Senate Bill S6217

                                
 
BILL NUMBER: S6217

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the election law, in relation to increasing the dollar
value of items that may legally be given or provided to any person,
other than persons who are official representatives of the board of
elections or political parties and committees and persons who are
engaged as watchers, in a polling place without any identification of
the person or entity supplying such provisions

 
PURPOSE:

To increase from $1 to $5 the dollar value of items that may legally be
given or provided to any person at a polling place, to ensure that
volunteers not identifiably affiliated with any political candidate,
party or organization can provide de minimis amounts of food and bever-
ages to voters waiting in line at a polling place.

 
SUMMARY OF PROVISIONS:
              

Section 1 of the bill amends section 17-140 of the Election Law
("Furnishing money or entertainment to induce attendance at polls") to
increase the dollar value of drinks, refreshments or provisions that may
legally be provided to voters at a polling place from $1 to $5, so long
as there is no identification of the person or entity supplying such
drinks, refreshments or provisions.

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

Since at least 1909, New York State has had a law on the books intending
to prohibit the practice of furnishing prospective voters with gifts to
induce them to vote. Since 1974, this prohibition has existed as a Class
A misdemeanor found in Section 17-140 of the Election Law.

In 1992, the State Legislature amended Section 17-140 to include a
commonsense exception for "meat, drink 
S, tobacco, refreshment 
S or
provision 
S" having a value of less than $1, as long as they were
provided without identification of the person or entity supplying such
provisions. According to the Bill Jacket for the 1992 law, the exception
"rectifie(d) a situation where technical misdemeanors are committed each
Election Day throughout many towns and cities in the State of New York."

By raising the allowable dollar value from $1 to $5, New York would
ensure that inflation doesn't create more "technical misdemeanors."
Under this bill, beverages and snacks of de minimis value could continue
to be provided to voters waiting in long lines to vote, while retaining
the requirement that the person or entity supplying the beverages or
snacks cannot be identifiably affiliated with a candidate, campaign, or
political party.  Modernizing Section 17-140 of the Election Law would
also be consistent with the many election reforms passed by the State
Legislature since 2019 intended to make voting more accessible and easi-
er for all, and draw a 'sharp distinction between New York and states
like Georgia, which in March 2021 passed legislation creating a bright-
line law prohibiting giving food and drinks to voters at a polling place
without exception.
 
LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.