S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3524
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, the election law and the education law,
   in relation to voting by level two or level three sex offenders
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The penal law is amended by adding two new sections 145.75
 and 145.80 to read as follows:
 § 145.75 UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL  OR  FACILITY  FOR
            CHILDREN FOR THE PURPOSES OF VOTING IN THE SECOND DEGREE.
   1.  A PERSON IS GUILTY OF UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL
 OR FACILITY FOR CHILDREN FOR  THE  PURPOSES  OF  VOTING  IN  THE  SECOND
 DEGREE,  WHEN  BEING  A LEVEL TWO OR LEVEL THREE SEX OFFENDER, HE OR SHE
 ENTERS OR REMAINS IN A SCHOOL OR FACILITY FOR CHILDREN FOR THE  PURPOSES
 OF  CASTING  A  BALLOT  OR OTHERWISE VOTING DURING ANY PRIMARY, GENERAL,
 SPECIAL, SCHOOL DISTRICT OR OTHER ELECTION IN  WHICH  RESIDENTS,  REGIS-
 TERED OR QUALIFIED VOTERS ARE ENTITLED TO CAST BALLOTS.
   2. FOR THE PURPOSES OF THIS SECTION: (A) "LEVEL TWO OR LEVEL THREE SEX
 OFFENDER"  SHALL  MEAN A PERSON REGISTERED OR REQUIRED TO REGISTER UNDER
 SECTION ONE HUNDRED SIXTY-EIGHT-F OF THE CORRECTION LAW WHO HAS RECEIVED
 A LEVEL TWO OR LEVEL THREE DESIGNATION PURSUANT TO SECTION  ONE  HUNDRED
 SIXTY-EIGHT-L  OF  THE  CORRECTION  LAW; AND (B) "SCHOOL OR FACILITY FOR
 CHILDREN" SHALL MEAN A  BUILDING,  STRUCTURE,  ATHLETIC  PLAYING  FIELD,
 PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A
 PUBLIC  OR  PRIVATE  ELEMENTARY,  PAROCHIAL,  INTERMEDIATE, JUNIOR HIGH,
 VOCATIONAL, OR HIGH SCHOOL, OR ANY OTHER FACILITY OR INSTITUTION  PRIMA-
 RILY USED FOR THE CARE OR TREATMENT OF PERSONS UNDER THE AGE OF EIGHTEEN
 WHILE ONE OR MORE OF SUCH PERSONS UNDER THE AGE OF EIGHTEEN ARE PRESENT.
   UNLAWFULLY  ENTERING OR REMAINING IN A SCHOOL OR FACILITY FOR CHILDREN
 FOR THE PURPOSES OF VOTING IN THE SECOND DEGREE IS A CLASS  A  MISDEMEA-
 NOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02355-01-9

 A. 3524                             2
 
 §  145.80  UNLAWFULLY  ENTERING OR REMAINING IN A SCHOOL OR FACILITY FOR
            CHILDREN FOR THE PURPOSES OF VOTING IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL OR
 FACILITY FOR CHILDREN FOR THE PURPOSES OF VOTING  IN  THE  FIRST  DEGREE
 WHEN  HE OR SHE COMMITS THE CRIME OF UNLAWFULLY ENTERING OR REMAINING IN
 A SCHOOL OR FACILITY FOR CHILDREN FOR THE  PURPOSES  OF  VOTING  IN  THE
 SECOND DEGREE, HAVING PREVIOUSLY BEEN CONVICTED OF SUCH CRIME WITHIN THE
 PRECEDING TEN YEARS.
   UNLAWFULLY  ENTERING OR REMAINING IN A SCHOOL OR FACILITY FOR CHILDREN
 FOR THE PURPOSES OF VOTING IN THE FIRST DEGREE IS A CLASS E FELONY.
   § 2. Paragraph (d) of subdivision 1 of section 8-400 of  the  election
 law,  as amended by chapter 63 of the laws of 2010, is amended and a new
 paragraph (e) is added to read as follows:
   (d) absent from his or her voting  residence  because  he  or  she  is
 detained  in  jail awaiting action by a grand jury or awaiting trial, or
 confined in jail or prison after a conviction for an offense other  than
 a  felony,  provided that he or she is qualified to vote in the election
 district of his or her residence[.]; OR
   (E) PROHIBITED FROM APPEARING PERSONALLY AT THE POLLING PLACE  OF  THE
 ELECTION  DISTRICT IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE HE OR
 SHE IS A LEVEL TWO OR LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE IS
 LOCATED ON OR WITHIN A SCHOOL OR FACILITY FOR CHILDREN  AS    THE  TERMS
 "LEVEL  TWO  AND  LEVEL  THREE SEX OFFENDER" AND "SCHOOL OR FACILITY FOR
 CHILDREN" ARE DEFINED IN SECTION 145.75 OF THE PENAL LAW.
   § 3. Subparagraph (iv) of paragraph (c) of subdivision  3  of  section
 8-400 of the election law, as amended by chapter 63 of the laws of 2010,
 is amended and a new subparagraph (v) is added to read as follows:
   (iv)  detained  in  jail  awaiting  action by a grand jury or awaiting
 trial or confined in jail or prison after a conviction  for  an  offense
 other than a felony and stating the place where he or she is so detained
 or confined[.]; OR
   (V)  PROHIBITED  FROM APPEARING PERSONALLY AT THE POLLING PLACE OF THE
 ELECTION DISTRICT IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE HE  OR
 SHE IS A LEVEL TWO OR LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE IS
 LOCATED  ON  OR  WITHIN  A  SCHOOL OR FACILITY FOR CHILDREN AS THE TERMS
 "LEVEL TWO AND LEVEL THREE SEX OFFENDER" AND  "SCHOOL  OR  FACILITY  FOR
 CHILDREN" ARE DEFINED IN SECTION 145.75 OF THE PENAL LAW.
   §  4.  Section  8-400  of  the election law is amended by adding a new
 subdivision 11 to read as follows:
   11. SIXTY DAYS BEFORE EACH  ELECTION  THE  BOARD  OF  ELECTIONS  SHALL
 COMPILE A LIST OF ALL LEVEL TWO AND LEVEL THREE REGISTERED SEX OFFENDERS
 ENTITLED  TO RECEIVE ABSENTEE BALLOTS PURSUANT TO THE PROVISIONS OF THIS
 SECTION. THE BOARD OF ELECTIONS SHALL, BY MAIL  ADDRESSED  TO  SUCH  SEX
 OFFENDER  AT  HIS OR HER REGISTERED ADDRESS, SEND AN ABSENTEE BALLOT FOR
 THE ENSUING ELECTION TO SUCH PERSON IN THE SAME MANNER  AS  PROVIDED  IN
 THIS  SECTION  FOR  A  QUALIFIED  VOTER  ENTITLED  TO AN ABSENTEE BALLOT
 BECAUSE OF ILLNESS OR DISABILITY.
   § 5. Subdivision 2 of section 2018-a of the education law, as added by
 chapter 219 of the laws of 1978, paragraphs a and b as amended by  chap-
 ter 136 of the laws of 1991, paragraph c as amended by chapter 26 of the
 laws  of  1994, paragraph d as amended by chapter 72 of the laws of 1988
 and paragraph g as amended by chapter  825  of  the  laws  of  1984,  is
 amended to read as follows:
   2.  a. An applicant for such an absentee ballot shall submit an appli-
 cation setting forth (1) his OR HER name and residence address,  includ-
 ing  the street and number, if any, or town and rural delivery route, if

 A. 3524                             3
 
 any; (2) that he OR SHE is or will be, on the day of the school district
 election, a qualified voter of the school district in which  he  OR  SHE
 resides  in  that  he  OR SHE is or will be, on such date, over eighteen
 years  of  age,  a  citizen  of  the  United States and has or will have
 resided in the district for thirty days next preceding  such  date;  (3)
 whether  he OR SHE is registered in the district; AND (4) that he OR SHE
 will be unable to appear to vote in person on  the  day  of  the  school
 district  election for which the absentee ballot is requested because he
 OR SHE is, or will be on such day (a) a patient in a hospital, or unable
 to appear personally at the polling place on such day because of illness
 or physical disability [or]; (b) because his OR HER duties,  occupation,
 business, or studies will require him OR HER to be outside of the county
 or  city  of  his OR HER residence on such day[,]; (c) because he OR SHE
 will be on vacation outside the county or city of his OR  HER  residence
 on  such  day;  [or,] (d) absent from his voting residence because he OR
 SHE is detained in jail awaiting action by  a  grand  jury  or  awaiting
 trial  or  is  confined  in prison after conviction for an offense other
 than a felony; OR (E) PROHIBITED FROM APPEARING PERSONALLY AT THE  POLL-
 ING  PLACE  OF  THE  ELECTION DISTRICT IN WHICH HE OR SHE IS A QUALIFIED
 VOTER BECAUSE HE OR SHE IS A LEVEL TWO OR LEVEL THREE SEX  OFFENDER  AND
 SUCH  POLLING  PLACE  IS  LOCATED  ON OR WITHIN A SCHOOL OR FACILITY FOR
 CHILDREN AS THE TERMS "LEVEL TWO  AND  LEVEL  THREE  SEX  OFFENDER"  AND
 "SCHOOL  OR  FACILITY FOR CHILDREN" ARE DEFINED IN SECTION 145.75 OF THE
 PENAL LAW.
   Such application must be received by the district clerk at least seven
 days before the election if the ballot is to be mailed to the voter,  or
 the day before the election, if the ballot is to be delivered personally
 to the voter.
   b. (1) Where such duties, occupation, business, or studies are of such
 a  nature  as ordinarily to require such absence, a brief description of
 such duties, occupation, business, or studies shall be set forth in such
 application. (2) Where such duties, occupation, business, or studies are
 not of such a nature as ordinarily to require such absence, such  appli-
 cation shall contain a statement of the special circumstances on account
 of which such absence is required.
   c.  Where  the applicant expects in good faith to be absent on the day
 of the election because he OR SHE will be on vacation elsewhere on  such
 day,  such application shall also contain the dates upon which he OR SHE
 expects to begin and end such vacation, the place or places where he  OR
 SHE  expects  to be on such vacation, the name and address of his OR HER
 employer, if any, and if self-employed or retired, a statement  to  that
 effect.
   d.  Where  the absence is because of detention or confinement to jail,
 such application shall state whether  the  voter  is  detained  awaiting
 action  of the grand jury or is confined after conviction for an offense
 other than a felony.
   e. WHERE THE APPLICANT INDICATES HE OR SHE IS PROHIBITED FROM  APPEAR-
 ING PERSONALLY AT THE POLLING PLACE OF THE ELECTION DISTRICT IN WHICH HE
 OR  SHE  IS  A QUALIFIED VOTER BECAUSE HE OR SHE IS A LEVEL TWO OR LEVEL
 THREE SEX OFFENDER AND SUCH POLLING PLACE IS  LOCATED  ON  OR  WITHIN  A
 SCHOOL  OR FACILITY FOR CHILDREN AS THE TERMS "LEVEL TWO AND LEVEL THREE
 SEX OFFENDER" AND "SCHOOL OR  FACILITY  FOR  CHILDREN"  ARE  DEFINED  IN
 SECTION  145.75 OF THE PENAL LAW SUCH APPLICATION SHALL STATE WHETHER OR
 NOT THE VOTER IS CURRENTLY UNDER A SENTENCE OF IMPRISONMENT FOR A FELONY
 OR ON PAROLE.

 A. 3524                             4
 
   F. Where a person is or would be, if he OR SHE were a qualified voter,
 entitled to apply for the right to vote by  absentee  ballot  under  the
 provisions  of  this  section,  his OR HER spouse, parent or child, if a
 qualified voter and a resident of the same  school  district,  shall  be
 entitled to vote as an absentee voter upon personally making and signing
 an  application  in  accordance  with  the  preceding provisions of this
 subdivision and showing that he OR SHE expects to  be  absent  from  the
 school  district on the day of the school district election by reason of
 accompanying or being with the spouse, child or parent who is  or  would
 be,  if  he  OR SHE were a qualified voter, so entitled to apply for the
 right to vote by absentee ballot, and, in the event  no  application  is
 made  by  such  spouse, child or parent, such further information as the
 board of registration shall require.
   [f.] G. Such application shall include the following statement  to  be
 signed by the voter.
   I hereby declare that the foregoing is a true statement to the best of
 my  knowledge  and  belief, and I understand that if I make any material
 false statement in the foregoing statement of application  for  absentee
 ballots, I shall be guilty of a misdemeanor.
 
 Date.....................Signature of Voter ............................
 
   [g.] H. An applicant whose ability to appear personally at the polling
 place  of the school district of which he OR SHE is a qualified voter is
 substantially impaired by reason of permanent illness or physical  disa-
 bility  and whose registration record has been marked "permanently disa-
 bled" by the board of  elections  pursuant  to  the  provisions  of  the
 election law shall be entitled to receive an absentee ballot pursuant to
 the  provisions  of this section without making separate application for
 such absentee ballot, and the board of registration upon  being  advised
 by  the board of elections on or with the list of registered voters that
 the registration record of a  voter  is  marked  "permanently  disabled"
 shall  send  an  absentee  ballot to such voter at his OR HER last known
 address with a request to the postal authorities not to forward same but
 to return same in five days in the event that it cannot be delivered  to
 the  addressee.  The  board  of  education  shall determine whether such
 ballot shall be sent by first class  or  by  certified  mail.  All  such
 ballots shall be mailed in the same manner as determined by the board of
 education.  The board of registration shall make an appropriate entry on
 the registration indicating the fact that an absentee  ballot  has  been
 sent and the date of mailing.
   §  6. Subdivision 2 of section 2018-b of the education law, as amended
 by chapter 46 of the laws of 1992 and paragraph c as amended by  chapter
 26 of the laws of 1994, is amended to read as follows:
   2.  a. An applicant for such an absentee ballot shall submit an appli-
 cation setting forth (1) his OR HER name and residence address,  includ-
 ing  the street and number, if any, or town and rural delivery route, if
 any; (2) that he OR SHE is or will be, on the day of the school district
 election, a qualified voter of the school district in which  he  OR  SHE
 resides  in  that  he  OR SHE is or will be, on such date, over eighteen
 years of age, a citizen of the  United  States  and  has  or  will  have
 resided  in  the  district for thirty days next preceding such date; AND
 (3) that he OR SHE will be unable to appear to vote in person on the day
 of the school  district  election  for  which  the  absentee  ballot  is
 requested  because he OR SHE is, or will be on such day (a) a patient in
 a hospital, or unable to appear personally at the polling place on  such

 A. 3524                             5
 
 day  because  of illness or physical disability [or]; (b) because his OR
 HER duties, occupation, business, or studies will require him OR HER  to
 be  outside  of  the county or city of his residence on such day[,]; (c)
 because  he OR SHE will be on vacation outside the county or city of his
 OR HER residence on such day; [or,] (d) absent from his  OR  HER  voting
 residence  because  he  OR  SHE is detained in jail awaiting action by a
 grand jury or awaiting trial or is confined in prison  after  conviction
 for  an  offense  other  than a felony; OR (E) PROHIBITED FROM APPEARING
 PERSONALLY AT THE POLLING PLACE OF THE ELECTION DISTRICT IN WHICH HE  OR
 SHE IS A QUALIFIED VOTER BECAUSE HE OR SHE IS A LEVEL TWO OR LEVEL THREE
 SEX  OFFENDER AND SUCH POLLING PLACE IS LOCATED ON OR WITHIN A SCHOOL OR
 FACILITY FOR CHILDREN AS THE TERMS "LEVEL TWO AND LEVEL THREE SEX OFFEN-
 DER" AND "SCHOOL OR FACILITY FOR CHILDREN" ARE DEFINED IN SECTION 145.75
 OF THE PENAL LAW.
   Such application must be received by the district clerk or designee of
 the trustees or school board at least seven days before the election  if
 the ballot is to be mailed to the voter, or the day before the election,
 if the ballot is to be delivered personally to the voter.
   b. (1) Where such duties, occupation, business, or studies are of such
 a  nature  as ordinarily to require such absence, a brief description of
 such duties, occupation, business, or studies shall be set forth in such
 application.
   (2) Where such duties, occupation, business, or  studies  are  not  of
 such  a  nature  as ordinarily to require such absence, such application
 shall contain a statement of the special  circumstances  on  account  of
 which such absence is required.
   c.  Where  the applicant expects in good faith to be absent on the day
 of the election because he OR SHE will be on vacation elsewhere on  such
 day,  such application shall also contain the dates upon which he OR SHE
 expects to begin and end such vacation, the place or places where he  OR
 SHE  expects  to be on such vacation, the name and address of his OR HER
 employer, if any, and if self-employed or retired, a statement  to  that
 effect.
   d.  Where  the absence is because of detention or confinement to jail,
 such application shall state whether  the  voter  is  detained  awaiting
 action  of the grand jury or is confined after conviction for an offense
 other than a felony.
   e.  WHERE THE APPLICANT INDICATES THAT HE OR SHE  IS  PROHIBITED  FROM
 APPEARING  PERSONALLY  AT  THE POLLING PLACE OF THE ELECTION DISTRICT IN
 WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE HE OR SHE IS A LEVEL TWO OR
 LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE IS LOCATED ON OR  WITHIN
 A  SCHOOL  OR  FACILITY  FOR  CHILDREN AS THE TERMS "LEVEL TWO AND LEVEL
 THREE SEX OFFENDER" AND "SCHOOL OR FACILITY FOR CHILDREN" ARE DEFINED IN
 SECTION 145.75 OF THE PENAL LAW SUCH APPLICATION SHALL STATE WHETHER  OR
 NOT THE VOTER IS CURRENTLY UNDER A SENTENCE OF IMPRISONMENT FOR A FELONY
 OR ON PAROLE.
   F. Where a person is or would be, if he OR SHE were a qualified voter,
 entitled  to  apply  for  the right to vote by absentee ballot under the
 provisions of this section, his OR HER spouse, parent  or  child,  if  a
 qualified  voter  and  a  resident of the same school district, shall be
 entitled to vote as an absentee voter upon personally making and signing
 an application in accordance  with  the  preceding  provisions  of  this
 subdivision  and  showing  that  he OR SHE expects to be absent from the
 school district on the day of the school district election by reason  of
 accompanying  or  being with the spouse, child or parent who is or would
 be, if he OR SHE were a qualified voter, so entitled to  apply  for  the

 A. 3524                             6
 
 right  to  vote  by absentee ballot, and, in the event no application is
 made by such spouse, child or parent, such further  information  as  the
 clerk of the school district or designee of the trustees or school board
 shall require.
   [f.]  G.  Such application shall include the following statement to be
 signed by the voter.
 
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false  statement  in the foregoing statement of application for absentee
 ballots, I shall be guilty of a misdemeanor.
 
 Date......................Signature of Voter ...........................
 
   [g.] H. The clerk of the school district or a designee of the trustees
 or school board shall request  registration  lists  from  the  board  of
 elections pursuant to subdivision three of section 5-612 of the election
 law  for  those voters whose registration record has been marked "perma-
 nently disabled". An applicant whose ability to appear personally at the
 polling place of the school district of which he OR SHE is  a  qualified
 voter  is substantially impaired by reason of permanent illness or phys-
 ical disability and whose registration record has  been  marked  "perma-
 nently disabled" as determined by the board of elections pursuant to the
 provisions  of this chapter and who has previously applied for an absen-
 tee ballot shall be entitled  to  receive  subsequent  absentee  ballots
 pursuant  to  the  provisions  of  this  section without making separate
 application for such absentee  ballot,  and  the  clerk  of  the  school
 district  or  a  designee  of the trustees or school board shall send an
 absentee ballot to such voter at his OR HER last known  address  with  a
 request to the postal authorities not to forward same but to return same
 in  five days in the event that it cannot be delivered to the addressee.
 The clerk of the school district or a designee of the trustees or school
 board shall determine whether such ballot shall be sent by  first  class
 or  by  certified  mail.  All  such  ballots shall be mailed in the same
 manner as determined by the trustees or the board of education.
   § 7. The election law is amended by adding a  new  section  17-172  to
 read as follows:
   §  17-172. IMMUNITY AND DEFENSE FOR POLL WORKERS AND OTHERS RELATED TO
 ADMITTANCE OF SEX OFFENDERS TO POLLING PLACES. 1.  NO  PERSON  SHALL  BE
 CIVILLY LIABLE FOR REFUSING ADMITTANCE OF A LEVEL TWO OR LEVEL THREE SEX
 OFFENDER  TO  A POLLING PLACE WHICH IS OR IS WITHIN A SCHOOL OR FACILITY
 FOR CHILDREN AS THOSE TERMS ARE DEFINED IN SECTION 145.75 OF  THE  PENAL
 LAW,  WHEN SUCH PERSON IS ACTING IN GOOD FAITH AND IN THE PERFORMANCE OF
 THEIR DUTIES. FOR THE PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED
 TO BE ACTING IN GOOD FAITH IF THE NAME AND ADDRESS OR NAME AND  APPROXI-
 MATE ADDRESS BASED ON ZIP CODE OF THE VOTER REFUSED ADMISSION APPEARS ON
 A  LIST OF LEVEL TWO OR LEVEL THREE SEX OFFENDERS PROVIDED BY A BOARD OF
 ELECTIONS OR THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   2. IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY CHARGE OF  VIOLATING  THE
 ELECTIVE FRANCHISE OF A VOTER BASED UPON THE REFUSING OF ADMITTANCE OF A
 LEVEL  TWO OR LEVEL THREE SEX OFFENDER TO A POLLING PLACE WHICH IS OR IS
 WITHIN A SCHOOL OR FACILITY FOR CHILDREN AS THOSE TERMS ARE  DEFINED  IN
 SECTION  145.75  OF THE PENAL LAW, THAT THE NAME AND ADDRESS OR NAME AND
 APPROXIMATE ADDRESS BASED ON ZIP CODE OF  THE  VOTER  REFUSED  ADMISSION
 APPEARS  ON A LIST OF LEVEL TWO OR LEVEL THREE SEX OFFENDERS PROVIDED BY
 A BOARD OF ELECTIONS OR THE DIVISION OF CRIMINAL JUSTICE SERVICES.

 A. 3524                             7

   § 8. This act  shall  take  effect  immediately  and  shall  apply  to
 elections  held  on  and  after January 1, 2020, provided that the state
 board of elections shall be authorized to promulgate  any  rules,  regu-
 lations,  forms, or notices required to carry out the provisions of this
 act prior to such effective date.