NY State Senate Bill 2017-S2952

Senate Bill S2952

2017-2018 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 Elections 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
Jan 03, 2018	referred to elections
May 01, 2017	reported and committed to codes
Mar 13, 2017	notice of committee consideration - requested
Jan 18, 2017	referred to elections

Votes

- May 1, 2017 - Elections Committee Vote
  S2952
  
  4
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 1, 2017
      
      aye (4)
      
      Avella
      
      Comrie
      
      Dilan
      
      Krueger
      
      aye wr (5)
      
      Akshar
      
      Amedore
      
      Gallivan
      
      Marchione
      
      Tedisco

co-Sponsors

View additional co-sponsors

2017-S2952 (ACTIVE) - Details

Current Committee:: Senate Elections
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
2011-2012: S1009
2013-2014: S676
2015-2016: S2352
2019-2020: S5758
2021-2022: S1032
2023-2024: S263

2017-S2952 (ACTIVE) - Summary

Makes the suppression of voters a civil violation.

2017-S2952 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2952

 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
2015-16: S.2375 - Died in Elections Committee

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2952 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2952
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sens.  STEWART-COUSINS,  BRESLIN,  BROOKS, COMRIE, DIAZ,
   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".
   § 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

 S. 2952                             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.

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Senate Bill S2952

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Sponsored By

Andrea Stewart-Cousins

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Neil D. Breslin

John E. Brooks

Leroy Comrie

Michael Gianaris

2017-S2952 (ACTIVE) - Details

2017-S2952 (ACTIVE) - Summary

2017-S2952 (ACTIVE) - Sponsor Memo

2017-S2952 (ACTIVE) - Bill Text download pdf

Comments