S T A T E O F N E W Y O R K
________________________________________________________________________
3095
2025-2026 Regular Sessions
I N S E N A T E
January 23, 2025
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, the election law and the education law,
in relation to voting by level two or level three sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding two new sections 145.75
and 145.80 to read as follows:
§ 145.75 UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL OR FACILITY FOR
CHILDREN FOR THE PURPOSES OF VOTING IN THE SECOND DEGREE.
1. A PERSON IS GUILTY OF UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL
OR FACILITY FOR CHILDREN FOR THE PURPOSES OF VOTING IN THE SECOND
DEGREE, WHEN BEING A LEVEL TWO OR LEVEL THREE SEX OFFENDER, SUCH PERSON
ENTERS OR REMAINS IN A SCHOOL OR FACILITY FOR CHILDREN FOR THE PURPOSES
OF CASTING A BALLOT OR OTHERWISE VOTING DURING ANY PRIMARY, GENERAL,
SPECIAL, SCHOOL DISTRICT OR OTHER ELECTION IN WHICH RESIDENTS, REGIS-
TERED OR QUALIFIED VOTERS ARE ENTITLED TO CAST BALLOTS.
2. FOR THE PURPOSES OF THIS SECTION: (A) "LEVEL TWO OR LEVEL THREE SEX
OFFENDER" SHALL MEAN A PERSON REGISTERED OR REQUIRED TO REGISTER UNDER
SECTION ONE HUNDRED SIXTY-EIGHT-F OF THE CORRECTION LAW WHO HAS RECEIVED
A LEVEL TWO OR LEVEL THREE DESIGNATION PURSUANT TO SECTION ONE HUNDRED
SIXTY-EIGHT-L OF THE CORRECTION LAW; AND (B) "SCHOOL OR FACILITY FOR
CHILDREN" SHALL MEAN A BUILDING, STRUCTURE, ATHLETIC PLAYING FIELD,
PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A
PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH,
VOCATIONAL, OR HIGH SCHOOL, OR ANY OTHER FACILITY OR INSTITUTION PRIMA-
RILY USED FOR THE CARE OR TREATMENT OF PERSONS UNDER THE AGE OF EIGHTEEN
WHILE ONE OR MORE OF SUCH PERSONS UNDER THE AGE OF EIGHTEEN ARE PRESENT.
UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL OR FACILITY FOR CHILDREN
FOR THE PURPOSES OF VOTING IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
NOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06954-01-5
S. 3095 2
§ 145.80 UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL OR FACILITY FOR
CHILDREN FOR THE PURPOSES OF VOTING IN THE FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL OR
FACILITY FOR CHILDREN FOR THE PURPOSES OF VOTING IN THE FIRST DEGREE
WHEN SUCH PERSON COMMITS THE CRIME OF UNLAWFULLY ENTERING OR REMAINING
IN A SCHOOL OR FACILITY FOR CHILDREN FOR THE PURPOSES OF VOTING IN THE
SECOND DEGREE, HAVING PREVIOUSLY BEEN CONVICTED OF SUCH CRIME WITHIN THE
PRECEDING TEN YEARS.
UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL OR FACILITY FOR CHILDREN
FOR THE PURPOSES OF VOTING IN THE FIRST DEGREE IS A CLASS E FELONY.
§ 2. Paragraph (d) of subdivision 1 of section 8-400 of the election
law, as amended by chapter 63 of the laws of 2010, is amended and a new
paragraph (e) is added to read as follows:
(d) absent from [his or her] THEIR voting residence because [he or she
is] THEY ARE detained in jail awaiting action by a grand jury or await-
ing trial, or confined in jail or prison after a conviction for an
offense other than a felony, provided that [he or she] SUCH VOTER is
qualified to vote in the election district of [his or her] THEIR resi-
dence[.]; OR
(E) PROHIBITED FROM APPEARING PERSONALLY AT THE POLLING PLACE OF THE
ELECTION DISTRICT IN WHICH THEY ARE A QUALIFIED VOTER BECAUSE THEY ARE A
LEVEL TWO OR LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE IS LOCATED
ON OR WITHIN A SCHOOL OR FACILITY FOR CHILDREN AS THE TERMS "LEVEL TWO
AND LEVEL THREE SEX OFFENDER" AND "SCHOOL OR FACILITY FOR CHILDREN" ARE
DEFINED IN SECTION 145.75 OF THE PENAL LAW.
§ 3. Subparagraph (iv) of paragraph (c) of subdivision 3 of section
8-400 of the election law, as amended by chapter 63 of the laws of 2010,
is amended and a new subparagraph (v) is added to read as follows:
(iv) detained in jail awaiting action by a grand jury or awaiting
trial or confined in jail or prison after a conviction for an offense
other than a felony and stating the place where [he or she is] THEY ARE
so detained or confined[.]; OR
(V) PROHIBITED FROM APPEARING PERSONALLY AT THE POLLING PLACE OF THE
ELECTION DISTRICT IN WHICH THEY ARE A QUALIFIED VOTER BECAUSE THEY ARE A
LEVEL TWO OR LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE IS LOCATED
ON OR WITHIN A SCHOOL OR FACILITY FOR CHILDREN AS THE TERMS "LEVEL TWO
AND LEVEL THREE SEX OFFENDER" AND "SCHOOL OR FACILITY FOR CHILDREN" ARE
DEFINED IN SECTION 145.75 OF THE PENAL LAW.
§ 4. Section 8-400 of the election law is amended by adding a new
subdivision 11 to read as follows:
11. SIXTY DAYS BEFORE EACH ELECTION THE BOARD OF ELECTIONS SHALL
COMPILE A LIST OF ALL LEVEL TWO AND LEVEL THREE REGISTERED SEX OFFENDERS
ENTITLED TO RECEIVE ABSENTEE BALLOTS PURSUANT TO THE PROVISIONS OF THIS
SECTION. THE BOARD OF ELECTIONS SHALL, BY MAIL ADDRESSED TO SUCH SEX
OFFENDER AT THEIR REGISTERED ADDRESS, SEND AN ABSENTEE BALLOT FOR THE
ENSUING ELECTION TO SUCH PERSON IN THE SAME MANNER AS PROVIDED IN THIS
SECTION FOR A QUALIFIED VOTER ENTITLED TO AN ABSENTEE BALLOT BECAUSE OF
ILLNESS OR DISABILITY.
§ 5. Subdivision 2 of section 2018-a of the education law, as amended
by chapter 616 of the laws of 2019, is amended to read as follows:
2. a. A qualified voter may vote as an absentee voter under this
section if during all the hours of voting on the day of an election [he
or she] THEY will be:
(1) absent from the county of [his or her] THEIR residence; or
(2) unable to appear at the polling place because of illness or phys-
ical disability, or duties related to the primary care of one or more
S. 3095 3
individuals who are ill or physically disabled, or because [he or she]
SUCH QUALIFIED VOTER will be or is a patient in a hospital; or
(3) an [inmate] INCARCERATED INDIVIDUAL or patient of a veteran's
administration hospital; or
(4) absent from [his or her] THEIR voting residence because [he or she
is] THEY ARE detained in jail awaiting action by a grand jury or await-
ing trial, or confined in jail or prison after a conviction for an
offense other than a felony, provided that [he or she is] THEY ARE qual-
ified to vote in the election district of [his or her] THEIR resi-
dence[.]; OR
(5) PROHIBITED FROM APPEARING PERSONALLY AT THE POLLING PLACE OF THE
ELECTION DISTRICT IN WHICH THEY ARE A QUALIFIED VOTER BECAUSE THEY ARE A
LEVEL TWO OR LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE IS LOCATED
ON OR WITHIN A SCHOOL OR FACILITY FOR CHILDREN AS THE TERMS "LEVEL TWO
AND LEVEL THREE SEX OFFENDER" AND "SCHOOL OR FACILITY FOR CHILDREN" ARE
DEFINED IN SECTION 145.75 OF THE PENAL LAW.
b. Each person entitled to vote as an absentee voter pursuant to this
section and desirous of obtaining an absentee ballot shall make written
application therefor to the district clerk. Application forms for use
pursuant to this section shall be in a form prescribed by the state
board of elections. The use of any application which is on a form
prescribed by the state board of elections shall be acceptable.
c. The application for an absentee ballot when filed must contain in
each instance the following information:
(1) Applicant's full name, date of birth, and residence address,
including the street and number, if any, rural delivery route, if any,
mailing address if different from the residence address and an address
to which the ballot shall be mailed.
(2) A statement that the applicant is a qualified and registered
voter.
(3) A statement, as appropriate, that on the day of such election the
applicant expects in good faith to be in one of the following catego-
ries:
(a) absent from the county of [his or her] THEIR residence; provided,
however, if the applicant expects to be absent from such county for a
duration covering more than one election and seeks an absentee ballot
for each election, [he or she] SUCH APPLICANT shall state the dates when
[he or she expects] THEY EXPECT to begin and end such absence; or
(b) unable to appear at a polling place because of illness or physical
disability or duties related to the primary care of one or more individ-
uals who are ill or physically disabled; or
(c) an [inmate] INCARCERATED INDIVIDUAL or patient of a veteran's
administration hospital; or
(d) detained in jail awaiting action by a grand jury or awaiting trial
or confined in jail or prison after a conviction for an offense other
than a felony and stating the place where [he or she is] THEY ARE so
detained or confined[.]; OR
(E) PROHIBITED FROM APPEARING PERSONALLY AT THE POLLING PLACE OF THE
ELECTION DISTRICT IN WHICH THEY ARE A QUALIFIED VOTER BECAUSE THEY ARE A
LEVEL TWO OR LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE IS LOCATED
ON OR WITHIN A SCHOOL OR FACILITY FOR CHILDREN AS THE TERMS "LEVEL TWO
AND LEVEL THREE SEX OFFENDER" AND "SCHOOL OR FACILITY FOR CHILDREN" ARE
DEFINED IN SECTION 145.75 OF THE PENAL LAW.
d. WHERE THE APPLICANT INDICATES THEY ARE PROHIBITED FROM APPEARING
PERSONALLY AT THE POLLING PLACE OF THE ELECTION DISTRICT IN WHICH THEY
ARE A QUALIFIED VOTER BECAUSE THEY ARE A LEVEL TWO OR LEVEL THREE SEX
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OFFENDER AND SUCH POLLING PLACE IS LOCATED ON OR WITHIN A SCHOOL OR
FACILITY FOR CHILDREN AS THE TERMS "LEVEL TWO AND LEVEL THREE SEX OFFEN-
DER" AND "SCHOOL OR FACILITY FOR CHILDREN" ARE DEFINED IN SECTION 145.75
OF THE PENAL LAW SUCH APPLICATION SHALL STATE WHETHER OR NOT THE VOTER
IS CURRENTLY UNDER A SENTENCE OF IMPRISONMENT FOR A FELONY OR ON PAROLE.
E. Such application shall include the following statement to be signed
by the voter.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of application for absentee
ballots, I shall be guilty of a misdemeanor.
Date.....................Signature of Voter ...........................
[e.] F. An applicant whose ability to appear personally at the polling
place of the school district of which [he or she is] THEY ARE a quali-
fied voter is substantially impaired by reason of permanent illness or
physical disability and whose registration record has been marked
"permanently disabled" by the board of elections pursuant to the
provisions of the election law shall be entitled to receive an absentee
ballot pursuant to the provisions of this section without making sepa-
rate application for such absentee ballot, and the board of registration
upon being advised by the board of elections on or with the list of
registered voters that the registration record of a voter is marked
"permanently disabled" shall send an absentee ballot to such voter at
[his or her] THEIR last known address with a request to the postal
authorities not to forward same but to return same in five days in the
event that it cannot be delivered to the addressee. The board of educa-
tion shall determine whether such ballot shall be sent by first class or
by certified mail. All such ballots shall be mailed in the same manner
as determined by the board of education. The board of registration shall
make an appropriate entry on the registration indicating the fact that
an absentee ballot has been sent and the date of mailing.
[f.] G. An application must be received by the district clerk no
earlier than the thirtieth day before the election for which an absentee
ballot is sought. If the application requests that the absentee ballot
be mailed, such application must be received not later than seven days
before the election. If the applicant or [his or her] SUCH APPLICANT'S
agent delivers the application to the district clerk in person, such
application must be received not later than the day before the election.
The district clerk shall examine each application and shall determine
from the information contained therein whether the applicant is quali-
fied under this section to receive an absentee ballot.
[g.] H. No later than six days before the election for which an appli-
cation has been received and for which the district clerk has determined
the applicant to be qualified to vote by absentee ballot the district
clerk shall mail, by regular mail, an absentee ballot to each qualified
applicant who has applied before such day and who has requested that
such absentee ballot be mailed to [him or her] THEM at the address set
forth in [his or her] THEIR application. If the applicant or [his or
her] SUCH APPLICANT'S agent delivers the application to the district
clerk in person after the seventh day before the election and not later
than the day before the election, the district clerk shall forthwith
deliver such absentee ballots for those applicants whom [he or she
determines] THEY DETERMINE are qualified to make such applications and
to receive such ballots to such applicants or the agents named in the
S. 3095 5
applications when such applicants or agents appear in the district
clerk's office.
§ 6. Subdivision 2 of section 2018-b of the education law, as amended
by chapter 46 of the laws of 1992 and paragraph c as amended by chapter
26 of the laws of 1994, is amended to read as follows:
2. a. An applicant for such an absentee ballot shall submit an appli-
cation setting forth (1) [his] THEIR name and residence address, includ-
ing the street and number, if any, or town and rural delivery route, if
any; (2) that [he is] THEY ARE or will be, on the day of the school
district election, a qualified voter of the school district in which [he
resides] THEY RESIDE in that [he is] THEY ARE or will be, on such date,
over eighteen years of age, a citizen of the United States and has or
will have resided in the district for thirty days next preceding such
date; AND (3) that [he] THEY will be unable to appear to vote in person
on the day of the school district election for which the absentee ballot
is requested because [he is] THEY ARE, or will be on such day (a) a
patient in a hospital, or unable to appear personally at the polling
place on such day because of illness or physical disability [or]; (b)
because [his] THEIR duties, occupation, business, or studies will
require [him] THEM to be outside of the county or city of [his] THEIR
residence on such day[,]; (c) because [he] THEY will be on vacation
outside the county or city of [his] THEIR residence on such day; [or,]
(d) absent from [his] THEIR voting residence because [he is] THEY ARE
detained in jail awaiting action by a grand jury or awaiting trial or
[is] ARE confined in prison after conviction for an offense other than a
felony; OR (E) PROHIBITED FROM APPEARING PERSONALLY AT THE POLLING PLACE
OF THE ELECTION DISTRICT IN WHICH THEY ARE A QUALIFIED VOTER BECAUSE
THEY ARE A LEVEL TWO OR LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE
IS LOCATED ON OR WITHIN A SCHOOL OR FACILITY FOR CHILDREN AS THE TERMS
"LEVEL TWO AND LEVEL THREE SEX OFFENDER" AND "SCHOOL OR FACILITY FOR
CHILDREN" ARE DEFINED IN SECTION 145.75 OF THE PENAL LAW.
Such application must be received by the district clerk or designee of
the trustees or school board at least seven days before the election if
the ballot is to be mailed to the voter, or the day before the election,
if the ballot is to be delivered personally to the voter.
b. (1) Where such duties, occupation, business, or studies are of such
a nature as ordinarily to require such absence, a brief description of
such duties, occupation, business, or studies shall be set forth in such
application.
(2) Where such duties, occupation, business, or studies are not of
such a nature as ordinarily to require such absence, such application
shall contain a statement of the special circumstances on account of
which such absence is required.
c. Where the applicant expects in good faith to be absent on the day
of the election because [he] THEY will be on vacation elsewhere on such
day, such application shall also contain the dates upon which [he
expects] THEY EXPECT to begin and end such vacation, the place or places
where [he expects] THEY EXPECT to be on such vacation, the name and
address of [his] THEIR employer, if any, and if self-employed or
retired, a statement to that effect.
d. Where the absence is because of detention or confinement to jail,
such application shall state whether the voter is detained awaiting
action of the grand jury or is confined after conviction for an offense
other than a felony.
e. WHERE THE APPLICANT INDICATES THAT THEY ARE PROHIBITED FROM
APPEARING PERSONALLY AT THE POLLING PLACE OF THE ELECTION DISTRICT IN
S. 3095 6
WHICH THEY ARE A QUALIFIED VOTER BECAUSE THEY ARE A LEVEL TWO OR LEVEL
THREE SEX OFFENDER AND SUCH POLLING PLACE IS LOCATED ON OR WITHIN A
SCHOOL OR FACILITY FOR CHILDREN AS THE TERMS "LEVEL TWO AND LEVEL THREE
SEX OFFENDER" AND "SCHOOL OR FACILITY FOR CHILDREN" ARE DEFINED IN
SECTION 145.75 OF THE PENAL LAW SUCH APPLICATION SHALL STATE WHETHER OR
NOT THE VOTER IS CURRENTLY UNDER A SENTENCE OF IMPRISONMENT FOR A FELONY
OR ON PAROLE.
F. Where a person is or would be, if [he] SUCH PERSON were a qualified
voter, entitled to apply for the right to vote by absentee ballot under
the provisions of this section, [his] THEIR spouse, parent or child, if
a qualified voter and a resident of the same school district, shall be
entitled to vote as an absentee voter upon personally making and signing
an application in accordance with the preceding provisions of this
subdivision and showing that [he expects] THEY EXPECT to be absent from
the school district on the day of the school district election by reason
of accompanying or being with the spouse, child or parent who is or
would be, if [he] THEY were a qualified voter, so entitled to apply for
the right to vote by absentee ballot, and, in the event no application
is made by such spouse, child or parent, such further information as the
clerk of the school district or designee of the trustees or school board
shall require.
[f.] G. Such application shall include the following statement to be
signed by the voter.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of application for absentee
ballots, I shall be guilty of a misdemeanor.
Date......................Signature of Voter ...........................
[g.] H. The clerk of the school district or a designee of the trustees
or school board shall request registration lists from the board of
elections pursuant to subdivision three of section 5-612 of the election
law for those voters whose registration record has been marked "perma-
nently disabled". An applicant whose ability to appear personally at the
polling place of the school district of which [he is] THEY ARE a quali-
fied voter is substantially impaired by reason of permanent illness or
physical disability and whose registration record has been marked
"permanently disabled" as determined by the board of elections pursuant
to the provisions of this chapter and who has previously applied for an
absentee ballot shall be entitled to receive subsequent absentee ballots
pursuant to the provisions of this section without making separate
application for such absentee ballot, and the clerk of the school
district or a designee of the trustees or school board shall send an
absentee ballot to such voter at [his] THEIR last known address with a
request to the postal authorities not to forward same but to return same
in five days in the event that it cannot be delivered to the addressee.
The clerk of the school district or a designee of the trustees or school
board shall determine whether such ballot shall be sent by first class
or by certified mail. All such ballots shall be mailed in the same
manner as determined by the trustees or the board of education.
§ 7. The election law is amended by adding a new section 17-172 TO
READ AS FOLLOWS:
§ 17-172. IMMUNITY AND DEFENSE FOR POLL WORKERS AND OTHERS RELATED TO
ADMITTANCE OF SEX OFFENDERS TO POLLING PLACES. 1. NO PERSON SHALL BE
S. 3095 7
CIVILLY LIABLE FOR REFUSING ADMITTANCE OF A LEVEL TWO OR LEVEL THREE SEX
OFFENDER TO A POLLING PLACE WHICH IS OR IS WITHIN A SCHOOL OR FACILITY
FOR CHILDREN AS THOSE TERMS ARE DEFINED IN SECTION 145.75 OF THE PENAL
LAW, WHEN SUCH PERSON IS ACTING IN GOOD FAITH AND IN THE PERFORMANCE OF
THEIR DUTIES. FOR THE PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED
TO BE ACTING IN GOOD FAITH IF THE NAME AND ADDRESS OR NAME AND APPROXI-
MATE ADDRESS BASED ON ZIP CODE OF THE VOTER REFUSED ADMISSION APPEARS ON
A LIST OF LEVEL TWO OR LEVEL THREE SEX OFFENDERS PROVIDED BY A BOARD OF
ELECTIONS OR THE DIVISION OF CRIMINAL JUSTICE SERVICES.
2. IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY CHARGE OF VIOLATING THE
ELECTIVE FRANCHISE OF A VOTER BASED UPON THE REFUSING OF ADMITTANCE OF A
LEVEL TWO OR LEVEL THREE SEX OFFENDER TO A POLLING PLACE WHICH IS OR IS
WITHIN A SCHOOL OR FACILITY FOR CHILDREN AS THOSE TERMS ARE DEFINED IN
SECTION 145.75 OF THE PENAL LAW, THAT THE NAME AND ADDRESS OR NAME AND
APPROXIMATE ADDRESS BASED ON ZIP CODE OF THE VOTER REFUSED ADMISSION
APPEARS ON A LIST OF LEVEL TWO OR LEVEL THREE SEX OFFENDERS PROVIDED BY
A BOARD OF ELECTIONS OR THE DIVISION OF CRIMINAL JUSTICE SERVICES.
§ 8. This act shall take effect immediately and shall apply to
elections held on and after January 1, 2026. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.