BILL NUMBER:  S2444

 TITLE OF BILL :
An act to amend the election law, in relation to increasing penalties
for violations of the elective franchise


 PURPOSE :
Increases the penalties for violations of the electoral franchise
statutes contained in Article seventeen of the Election Law.

 SUMMARY OF PROVISIONS :
Section one amends Election Law section 17-166 to clarify and increase
penalties for violations of any statute contained within the article.

Section two states that the act shall take effect on the first of
November next succeeding the date on which it shall have became a law.

 EXISTING LAW :
Existing law simply states that a violation of article 17 results in
conviction as a misdemeanor, with subsequent violations resulting in
conviction of a felony. Different classes for said crimes are not
enumerated within the statute.

 JUSTIFICATION :
Unfortunately, and all too often, violations of the electoral
              

franchise go ignored and unnoticed. In the rare cases when
investigations or criminal charges are brought forth against people
who have attempted to obstruct the will of the voters, the local
district attorney is constrained by the lax penalties he or she can
prosecute on as set forth in the election law.

Current law does not specify which class of misdemeanor a person
should be charged under for violation of a statute contained in
article 17 of the election law. Nor does the law differentiate between
different classes of felonies for those who are found to have
repeatedly violated the provisions of the article. This bill would
clarify the charges a person could be found guilty of under this
section of law and increase penalties for those who are found to have
repeatedly violated the electoral franchise, giving law enforcement
more power in prosecuting these important matters.

 LEGISLATIVE HISTORY :
2007-2008:  S.3930 - Died Elections

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November, next succeeding
the date on which it shall have become law.