S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8487
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the penal law, the election law and the general business
   law,  in  relation to the crime of criminal impersonation in the first
   degree and fraud in connection with  a  primary  election,  caucus  or
   convention;  and  to  repeal  certain  provisions  of the election law
   relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 190.26 of the penal law, as added
 by chapter 2 of the laws of 1998, is amended to read as follows:
   3. Pretending to be a duly licensed physician or other person  author-
 ized  to  issue  a prescription for any drug or any instrument or device
 used in the taking or administering of drugs for which a prescription is
 required by law, communicates to a pharmacist an oral prescription which
 is required to be reduced to writing pursuant  to  section  thirty-three
 hundred thirty-two of the public health law; OR
   4.  PRETENDS  TO  BE  AN  ELECTED OFFICIAL OR CANDIDATE FOR AN ELECTED
 OFFICE AND ACTS BY IMPERSONATING SUCH AN ELECTED OFFICIAL, OR  CANDIDATE
 OR  CAMPAIGN  FOR  SUCH  AN ELECTED OFFICE, BY COMMUNICATION BY INTERNET
 WEBSITE OR ELECTRONIC MEANS, WITH INTENT TO OBTAIN A BENEFIT  OR  INJURE
 OR DEFRAUD ANOTHER.
   §  2.  Subdivision 5 of section 17-102 of the election law is REPEALED
 and subdivisions 6, 7, 8, 9, 10, 11, 12 and 13 are  renumbered  subdivi-
 sions 5, 6, 7, 8, 9, 10, 11 and 12.
   §  3.  The  election  law is amended by adding a new section 17-101 to
 read as follows:
   § 17-101. FRAUD IN CONNECTION  WITH  A  PRIMARY  ELECTION,  CAUCUS  OR
 CONVENTION.  1.  ANY  PERSON WHO FRAUDULENTLY OR WRONGFULLY PERFORMS ANY
 ACT OR ATTEMPTS TO PERFORM ANY ACT TENDING TO AFFECT THE RESULT  OF  ANY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13341-01-9
              

 A. 8487                             2
 
 PRIMARY  ELECTION,  CAUCUS  OR  CONVENTION, SHALL BE GUILTY OF A CLASS E
 FELONY.
   2.  A  PERSON  WHO  FRAUDULENTLY  OR  WRONGFULLY  PERFORMS  ANY ACT OR
 ATTEMPTS TO PERFORM ANY ACT TENDING TO AFFECT THE RESULT OF ANY  PRIMARY
 ELECTION,  CAUCUS OR CONVENTION SHALL ALSO BE SUBJECT TO A CIVIL PENALTY
 FOR EACH VIOLATION. THE STATE BOARD OF ELECTIONS SHALL HAVE AUTHORITY TO
 IMPOSE ANY SUCH CIVIL PENALTY FOR A VIOLATION OF SUBDIVISION ONE OF THIS
 SECTION.
   § 4. The election law is amended by adding a new  section  3-104-b  to
 read as follows:
   §  3-104-B.  POWERS  AND  AUTHORITY;  CERTAIN IMPERSONATION OF ELECTED
 OFFICIALS AND OTHER FRAUD. 1. THE STATE BOARD OF  ELECTIONS  SHALL  HAVE
 THE RIGHT TO SEEK INJUNCTIVE RELIEF TO REQUIRE A SOCIAL MEDIA COMPANY TO
 IMMEDIATELY CEASE AND DESIST OPERATIONS WHERE THERE IS REASON TO BELIEVE
 THAT  SUCH SOCIAL MEDIA COMPANY HAS FAILED TO ADDRESS A COMPLAINT BY ANY
 ELECTED OFFICIAL OR  CANDIDATE  FOR  ELECTED  OFFICE  ALLEGING  CRIMINAL
 IMPERSONATION  IN THE FIRST DEGREE UNDER SECTION 190.26 OF THE PENAL LAW
 OR FRAUD IN CONNECTION WITH ANY PRIMARY ELECTION, CAUCUS  OR  CONVENTION
 UNDER SECTION 17-101 OF THIS CHAPTER.
   2.  THE  STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL SHALL HAVE
 INDEPENDENT AUTHORITY TO INVESTIGATE ALLEGATIONS OR CLAIMS OF  ANY  SUCH
 ALLEGATION  OR  CLAIM,  INCLUDING SUBPOENA POWERS AND TO ISSUE CEASE AND
 DESIST ORDERS TO THE RELEVANT SOCIAL MEDIA COMPANIES UPON PROOF OF  SUCH
 IMPERSONATION OR FRAUDULENT OR WRONGFUL ACT.
   § 5. The general business law is amended by adding a new section 392-k
 to read as follows:
   §  392-K.  CLOSURE  OF  CERTAIN  SOCIAL MEDIA ACCOUNTS. A SOCIAL MEDIA
 COMPANY THAT RECEIVES A COMPLAINT ALLEGING CRIMINAL IMPERSONATION IN THE
 FIRST DEGREE OR CLAIMING FRAUD IN CONNECTION WITH ANY PRIMARY  ELECTION,
 CAUCUS  OR CONVENTION IN VIOLATION OF SECTION 17-101 OF THE ELECTION LAW
 SHALL CLOSE ANY SUCH IMPERSONATED OR FRAUDULENT ACCOUNT  WITHIN  TWENTY-
 FOUR  HOURS OF SUCH NOTIFICATION. SOCIAL MEDIA COMPANIES SHALL ESTABLISH
 PRACTICAL MECHANISMS FOR CLOSING ANY SUCH SOCIAL  MEDIA  ACCOUNT  WITHIN
 SUCH TIME FRAME.
   § 6. This act shall take effect immediately.