S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3122
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced  by  M.  of  A.  KAVANAGH,  COLTON,  DINOWITZ, GALEF, LIFTON,
   O'DONNELL, PERRY, ROSENTHAL, WEPRIN, LUPARDO,  JAFFEE  --  Multi-Spon-
   sored  by -- M. of A.  CRESPO, GUNTHER, PEOPLES-STOKES, TITONE -- 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".
   § 2. The election law is amended by adding a  new  section  17-151  to
 read as follows:
   §  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.
              

                                                            LBD02753-01-7

 A. 3122                             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.
   §  3.  The  election  law is amended by adding a new section 17-153 to
 read as follows:
   § 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.
   § 4. Section 17-166 of the election law is amended to read as follows:
   §  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.
   § 5. This act shall take effect immediately.