Bill Text: NY A02627 | 2013-2014 | General Assembly | Introduced
Bill Title: Makes the suppression of voters a civil violation.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2014-01-08 - referred to election law [A02627 Detail]
Download: New_York-2013-A02627-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2627 2013-2014 Regular Sessions I N A S S E M B L Y January 17, 2013 ___________ Introduced by M. of A. KAVANAGH, BROOK-KRASNY, CASTRO, CLARK, COLTON, DINOWITZ, GALEF, LIFTON, MILLMAN, O'DONNELL, PERRY, ROSENTHAL, SCHI- MEL, STEVENSON, WRIGHT, WEPRIN, LUPARDO, JAFFEE -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, CRESPO, GUNTHER, HEASTIE, PEOPLES-STOKES, ROBINSON, TITONE, WEISENBERG -- read once and referred to the Committee on Election Law 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: 1 Section 1. This act shall be known and may be cited as the "deceptive 2 practices and voter suppression prevention act". 3 S 2. The election law is amended by adding a new section 17-151 to 4 read as follows: 5 S 17-151. DECEPTIVE PRACTICES. 1. ANY PERSON, POLITICAL COMMITTEE, 6 LABOR ORGANIZATION, CORPORATION, OR OTHER ENTITY, WHETHER ACTING UNDER 7 COLOR OF LAW OR OTHERWISE, WHO KNOWINGLY COMMUNICATES OR KNOWINGLY CAUS- 8 ES TO BE COMMUNICATED DECEPTIVE INFORMATION, KNOWING SUCH INFORMATION TO 9 BE FALSE AND, IN ACTING IN THE MANNER DESCRIBED, PREVENTS OR DETERS 10 ANOTHER PERSON FROM EXERCISING THE RIGHT TO VOTE IN ANY ELECTION, IS 11 GUILTY OF A MISDEMEANOR. 12 2. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS SECTION: (A) 13 "DECEPTIVE INFORMATION" MEANS FALSE INFORMATION REGARDING: (I) THE TIME, 14 PLACE, OR MANNER OF ANY ELECTION; (II) THE QUALIFICATIONS FOR OR 15 RESTRICTIONS ON VOTER ELIGIBILITY FOR ANY ELECTION, INCLUDING ANY PENAL- 16 TIES ASSOCIATED WITH VOTING BY INELIGIBLE VOTERS; (III) INFORMATION 17 REGARDING A VOTER'S REGISTRATION STATUS OR ELIGIBILITY; OR (IV) THE 18 POLITICAL PARTY AFFILIATION OF ANY CANDIDATE; AND 19 (B) "ELECTION" AS USED IN THIS ARTICLE SHALL BE DEEMED TO APPLY TO AND 20 INCLUDE ALL ELECTIONS ADMINISTERED BY THE STATE OR CITY OF NEW YORK 21 BOARDS OF ELECTIONS, OR ANY COUNTY BOARD OF ELECTIONS, INCLUDING ANY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02483-01-3 A. 2627 2 1 GENERAL, PRIMARY, RUN-OFF, OR SPECIAL ELECTION FOR ANY STATE OR LOCAL 2 OFFICE OR BALLOT PROPOSITION. 3 3. ANY PERSON AGGRIEVED BY A VIOLATION OF SUBDIVISION ONE OF THIS 4 SECTION MAY INSTITUTE A CIVIL ACTION OR OTHER PROPER PROCEEDING FOR 5 PREVENTATIVE RELIEF, OR MAY APPLY FOR A PERMANENT OR TEMPORARY INJUNC- 6 TION, RESTRAINING ORDER, DECLARATORY JUDGMENT, OR OTHER ORDER IN ANY 7 COURT WITH JURISDICTION PURSUANT TO SECTION 16-100 OF THIS CHAPTER. 8 4. ANY ATTEMPT TO COMMIT AN OFFENSE DESCRIBED IN SUBDIVISION ONE OF 9 THIS SECTION, IN ACCORDANCE WITH THE APPLICABLE PROVISION OF THE PENAL 10 LAW, IS A CLASS B MISDEMEANOR. 11 5. THE PROVISIONS OF ARTICLE TWENTY AND ARTICLE ONE HUNDRED FIVE OF 12 THE PENAL LAW, RELATING TO CRIMINAL LIABILITY FOR CONDUCT OF ANOTHER AND 13 CONSPIRACY, SHALL APPLY TO PROSECUTIONS UNDER THIS SECTION. 14 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ATTORNEY GENERAL 15 SHALL HAVE CONCURRENT JURISDICTION WITH ANY DISTRICT ATTORNEY IN THE 16 PROSECUTION OF ANY OFFENSES UNDER THIS SECTION RELATING TO DECEPTIVE 17 PRACTICES AS WELL AS ANY OFFENSES ARISING OUT OF SUCH PROSECUTION. 18 S 3. The election law is amended by adding a new section 17-153 to 19 read as follows: 20 S 17-153. SUPPRESSION OF VOTERS. 1. ANY PERSON, POLITICAL COMMITTEE, 21 LABOR ORGANIZATION, CORPORATION, OR OTHER ENTITY WHO SUPPRESSES OR 22 THREATENS TO SUPPRESS THE RIGHT OF ANY PERSON TO LAWFULLY EXERCISE THEIR 23 FRANCHISE, OR IN ANY OTHER MANNER COMPELS SUCH PERSON TO VOTE OR TO 24 REFRAIN FROM VOTING FOR OR AGAINST A PARTICULAR CANDIDATE FOR PUBLIC 25 OFFICE OR FOR OR AGAINST A PARTICULAR BALLOT PROPOSITION IS GUILTY OF A 26 CLASS A MISDEMEANOR. 27 2. FOR PURPOSES OF THIS SECTION, THE TERM "SUPPRESS" SHALL MEAN TO USE 28 FORCE, AUTHORITY OR AN ABUSE OF POWER TO PREVENT, RESTRAIN, INHIBIT OR 29 COMPEL ANOTHER FROM ACTING IN HIS OR HER OWN INTERESTS OR INTENTIONS, OR 30 INTO NOT ACTING AT ALL. 31 3. ANY PERSON, POLITICAL COMMITTEE, LABOR ORGANIZATION, OR CORPORATION 32 WHO ATTEMPTS TO COMMIT AN OFFENSE DESCRIBED IN SUBDIVISION ONE OF THIS 33 SECTION IS GUILTY OF A CLASS B MISDEMEANOR. 34 4. THE PROVISIONS OF ARTICLE TWENTY AND ARTICLE ONE HUNDRED FIVE OF 35 THE PENAL LAW, RELATING TO CRIMINAL LIABILITY FOR CONDUCT OF ANOTHER AND 36 CONSPIRACY SHALL APPLY TO PROSECUTIONS UNDER THIS SECTION. 37 5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ATTORNEY GENERAL 38 SHALL HAVE CONCURRENT JURISDICTION WITH ANY DISTRICT ATTORNEY IN THE 39 PROSECUTION OF ANY OFFENSES UNDER THIS SECTION RELATING TO DECEPTIVE 40 PRACTICES AS WELL AS ANY OFFENSES ARISING OUT OF SUCH PROSECUTION. 41 S 4. Section 17-166 of the election law is amended to read as follows: 42 S 17-166. Penalty. Any person convicted of a misdemeanor under this 43 article shall for a first offense be punished by A SENTENCE OF imprison- 44 ment for not more than one year, or by a fine of not less than one 45 hundred dollars nor more than five hundred dollars, or by both such fine 46 and imprisonment. Any person who, having been convicted of a misdemeanor 47 under this article, shall thereafter be convicted of another misdemeanor 48 under this article, shall be guilty of a felony. 49 ANY PERSON CONVICTED OF A FELONY UNDER THIS ARTICLE SHALL BE CONVICTED 50 OF A CLASS E FELONY FOR A FIRST OFFENSE AND FOR ANY SUBSEQUENT FELONY 51 OFFENSE UNDER THIS ARTICLE, A CLASS D FELONY. 52 S 5. This act shall take effect immediately.