NY State Senate Bill S263

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2023	referred to election law
Jan 09, 2023	delivered to assembly passed senate ordered to third reading cal.4 reported and committed to rules
Jan 04, 2023	referred to elections

Votes

view votes

Jan 9, 2023 - floor Vote

S263

floor

Aye

Nay

Absent

Excused

Abstained

Jan 9, 2023 - Elections committee Vote

S263

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 9, 2023 - Rules committee Vote

S263

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S263 (ACTIVE) - Details

Law Section:: Election Law
Laws Affected:: Add §§17-151 & 17-153, amd §17-166, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2554
2011-2012: S1009
2013-2014: S676
2015-2016: S2352
2017-2018: S2952
2019-2020: S5758
2021-2022: S1032

S263 (ACTIVE) - Summary

Makes the suppression of voters a civil violation.

S263 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S263

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting the
suppression of voters

 
PURPOSE:

The purpose of this act is to create a new electoral crime of voter
suppression, punishable as a misdemeanor.

 
SUMMARY OF PROVISIONS:

Section one names the bill the "deceptive practices and voter
suppression prevention act."

Section two amends article seventeen of the Election Law by adding a new
section 17-151, creating the crime of deceptive practices in relation to
elections.. Under this bill, knowingly spreading deceptive information
aimed at interfering with others' right to vote would become a misdemea-

nor offense.

Section three amends the Election Law by making it a crime to suppress
the voting rights of others, or to force them to vote for or against a
particular candidate.

Section four amends the Election Law by stating that any individual
convicted of the misdemeanor of deceptive practices a second time shall
be guilty of a class E felony, and for any subsequent convictions of the
same crime the individual shall be guilty of a class D felony.

Section five is the effective date.

 
JUSTIFICATION:

Voter suppression continues to impact the most at-risk New Yorkers every
election cycle, even well into the twenty-first century. While sometimes
subtle, the effort is often much more pronounced and widespread. With
recent advancements in technology, bad actors from anywhere in the coun-
try or the rest of the world are able to take easy actions to delib-
erately suppress the voting rights of individuals, especially those in
marginalized groups.

One example of these suppression tactics is when conservative actors
Jacob Wohl and Jack Burkman, based in Arlington, Virginia, sent out
robocalls to 85,000 individuals located in predominately minority commu-
nities in New York, Illinois, Ohio, and Pennsylvania in August 2020.
These robocalls contained misinformation regarding mail-in voting,
including that authorities would use information on absentee ballots to
track down arrest warrants or outstanding debt. In October 2020, these
bad actors were ordered by a federal court to call all 85,000 individ-
uals to correct their misinformation.

This legislation would fill a void in the Election Law by directly
addressing and holding accountable those who intentionally suppress the
right to vote. While it is unfortunate such a law is needed, New York
State must send a message that such actions will no longer be tolerated,
and that those who seek to infringe on others' constitutional rights
will be held criminally liable.

 
LEGISLATIVE HISTORY:

2021-2022:S1032 Stewart-Cousins- Passed Senate in 2022

2019-2020:S5758 Stewart-Cousins- Referred to Elections

2017-2018:S2952 Stewart-Cousins- Referred to Elections

2015-2016:S2352 Stewart-Cousins- Referred to Elections

2013-2014:S676 Stewart-Cousins- Referred to Elections

2011-2012:S1009 Stewart-Cousins- Referred to Elections

2009-2010:S2554B Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S263 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    263
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- 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.  This act shall be known and may be cited as the "deceptive
 practices and voter suppression prevention act".
   § 2. The election law is amended by adding a  new  section  17-151  to
 read as follows:
   §  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02246-01-3

 S. 263                              2
 
   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.
   §  3.  The  election  law is amended by adding a new section 17-153 to
 read as follows:
   § 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.
   § 4. Section 17-166 of the election law is amended to read as follows:
   §  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,  UNLESS  OTHERWISE PROVIDED BY LAW.   Any person who,
 having been convicted of a misdemeanor under this article, shall  there-
 after  be  convicted of another misdemeanor under this article, shall be
 guilty of a CLASS E felony. FOR ANY SUBSEQUENT OFFENSE, HE OR SHE  SHALL
 BE GUILTY OF A CLASS D FELONY.
   § 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S263

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 9, 2023 - floor Vote

Floor Vote: Jan 9, 2023

Jan 9, 2023 - Elections committee Vote

Elections Committee Vote: Jan 9, 2023

Jan 9, 2023 - Rules committee Vote

Rules Committee Vote: Jan 9, 2023

Co-Sponsors

S263 (ACTIVE) - Details

S263 (ACTIVE) - Summary

S263 (ACTIVE) - Sponsor Memo

S263 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S263

Share this bill

Sponsored By

Andrea Stewart-Cousins

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 9, 2023 - floor Vote

Floor Vote: Jan 9, 2023

Jan 9, 2023 - Elections committee Vote

Elections Committee Vote: Jan 9, 2023

Jan 9, 2023 - Rules committee Vote

Rules Committee Vote: Jan 9, 2023

Co-Sponsors

Lea Webb

S263 (ACTIVE) - Details

S263 (ACTIVE) - Summary

S263 (ACTIVE) - Sponsor Memo

S263 (ACTIVE) - Bill Text download pdf

Comments