NY State Senate Bill 2023-S2298

Senate Bill S2298

2023-2024 Legislative Session

Requires that subpoenas relating to election matters be served with a separate informational sheet that summarizes why the subpoena has been issued

download bill text pdf

Current Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections returned to senate died in assembly
Mar 20, 2023	referred to election law delivered to assembly passed senate
Mar 13, 2023	advanced to third reading
Mar 09, 2023	2nd report cal.
Mar 08, 2023	1st report cal.460
Jan 19, 2023	referred to elections

Votes

- Mar 20, 2023 - Floor Vote
  S2298
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 20, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Canzoneri-Fitzpatrick
  Mar 8, 2023 - Elections Committee Vote
  S2298
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Mar 8, 2023
      
      aye (7)
      
      Borrello
      
      Kavanagh
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Walczyk

co-Sponsors

2023-S2298 (ACTIVE) - Details

See Assembly Version of this Bill:: A1176
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §16-102, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8568
2019-2020: S2099
2021-2022: S215, A7834

2023-S2298 (ACTIVE) - Summary

Requires that subpoenas issued relating to election matters be served with a separate informational sheet that summarizes why the subpoena has been issued.

2023-S2298 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2298

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the election law, in relation to requiring that subpoe-
nas relating to election matters be served with a separate informational
sheet that summarizes why the subpoena has been issued

 
PURPOSE:

For election law cases under article sixteen of the election law only,
this bill would require that a cover sheet be provided if a person is
subpoenaed for a case under the election law. The sheet must explain in
clear, plain language what the case pertains to and that it is unrelated
to criminal charges.

 
SUMMARY OF PROVISIONS:

Section 1311-a of the civil practice law and rules is amended by adding
a new section 7 Stating that any subpoena issued concerning violations
of election law is required to be served with a cover sheet explaining

in plain language the reason for the subpoena, the consequence of not
complying, and that the subpoena is unrelated to any criminal action.

Section two establishes the effective date.

 
JUSTIFICATION:

When respondents are issued subpoenas as a result of election law
violations, they frequently become alarmed and unclear about the proc-
ess, and concerned that they are the target of inquiry. This bill will
provide the subpoenaed person with a clear, comprehensive explanation in
order to better understand the issue and provide informed testimony.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: S8568A/A9641, referred to Codes

2019-2020: S2099A, referred to Elections

2021-2022: S215/A7834, passed Senate; referred to Election Law in Assem-
bly

 
FISCAL IMPLICATIONS:

None.   
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2298 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2298
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced by Sens. MAYER, JACKSON, LIU, MYRIE -- 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 requiring that  subpoe-
   nas  relating  to  election matters be served with a separate informa-
   tional sheet that summarizes why the subpoena has been issued
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 16-102 of the election law is amended by adding a
 new subdivision 2-a to read as follows:
   2-A. A SUBPOENA ISSUED IN RELATION TO THIS ARTICLE SHALL REQUIRE  THAT
 THE  SUBPOENA  BE SERVED WITH A SEPARATE INFORMATIONAL SHEET THAT SUMMA-
 RIZES WHY THE SUBPOENA HAS BEEN ISSUED, THAT THE CASE IS NOT RELATED  TO
 A  CRIMINAL ACTION, THAT THE PERSON TO WHOM THE SUBPOENA IS BEING SERVED
 DOES NOT CURRENTLY FACE CRIMINAL CHARGES RELATED TO  THE  CASE,  SPECIFY
 THAT  THE  ACTION  IS  RELATED TO THE UPCOMING ELECTION OF THE PERTINENT
 OFFICE AND THE CONSEQUENCES OF NOT FOLLOWING THE SUBPOENA.  THE INFORMA-
 TIONAL SHEET SHALL BE AFFIXED TO THE SUBPOENA BEING SERVED AND SHALL  BE
 WRITTEN  IN PLAIN LANGUAGE AND PRINTED IN A FORMAT AND TYPE SIZE THAT IS
 CLEAR AND EASY TO READ.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02176-01-3

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Senate Bill S2298

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Sponsored By

Shelley B. Mayer