Senate Bill S9006A

2019-2020 Legislative Session

Establishes the crime of voter intimidation or harassment

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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Bill Amendments

co-Sponsors

2019-S9006 - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §240.78, Pen L; amd §5-106, El L
Versions Introduced in 2021-2022 Legislative Session:
S1227

2019-S9006 - Summary

Establishes the crime of voter intimidation or harassment and prohibits persons who have been convicted of such crime from registering for or voting at an election.

2019-S9006 - Sponsor Memo

2019-S9006 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9006
 
                             I N  S E N A T E
 
                            September 25, 2020
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law and  the  election  law,  in  relation  to
   establishing the crime of voter intimidation or harassment
 
   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 a new section 240.78  to
 read as follows:
 § 240.78 VOTER INTIMIDATION OR HARASSMENT.
   A PERSON IS GUILTY OF VOTER INTIMIDATION OR HARASSMENT WHEN HE OR SHE,
 WITH  INTENT  TO  INFLUENCE HOW AN INDIVIDUAL VOTES IN AN ELECTION UNDER
 THE ELECTION LAW OR THE EDUCATION LAW OF THIS STATE:
   1. INTENTIONALLY HARASSES OR INTIMIDATES ANOTHER PERSON BY ENGAGING IN
 A COURSE OF CONDUCT OR BY COMMITTING ACTS WHICH  PLACE  SUCH  PERSON  IN
 REASONABLE FEAR OF PHYSICAL INJURY; OR
   2. THREATENS RETALIATION AGAINST SUCH INDIVIDUAL BASED ON THE INDIVID-
 UAL  VOTING  FOR A CERTAIN CANDIDATE, PROPOSITION OR BALLOT MEASURE. FOR
 THE PURPOSES OF THIS SECTION RETALIATION INCLUDES, BUT  IS  NOT  LIMITED
 TO,  CHANGES  TO  EMPLOYMENT  STATUS,  INCLUDING  CHANGES TO JOB TITLES,
 HOURS, OR WAGES.
   VOTER INTIMIDATION OR HARASSMENT IS A CLASS B MISDEMEANOR.
   § 2. Subdivision 2 of section 5-106 of the election law, as amended by
 chapter 373 of the laws of 1978, is amended to read as follows:
   2. No person who has been convicted of a felony pursuant to  the  laws
 of  this  state OR CONVICTED OF A MISDEMEANOR PURSUANT TO SECTION 240.78
 OF THE PENAL LAW, shall have the right to register for or  vote  at  any
 election unless he shall have been pardoned or restored to the rights of
 citizenship by the governor, or his maximum sentence of imprisonment has
 expired,  or  he has been discharged from parole. The governor, however,
 may attach as a condition to any such pardon a provision that  any  such
 person  shall  not  have  the right of suffrage until it shall have been
 separately restored to him.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S9006A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §240.78, Pen L; amd §5-106, El L
Versions Introduced in 2021-2022 Legislative Session:
S1227

2019-S9006A (ACTIVE) - Summary

Establishes the crime of voter intimidation or harassment and prohibits persons who have been convicted of such crime from registering for or voting at an election.

2019-S9006A (ACTIVE) - Sponsor Memo

2019-S9006A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9006--A
 
                             I N  S E N A T E
 
                            September 25, 2020
                                ___________
 
 Introduced  by  Sens. RITCHIE, BORRELLO, JORDAN, LANZA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the penal law and  the  election  law,  in  relation  to
   establishing the crime of voter intimidation or harassment

   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 a new section 240.78  to
 read as follows:
 § 240.78 VOTER INTIMIDATION OR HARASSMENT.
   A PERSON IS GUILTY OF VOTER INTIMIDATION OR HARASSMENT WHEN HE OR SHE,
 WITH  INTENT  TO  INFLUENCE HOW AN INDIVIDUAL VOTES IN AN ELECTION UNDER
 THE ELECTION LAW OR THE EDUCATION LAW OF THIS STATE:
   1. INTENTIONALLY HARASSES OR INTIMIDATES ANOTHER PERSON BY ENGAGING IN
 A COURSE OF CONDUCT OR BY COMMITTING ACTS WHICH  PLACE  SUCH  PERSON  IN
 REASONABLE FEAR OF PHYSICAL INJURY; OR
   2. THREATENS RETALIATION AGAINST SUCH INDIVIDUAL BASED ON THE INDIVID-
 UAL  VOTING  FOR A CERTAIN CANDIDATE, PROPOSITION OR BALLOT MEASURE. FOR
 THE PURPOSES OF THIS SECTION RETALIATION INCLUDES, BUT  IS  NOT  LIMITED
 TO,  CHANGES  TO  EMPLOYMENT  STATUS,  INCLUDING  CHANGES TO JOB TITLES,
 HOURS, OR WAGES.
   VOTER INTIMIDATION OR HARASSMENT IS A CLASS A MISDEMEANOR.
   § 2. Subdivision 2 of section 5-106 of the election law, as amended by
 chapter 373 of the laws of 1978, is amended to read as follows:
   2. No person who has been convicted of a felony pursuant to  the  laws
 of  this  state OR CONVICTED OF A MISDEMEANOR PURSUANT TO SECTION 240.78
 OF THE PENAL LAW, shall have the right to register for or  vote  at  any
 election  unless  he  OR SHE shall have been pardoned or restored to the
 rights of citizenship by the governor, or his OR HER maximum sentence of
 imprisonment has expired, or he OR SHE has been discharged from  parole.
 The  governor,  however,  may attach as a condition to any such pardon a
 provision that any such person shall not  have  the  right  of  suffrage
 until it shall have been separately restored to him OR HER.
   § 3. This act shall take effect immediately.

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