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

                                  2627

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of A. KAVANAGH, BROOK-KRASNY, CASTRO, CLARK, COLTON,
  DINOWITZ, GALEF, LIFTON, MILLMAN, O'DONNELL, PERRY,  ROSENTHAL,  SCHI-
  MEL,  STEVENSON, WRIGHT, WEPRIN, LUPARDO, JAFFEE -- Multi-Sponsored by
  --  M.   of   A.   BOYLAND,   BRENNAN,   CRESPO,   GUNTHER,   HEASTIE,
  PEOPLES-STOKES, ROBINSON, TITONE, WEISENBERG -- read once and referred
  to the Committee on Election Law

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02483-01-3
              

A. 2627                             2

GENERAL, PRIMARY, RUN-OFF, OR SPECIAL ELECTION FOR ANY  STATE  OR  LOCAL
OFFICE OR BALLOT PROPOSITION.
  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.