S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3885
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. NORRIS, ASHBY, DeSTEFANO, J. M. GIGLIO, B. MILL-
   ER, M. MILLER, MORINELLO, SCHMITT -- Multi-Sponsored by --  M.  of  A.
   SAYEGH, WALSH -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01692-01-1

              

 A. 3885                             2
 
   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.
 §  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 139 of the laws of 2020, is amended  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.
   §  2-a.    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:

 A. 3885                             3
 
   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  amended
 by chapter 616 of the laws of 2019, is amended to read as follows:
   2.  a.  A  qualified  voter  may  vote as an absentee voter under this
 section if during all the hours of voting on the day of an  election  he
 or she will be:
   (1) absent from the county of his or her residence; or
   (2)  unable to appear at the polling place because of illness or phys-
 ical disability, or duties related to the primary care of  one  or  more
 individuals  who  are  ill  or physically disabled, or because he or she
 will be or is a patient in a hospital; or
   (3) an inmate or patient of a veteran's administration hospital; or
   (4) 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
   (5) 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.
   b. Each person entitled to vote as an absentee voter pursuant to  this
 section  and desirous of obtaining an absentee ballot shall make written
 application therefor to the district clerk. Application  forms  for  use
 pursuant  to  this  section  shall  be in a form prescribed by the state
 board of elections. The use of  any  application  which  is  on  a  form
 prescribed by the state board of elections shall be acceptable.
   c.  The  application for an absentee ballot when filed must contain in
 each instance the following information:
   (1) Applicant's full name,  date  of  birth,  and  residence  address,
 including  the  street and number, if any, rural delivery route, if any,
 mailing address if different from the residence address and  an  address
 to which the ballot shall be mailed.
   (2)  A  statement  that  the  applicant  is a qualified and registered
 voter.
   (3) A statement, as appropriate, that on the day of such election  the
 applicant  expects  in  good faith to be in one of the following catego-
 ries:
   (a) absent from the county of his or her residence; provided, however,
 if the applicant expects to be absent from such county  for  a  duration
 covering  more  than  one election and seeks an absentee ballot for each
 election, he or she shall state the dates when  he  or  she  expects  to
 begin and end such absence; or
   (b) unable to appear at a polling place because of illness or physical
 disability or duties related to the primary care of one or more individ-
 uals who are ill or physically disabled; or
   (c) an inmate or patient of a veteran's administration hospital; or

 A. 3885                             4
 
   (d) 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
   (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.
   d.  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.
   E. 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 ...........................
 
   [e.] F. 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.
   [f.]  G.  An  application  must  be  received by the district clerk no
 earlier than the thirtieth day before the election for which an absentee
 ballot is sought. If the application requests that the  absentee  ballot
 be  mailed,  such application must be received not later than seven days
 before the election. If the applicant or his or her agent  delivers  the
 application  to  the  district clerk in person, such application must be
 received not later than the day before the election. The district  clerk
 shall  examine each application and shall determine from the information

 A. 3885                             5
 
 contained therein whether the applicant is qualified under this  section
 to receive an absentee ballot.
   [g.] H. No later than six days before the election for which an appli-
 cation has been received and for which the district clerk has determined
 the  applicant  to  be qualified to vote by absentee ballot the district
 clerk shall mail, by regular mail, an absentee ballot to each  qualified
 applicant  who  has  applied  before such day and who has requested that
 such absentee ballot be mailed to him or her at the address set forth in
 his or her application. If the applicant or his or  her  agent  delivers
 the  application  to  the district clerk in person after the seventh day
 before the election and not later than the day before the election,  the
 district  clerk  shall forthwith deliver such absentee ballots for those
 applicants whom he or she determines are qualified to make such applica-
 tions and to receive such ballots to such applicants or the agents named
 in the applications  when  such  applicants  or  agents  appear  in  the
 district clerk's office.
   §  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
 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

 A. 3885                             6
 
 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
 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-

 A. 3885                             7
 
 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.
   § 8. This act  shall  take  effect  immediately  and  shall  apply  to
 elections held on and after January 1, 2022, provided, however, that the
 amendments to subdivision 1 of section 8-400 of the election law made by
 section two of this act shall be subject to the expiration and reversion
 of  such subdivision pursuant to section 2 of chapter 139 of the laws of
 2020, as amended, when upon such date the provisions of section two-a of
 this act shall take effect.  The  state  board  of  elections  shall  be
 authorized  to  promulgate  any  rules,  regulations,  forms, or notices
 required to carry out the provisions of this act prior to such effective
 date.