NY State Senate Bill 2019-S5758A

Senate Bill S5758A

2019-2020 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to elections
Jun 11, 2019	print number 5758a
Jun 11, 2019	amend and recommit to elections
May 14, 2019	referred to elections

Bill Amendments

Original

A (Active)

2019-S5758 - Details

See Assembly Version of this Bill:: A7972
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, A9250
2011-2012: S1009, A5915
2013-2014: S676, A2627
2015-2016: S2352, A5841
2017-2018: S2952, A3122
2021-2022: S1032, A9555
2023-2024: S263, A8608

2019-S5758 - Summary

Makes the suppression of voters a civil violation.

2019-S5758 - Sponsor Memo

                                
 
BILL NUMBER: S5758

SPONSOR: STEWART-COUSINS
 
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 penal-
ties 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 poll-
ing 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 thou-
sand 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 mill-
ing 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 stat-
ute that would directly address and hold people accountable for inten-
tionally 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 toler-
ated 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
2017-18: S.2952- Died in Elections Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5758 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5758
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- 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.
   3. ANY PERSON AGGRIEVED BY A VIOLATION  OF  SUBDIVISION  ONE  OF  THIS
 SECTION  MAY  INSTITUTE  A  CIVIL  ACTION OR OTHER PROPER PROCEEDING FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05069-01-9

 S. 5758                             2
 
 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.

co-Sponsors

2019-S5758A (ACTIVE) - Details

See Assembly Version of this Bill:: A7972
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, A9250
2011-2012: S1009, A5915
2013-2014: S676, A2627
2015-2016: S2352, A5841
2017-2018: S2952, A3122
2021-2022: S1032, A9555
2023-2024: S263, A8608

2019-S5758A (ACTIVE) - Summary

Makes the suppression of voters a civil violation.

2019-S5758A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5758A

SPONSOR: STEWART-COUSINS
 
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 penal-
ties 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 poll-
ing 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 thou-
sand 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 mill-
ing 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 stat-
ute that would directly address and hold people accountable for inten-
tionally 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 toler-
ated 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 2017-
18: S.2952 - Died in Elections Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5758A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5758--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Elections  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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.

                                                            LBD05069-02-9

 S. 5758--A                          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,  UNLESS  OTHERWISE PROVIDED BY LAW.   Any person who,
 having been convicted of a misdemeanor under this article, shall  there-
 after  be  convicted of another misdemeanor under this article, shall be
 guilty of a CLASS E felony. FOR ANY SUBSEQUENT OFFENSE, HE OR SHE  SHALL
 BE GUILTY OF A CLASS D FELONY.
   § 5. This act shall take effect immediately.

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