NY State Senate Bill 2015-S2352

Senate Bill S2352

2015-2016 Legislative Session

Prohibits deceptive practices and the suppression of voters, and increases penalties for violations of the elective franchise

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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
May 09, 2016	reported and committed to codes
Mar 07, 2016	notice of committee consideration - requested
Jan 06, 2016	referred to elections
Jan 22, 2015	referred to elections

Votes

- May 9, 2016 - Elections Committee Vote
  S2352
  
  5
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 9, 2016
      
      aye (5)
      
      Amedore
      
      Avella
      
      Comrie
      
      Dilan
      
      Krueger
      
      aye wr (3)
      
      Akshar
      
      Gallivan
      
      Marchione
      
      excused (1)
      
      Nozzolio

co-Sponsors

View additional co-sponsors

2015-S2352 (ACTIVE) - Details

See Assembly Version of this Bill:: A5841
Current Committee:: Senate Codes
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, A9250
2011-2012: S1009, A5915
2013-2014: S676, A2627
2017-2018: S2952, A3122
2019-2020: S5758, A7972
2021-2022: S1032, A9555
2023-2024: S263, A8608

2015-S2352 (ACTIVE) - Summary

Makes the suppression of voters a civil violation.

2015-S2352 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2352

TITLE  OF  BILL:    An  act  to amend the election law, in relation to
prohibiting the suppression of voters

PURPOSE:

This bill would create a new electoral  crime  of  voter  suppression,
punishable as a misdemeanor

SUMMARY OF PROVISIONS:

Section  1  of the bill cites this act as "the deceptive practices and
voter suppression act.

Section 2 amends article seventeen of the election law by adding a new
section  17-151,  creating  the  crime  of  deceptive  practices   and
providing penalties therefor.

Section  3 of the bill amends the election law by adding a new section
17-153, creating the crime of  suppression  of  voters  and  providing
penalties therefor.

Section  4  of  the  bill  amends Section 17-166 to include any person
convicted of a felony under this article shall be convicted of a class
E felony.

Section 5 is the immediate effective date.

JUSTIFICATION:

Unfortunately, even in the twenty first century voter  suppression  is
an  all  too  real  reality  in  this state. While sometimes it occurs
subtly, oftentimes the effort is much more pronounced and  widespread.
Most  recently,  attempts  to  suppress  the vote were documented in a
recent election in New York State. In that race, documented efforts to
suppress minority voters were captured by attorneys present in many of
the polling  locations.  Some  of  the  suppressive  actions  reported
included an armed man with police shield escorting around alleged poll
watchers   throughout  various  polling  sites  during  voting  hours;
repeated blanket challenges to minority voters at a particular polling
location; gluing down the lever for a candidate on a machine  so  that
no one could vote for that candidate; people blocking the entryways to
select  polling  sites  in  heavily  populated  minority  areas; and a
widespread challenge to nearly 6.000 Democratic voters  who  allegedly
did  not  live where their voter registration information claimed they
did.

In light of the blanket  challenge  to  the  registration  of  several
thousand  voters  prior  to  the  election  and reports from the prior
election for that office alleging widespread  voter  suppression,  the
federal  government,  exercising  their  discretion  pursuant  to  the
federal Voting Rights Act  of  1965,  sent  federal  monitors  to  the
district to oversee the election.

One  reporter from the New York Times who personally witnessed some of
the suppression activities described the situation as "chaotic." In an


editorial printed two days following the election, the reporter stated
that "it appeared there were a dozen or  more  alleged  poll  watchers
milling  about and challenging one voter after another, insisting that
their  signatures  did  not match the ones in the registration books."
Clearly, such suppressive efforts were to slow down the lines to vote,
hoping people would leave and force people to vote on  paper  ballots,
which  could  later  be  subject to scrutiny and judicial review. This
legislation would fill an  important  void  in  the  election  law  by
creating  a  new  statute  that would directly address and hold people
accountable for intentionally suppressing  the  vote.    While  it  is
unfortunate  such  a law is even needed, we as a citizenry must send a
message that actions such as what happened in the situation  described
herein  will  no  longer be tolerated and that from now on, under this
statute, those who seek to suppress the vote will be  held  criminally
accountable.

LEGISLATIVE HISTORY:

2009: New bill
2010: S.2554B - Passed Senate
2011-12: S.1009 - Died in Elections Committee
2013-14: S. 676 - Died in Elections Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2352 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2352

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens. STEWART-COUSINS, BRESLIN, COMRIE, DIAZ, ESPAILLAT,
  HASSELL-THOMPSON, HOYLMAN, PERKINS, SQUADRON -- 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".
  S  2.  The  election  law is amended by adding a new section 17-151 to
read as follows:
  S 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.
                                                           LBD02585-01-5

S. 2352                             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.
  S  3.  The  election  law is amended by adding a new section 17-153 to
read as follows:
  S 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.
  S 4. Section 17-166 of the election law is amended to read as follows:
  S  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. Any person who, having been convicted of a misdemeanor
under this article, shall thereafter be convicted of another misdemeanor
under this article, shall be guilty of a felony.
  ANY PERSON CONVICTED OF A FELONY UNDER THIS ARTICLE SHALL BE CONVICTED
OF  A  CLASS  E FELONY FOR A FIRST OFFENSE AND FOR ANY SUBSEQUENT FELONY
OFFENSE UNDER THIS ARTICLE, A CLASS D FELONY.
  S 5. This act shall take effect immediately.

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