STATE OF NEW YORK
________________________________________________________________________
3240
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to enrollment eligibility
for election officials in the address confidentiality program
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The opening paragraph of section 108 of the executive law,
2 as separately amended by chapters 222 and 521 of the laws of 2022, is
3 amended to read as follows:
4 There is created in the office of the secretary of state a program to
5 be known as the "address confidentiality program" to protect victims of
6 domestic violence, victims of human trafficking, victims of kidnapping,
7 victims of a sexual offense, victims of stalking, [and] reproductive
8 health care services providers, employees, volunteers, patients, or
9 immediate family members of reproductive health care services providers,
10 and election officers by authorizing the use of designated addresses for
11 such [victims] individuals and their minor children. The program shall
12 be administered by the secretary of state.
13 § 2. Clause (A) of subparagraph (i) of paragraph (a) of subdivision 2
14 and subdivision 3 of section 108 of the executive law, as separately
15 amended by chapters 222 and 521 of the laws of 2022, are amended to read
16 as follows:
17 (A) the applicant, or the minor or incapacitated person on whose
18 behalf the application is made, is a victim of domestic violence, victim
19 of human trafficking, victim of kidnapping, victim of a sexual offense,
20 victim of stalking, [or] a reproductive health care services provider,
21 employee, volunteer, patient, or an immediate family member of a repro-
22 ductive health care services provider, or an election officer;
23 3. Designation of agencies to assist applicants. The secretary shall
24 designate state, local or nonprofit agencies that provide counseling,
25 referral, shelter or other specialized services to victims of domestic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03118-01-3
A. 3240 2
1 violence, victims of human trafficking, victims of kidnapping, victims
2 of a sexual offense, victims of stalking, and reproductive health care
3 services providers, employees, volunteers, patients, or immediate family
4 members of reproductive health care services providers to assist persons
5 applying to be program participants. The secretary shall designate coun-
6 ty boards of elections to assist election officers in applying to be
7 program participants. Such persons providing assistance shall be trained
8 by the secretary. Any assistance and counseling rendered by an officer
9 of the secretary or his or her designees to applicants shall in no way
10 be construed as legal advice.
11 § 3. Subdivision 1 of section 108 of the executive law is amended by
12 adding a new paragraph (o) to read as follows:
13 (o) "Election officer" shall have the same meaning as set forth in
14 section 1-104 of the election law.
15 § 4. Clause (B) of subparagraph (i) of paragraph (a) of subdivision 2
16 of section 108 of the executive law, as amended by chapter 222 of the
17 laws of 2022, is amended to read as follows:
18 (B) the applicant, or the minor or incapacitated person on whose
19 behalf the application is made, has left his or her residence because of
20 such violence or acts, provided, however, this clause shall not apply if
21 the applicant is a reproductive health care services provider, employee,
22 volunteer, patient, or an immediate family member of a reproductive
23 health care services provider, or an election officer;
24 § 5. Subparagraph (iv) of paragraph (a) of subdivision 2 of section
25 108 of the executive law, as amended by chapter 222 of the laws of 2022,
26 is amended to read as follows:
27 (iv) the actual address or addresses that the applicant requests not
28 be disclosed because of the increased risk of domestic violence, a sexu-
29 al offense, stalking, physical injury or in the case of reproductive
30 health care services provider, employee, volunteer, patient, or an imme-
31 diate family member of a reproductive health care services provider, or
32 an election officer, other threats of violence; and
33 § 6. This act shall take effect immediately.