CANDIDATE
FOR ELECTED OFFICE.
A CANDIDATE GRANTED ACCESS UNDER THIS SECTION SHALL BE ALLOWED TO BE
ACCOMPANIED BY CAMPAIGN VOLUNTEERS.
2. ACCESS TO A FACILITY OR AREA IS ONLY REQUIRED IF IT IS LOCATED
WITHIN THE DISTRICT OR AREA THAT WILL BE REPRESENTED BY THE OFFICE TO
WHICH THE CANDIDATE SEEKS ELECTION, AND THE CANDIDATE AND ANY ACCOMPANY-
ING CAMPAIGN VOLUNTEERS SEEK ACCESS EXCLUSIVELY FOR THE PURPOSE OF
CAMPAIGNING FOR A CANDIDATE OR REGISTERING VOTERS. THE CANDIDATE MUST BE
SEEKING ELECTION TO OFFICE AT THE NEXT GENERAL OR SPECIAL ELECTION TO BE
HELD FOR THAT OFFICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06700-01-1
A. 4181 2
3. A CANDIDATE AND ANY ACCOMPANYING CAMPAIGN VOLUNTEERS GRANTED ACCESS
UNDER THIS SECTION SHALL BE PERMITTED TO LEAVE CAMPAIGN MATERIALS FOR
RESIDENTS AT THEIR DOORS, EXCEPT THAT THE MANAGER OF A NURSING HOME MAY
DIRECT THAT THE CAMPAIGN MATERIALS BE LEFT AT A CENTRAL LOCATION WITHIN
THE FACILITY. THE CAMPAIGN MATERIALS MUST BE LEFT IN AN ORDERLY MANNER.
4. IF A FACILITY OR AREA CONTAINS MULTIPLE BUILDINGS, A CANDIDATE AND
ACCOMPANYING VOLUNTEERS MUST BE PERMITTED TO ACCESS MORE THAN ONE BUILD-
ING ON A SINGLE VISIT, BUT ACCESS IS LIMITED TO ONLY ONE BUILDING AT A
TIME. IF MULTIPLE CANDIDATES ARE TRAVELING TOGETHER, EACH CANDIDATE AND
THAT CANDIDATE'S ACCOMPANYING VOLUNTEERS ARE LIMITED TO ONE BUILDING AT
A TIME, BUT ALL OF THE CANDIDATES AND ACCOMPANYING VOLUNTEERS TRAVELING
TOGETHER SHALL NOT BE RESTRICTED TO ACCESSING THE SAME BUILDING AT THE
SAME TIME.
5. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT:
(A) DENIAL OF ADMITTANCE INTO A PARTICULAR APARTMENT, ROOM, MANUFAC-
TURED HOME, OR PERSONAL RESIDENTIAL UNIT;
(B) REQUIRING REASONABLE AND PROPER IDENTIFICATION AS A NECESSARY
PREREQUISITE TO ADMISSION TO A MULTIPLE UNIT DWELLING;
(C) IN THE CASE OF A NURSING HOME OR ASSISTED LIVING FACILITY, DENIAL
OF PERMISSION TO VISIT CERTAIN PERSONS FOR VALID HEALTH REASONS;
(D) LIMITING VISITS BY CANDIDATES OR VOLUNTEERS ACCOMPANIED BY THE
CANDIDATE TO A REASONABLE NUMBER OF PERSONS OR DURING REASONABLE HOURS;
(E) REQUIRING A PRIOR APPOINTMENT TO GAIN ACCESS TO THE FACILITY; OR
(F) DENIAL OF ADMITTANCE TO OR EXPULSION FROM A MULTIPLE UNIT DWELLING
FOR GOOD CAUSE.
6. A VIOLATION OF THIS SECTION IS A MISDEMEANOR.
§ 2. This act shall take effect immediately.