BILL NUMBER: S7281

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to repeal section 17-140 of the election law relating furnishing
money or entertainment to induce attendance at polls

 
PURPOSE:

To amend the election law, in relation to furnishing money or enter-
tainment to induce attendance at polls. In furtherance of the decision
by the Southern District of New York in Brooklyn Branch of NAACP vs.
Kosinski, 735 F.Supp.3d 421.

 
SUMMARY OF PROVISIONS:

Section 1 repeals section 17-140 of the election law.

Section 2 provides for the effective date.

 
              

JUSTIFICATION:

In New York State, despite continued progress on making our elections
more accessible, certain polling locations continue to have massive
lines. While it is the goal of every Board of Elections to reduce the
maximum wait time to 30 minutes, this is often not the case in densely
populated areas. Groups who wished to provide refreshments or snacks to
voters who patiently waited in these lines faced the threat of criminal
charges under section 17-140 of New York State Election Law. This
section was declared unconstitutional by the Southern District of New
York in the Brooklyn Branch of NAACP vs. Kosinski in May of 2024. The
court not only found that the law infringed on First Amendment
protections. but also the Due Process Clause of the Fourteenth Amend-
ment.

In addition to this decision, there has been no notice of appeal filed.
We in the legislature take this as a signal from the State Board of
Elections as their acceptance of the decision declaring section 17-140
unconstitutional.

 
LEGISLATIVE HISTORY:

S616 of 2023-24: Passed Senate.

S7382-A of 2021-22: Passed Senate.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.