Bill Text: NY A03885 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits level two or three sex offenders from voting at a school or facility for children; authorizes absentee voting for such offenders.
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Introduced - Dead) 2022-04-25 - held for consideration in codes [A03885 Detail]
Download: New_York-2021-A03885-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3885 2021-2022 Regular Sessions IN ASSEMBLY 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: 1 Section 1. The penal law is amended by adding two new sections 145.75 2 and 145.80 to read as follows: 3 § 145.75 Unlawfully entering or remaining in a school or facility for 4 children for the purposes of voting in the second degree. 5 1. A person is guilty of unlawfully entering or remaining in a school 6 or facility for children for the purposes of voting in the second 7 degree, when being a level two or level three sex offender, he or she 8 enters or remains in a school or facility for children for the purposes 9 of casting a ballot or otherwise voting during any primary, general, 10 special, school district or other election in which residents, regis- 11 tered or qualified voters are entitled to cast ballots. 12 2. For the purposes of this section: (a) "level two or level three sex 13 offender" shall mean a person registered or required to register under 14 section one hundred sixty-eight-f of the correction law who has received 15 a level two or level three designation pursuant to section one hundred 16 sixty-eight-l of the correction law; and (b) "school or facility for 17 children" shall mean a building, structure, athletic playing field, 18 playground or land contained within the real property boundary line of a 19 public or private elementary, parochial, intermediate, junior high, 20 vocational, or high school, or any other facility or institution prima- 21 rily used for the care or treatment of persons under the age of eighteen 22 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. LBD01692-01-1A. 3885 2 1 Unlawfully entering or remaining in a school or facility for children 2 for the purposes of voting in the second degree is a class A misdemea- 3 nor. 4 § 145.80 Unlawfully entering or remaining in a school or facility for 5 children for the purposes of voting in the first degree. 6 A person is guilty of unlawfully entering or remaining in a school or 7 facility for children for the purposes of voting in the first degree 8 when he or she commits the crime of unlawfully entering or remaining in 9 a school or facility for children for the purposes of voting in the 10 second degree, having previously been convicted of such crime within the 11 preceding ten years. 12 Unlawfully entering or remaining in a school or facility for children 13 for the purposes of voting in the first degree is a class E felony. 14 § 2. Paragraph (d) of subdivision 1 of section 8-400 of the election 15 law, as amended by chapter 139 of the laws of 2020, is amended to read 16 as follows: 17 (d) absent from his or her voting residence because he or she is 18 detained in jail awaiting action by a grand jury or awaiting trial, or 19 confined in jail or prison after a conviction for an offense other than 20 a felony, provided that he or she is qualified to vote in the election 21 district of his or her residence[.]; or 22 (e) prohibited from appearing personally at the polling place of the 23 election district in which he or she is a qualified voter because he or 24 she is a level two or level three sex offender and such polling place is 25 located on or within a school or facility for children as the terms 26 "level two and level three sex offender" and "school or facility for 27 children" are defined in section 145.75 of the penal law. 28 § 2-a. Paragraph (d) of subdivision 1 of section 8-400 of the 29 election law, as amended by chapter 63 of the laws of 2010, is amended 30 and a new paragraph (e) is added to read as follows: 31 (d) absent from his or her voting residence because he or she is 32 detained in jail awaiting action by a grand jury or awaiting trial, or 33 confined in jail or prison after a conviction for an offense other than 34 a felony, provided that he or she is qualified to vote in the election 35 district of his or her residence[.]; or 36 (e) prohibited from appearing personally at the polling place of the 37 election district in which he or she is a qualified voter because he or 38 she is a level two or level three sex offender and such polling place is 39 located on or within a school or facility for children as the terms 40 "level two and level three sex offender" and "school or facility for 41 children" are defined in section 145.75 of the penal law. 42 § 3. Subparagraph (iv) of paragraph (c) of subdivision 3 of section 43 8-400 of the election law, as amended by chapter 63 of the laws of 2010, 44 is amended and a new subparagraph (v) is added to read as follows: 45 (iv) detained in jail awaiting action by a grand jury or awaiting 46 trial or confined in jail or prison after a conviction for an offense 47 other than a felony and stating the place where he or she is so detained 48 or confined[.]; or 49 (v) prohibited from appearing personally at the polling place of the 50 election district in which he or she is a qualified voter because he or 51 she is a level two or level three sex offender and such polling place is 52 located on or within a school or facility for children as the terms 53 "level two and level three sex offender" and "school or facility for 54 children" are defined in section 145.75 of the penal law. 55 § 4. Section 8-400 of the election law is amended by adding a new 56 subdivision 11 to read as follows:A. 3885 3 1 11. Sixty days before each election the board of elections shall 2 compile a list of all level two and level three registered sex offenders 3 entitled to receive absentee ballots pursuant to the provisions of this 4 section. The board of elections shall, by mail addressed to such sex 5 offender at his or her registered address, send an absentee ballot for 6 the ensuing election to such person in the same manner as provided in 7 this section for a qualified voter entitled to an absentee ballot 8 because of illness or disability. 9 § 5. Subdivision 2 of section 2018-a of the education law, as amended 10 by chapter 616 of the laws of 2019, is amended to read as follows: 11 2. a. A qualified voter may vote as an absentee voter under this 12 section if during all the hours of voting on the day of an election he 13 or she will be: 14 (1) absent from the county of his or her residence; or 15 (2) unable to appear at the polling place because of illness or phys- 16 ical disability, or duties related to the primary care of one or more 17 individuals who are ill or physically disabled, or because he or she 18 will be or is a patient in a hospital; or 19 (3) an inmate or patient of a veteran's administration hospital; or 20 (4) absent from his or her voting residence because he or she is 21 detained in jail awaiting action by a grand jury or awaiting trial, or 22 confined in jail or prison after a conviction for an offense other than 23 a felony, provided that he or she is qualified to vote in the election 24 district of his or her residence[.]; or 25 (5) prohibited from appearing personally at the polling place of the 26 election district in which he or she is a qualified voter because he or 27 she is a level two or level three sex offender and such polling place is 28 located on or within a school or facility for children as the terms 29 "level two and level three sex offender" and "school or facility for 30 children" are defined in section 145.75 of the penal law. 31 b. Each person entitled to vote as an absentee voter pursuant to this 32 section and desirous of obtaining an absentee ballot shall make written 33 application therefor to the district clerk. Application forms for use 34 pursuant to this section shall be in a form prescribed by the state 35 board of elections. The use of any application which is on a form 36 prescribed by the state board of elections shall be acceptable. 37 c. The application for an absentee ballot when filed must contain in 38 each instance the following information: 39 (1) Applicant's full name, date of birth, and residence address, 40 including the street and number, if any, rural delivery route, if any, 41 mailing address if different from the residence address and an address 42 to which the ballot shall be mailed. 43 (2) A statement that the applicant is a qualified and registered 44 voter. 45 (3) A statement, as appropriate, that on the day of such election the 46 applicant expects in good faith to be in one of the following catego- 47 ries: 48 (a) absent from the county of his or her residence; provided, however, 49 if the applicant expects to be absent from such county for a duration 50 covering more than one election and seeks an absentee ballot for each 51 election, he or she shall state the dates when he or she expects to 52 begin and end such absence; or 53 (b) unable to appear at a polling place because of illness or physical 54 disability or duties related to the primary care of one or more individ- 55 uals who are ill or physically disabled; or 56 (c) an inmate or patient of a veteran's administration hospital; orA. 3885 4 1 (d) detained in jail awaiting action by a grand jury or awaiting trial 2 or confined in jail or prison after a conviction for an offense other 3 than a felony and stating the place where he or she is so detained or 4 confined[.]; or 5 (e) prohibited from appearing personally at the polling place of the 6 election district in which he or she is a qualified voter because he or 7 she is a level two or level three sex offender and such polling place is 8 located on or within a school or facility for children as the terms 9 "level two and level three sex offender" and "school or facility for 10 children" are defined in section 145.75 of the penal law. 11 d. Where the applicant indicates he or she is prohibited from appear- 12 ing personally at the polling place of the election district in which he 13 or she is a qualified voter because he or she is a level two or level 14 three sex offender and such polling place is located on or within a 15 school or facility for children as the terms "level two and level three 16 sex offender" and "school or facility for children" are defined in 17 section 145.75 of the penal law such application shall state whether or 18 not the voter is currently under a sentence of imprisonment for a felony 19 or on parole. 20 e. Such application shall include the following statement to be signed 21 by the voter. 22 I hereby declare that the foregoing is a true statement to the best of 23 my knowledge and belief, and I understand that if I make any material 24 false statement in the foregoing statement of application for absentee 25 ballots, I shall be guilty of a misdemeanor. 26 Date.....................Signature of Voter ........................... 27 [e.] f. An applicant whose ability to appear personally at the polling 28 place of the school district of which he or she is a qualified voter is 29 substantially impaired by reason of permanent illness or physical disa- 30 bility and whose registration record has been marked "permanently disa- 31 bled" by the board of elections pursuant to the provisions of the 32 election law shall be entitled to receive an absentee ballot pursuant to 33 the provisions of this section without making separate application for 34 such absentee ballot, and the board of registration upon being advised 35 by the board of elections on or with the list of registered voters that 36 the registration record of a voter is marked "permanently disabled" 37 shall send an absentee ballot to such voter at his or her last known 38 address with a request to the postal authorities not to forward same but 39 to return same in five days in the event that it cannot be delivered to 40 the addressee. The board of education shall determine whether such 41 ballot shall be sent by first class or by certified mail. All such 42 ballots shall be mailed in the same manner as determined by the board of 43 education. The board of registration shall make an appropriate entry on 44 the registration indicating the fact that an absentee ballot has been 45 sent and the date of mailing. 46 [f.] g. An application must be received by the district clerk no 47 earlier than the thirtieth day before the election for which an absentee 48 ballot is sought. If the application requests that the absentee ballot 49 be mailed, such application must be received not later than seven days 50 before the election. If the applicant or his or her agent delivers the 51 application to the district clerk in person, such application must be 52 received not later than the day before the election. The district clerk 53 shall examine each application and shall determine from the informationA. 3885 5 1 contained therein whether the applicant is qualified under this section 2 to receive an absentee ballot. 3 [g.] h. No later than six days before the election for which an appli- 4 cation has been received and for which the district clerk has determined 5 the applicant to be qualified to vote by absentee ballot the district 6 clerk shall mail, by regular mail, an absentee ballot to each qualified 7 applicant who has applied before such day and who has requested that 8 such absentee ballot be mailed to him or her at the address set forth in 9 his or her application. If the applicant or his or her agent delivers 10 the application to the district clerk in person after the seventh day 11 before the election and not later than the day before the election, the 12 district clerk shall forthwith deliver such absentee ballots for those 13 applicants whom he or she determines are qualified to make such applica- 14 tions and to receive such ballots to such applicants or the agents named 15 in the applications when such applicants or agents appear in the 16 district clerk's office. 17 § 6. Subdivision 2 of section 2018-b of the education law, as amended 18 by chapter 46 of the laws of 1992 and paragraph c as amended by chapter 19 26 of the laws of 1994, is amended to read as follows: 20 2. a. An applicant for such an absentee ballot shall submit an appli- 21 cation setting forth (1) his or her name and residence address, includ- 22 ing the street and number, if any, or town and rural delivery route, if 23 any; (2) that he or she is or will be, on the day of the school district 24 election, a qualified voter of the school district in which he or she 25 resides in that he or she is or will be, on such date, over eighteen 26 years of age, a citizen of the United States and has or will have 27 resided in the district for thirty days next preceding such date; and 28 (3) that he or she will be unable to appear to vote in person on the day 29 of the school district election for which the absentee ballot is 30 requested because he or she is, or will be on such day (a) a patient in 31 a hospital, or unable to appear personally at the polling place on such 32 day because of illness or physical disability [or]; (b) because his or 33 her duties, occupation, business, or studies will require him or her to 34 be outside of the county or city of his residence on such day[,]; (c) 35 because he or she will be on vacation outside the county or city of his 36 or her residence on such day; [or,] (d) absent from his or her voting 37 residence because he or she is detained in jail awaiting action by a 38 grand jury or awaiting trial or is confined in prison after conviction 39 for an offense other than a felony; or (e) prohibited from appearing 40 personally at the polling place of the election district in which he or 41 she is a qualified voter because he or she is a level two or level three 42 sex offender and such polling place is located on or within a school or 43 facility for children as the terms "level two and level three sex offen- 44 der" and "school or facility for children" are defined in section 145.75 45 of the penal law. 46 Such application must be received by the district clerk or designee of 47 the trustees or school board at least seven days before the election if 48 the ballot is to be mailed to the voter, or the day before the election, 49 if the ballot is to be delivered personally to the voter. 50 b. (1) Where such duties, occupation, business, or studies are of such 51 a nature as ordinarily to require such absence, a brief description of 52 such duties, occupation, business, or studies shall be set forth in such 53 application. 54 (2) Where such duties, occupation, business, or studies are not of 55 such a nature as ordinarily to require such absence, such applicationA. 3885 6 1 shall contain a statement of the special circumstances on account of 2 which such absence is required. 3 c. Where the applicant expects in good faith to be absent on the day 4 of the election because he or she will be on vacation elsewhere on such 5 day, such application shall also contain the dates upon which he or she 6 expects to begin and end such vacation, the place or places where he or 7 she expects to be on such vacation, the name and address of his or her 8 employer, if any, and if self-employed or retired, a statement to that 9 effect. 10 d. Where the absence is because of detention or confinement to jail, 11 such application shall state whether the voter is detained awaiting 12 action of the grand jury or is confined after conviction for an offense 13 other than a felony. 14 e. Where the applicant indicates that he or she is prohibited from 15 appearing personally at the polling place of the election district in 16 which he or she is a qualified voter because he or she is a level two or 17 level three sex offender and such polling place is located on or within 18 a school or facility for children as the terms "level two and level 19 three sex offender" and "school or facility for children" are defined in 20 section 145.75 of the penal law such application shall state whether or 21 not the voter is currently under a sentence of imprisonment for a felony 22 or on parole. 23 f. Where a person is or would be, if he or she were a qualified voter, 24 entitled to apply for the right to vote by absentee ballot under the 25 provisions of this section, his or her spouse, parent or child, if a 26 qualified voter and a resident of the same school district, shall be 27 entitled to vote as an absentee voter upon personally making and signing 28 an application in accordance with the preceding provisions of this 29 subdivision and showing that he or she expects to be absent from the 30 school district on the day of the school district election by reason of 31 accompanying or being with the spouse, child or parent who is or would 32 be, if he or she were a qualified voter, so entitled to apply for the 33 right to vote by absentee ballot, and, in the event no application is 34 made by such spouse, child or parent, such further information as the 35 clerk of the school district or designee of the trustees or school board 36 shall require. 37 [f.] g. Such application shall include the following statement to be 38 signed by the voter. 39 I hereby declare that the foregoing is a true statement to the best of 40 my knowledge and belief, and I understand that if I make any material 41 false statement in the foregoing statement of application for absentee 42 ballots, I shall be guilty of a misdemeanor. 43 Date......................Signature of Voter ........................... 44 [g.] h. The clerk of the school district or a designee of the trustees 45 or school board shall request registration lists from the board of 46 elections pursuant to subdivision three of section 5-612 of the election 47 law for those voters whose registration record has been marked "perma- 48 nently disabled". An applicant whose ability to appear personally at the 49 polling place of the school district of which he or she is a qualified 50 voter is substantially impaired by reason of permanent illness or phys- 51 ical disability and whose registration record has been marked "perma- 52 nently disabled" as determined by the board of elections pursuant to the 53 provisions of this chapter and who has previously applied for an absen-A. 3885 7 1 tee ballot shall be entitled to receive subsequent absentee ballots 2 pursuant to the provisions of this section without making separate 3 application for such absentee ballot, and the clerk of the school 4 district or a designee of the trustees or school board shall send an 5 absentee ballot to such voter at his or her last known address with a 6 request to the postal authorities not to forward same but to return same 7 in five days in the event that it cannot be delivered to the addressee. 8 The clerk of the school district or a designee of the trustees or school 9 board shall determine whether such ballot shall be sent by first class 10 or by certified mail. All such ballots shall be mailed in the same 11 manner as determined by the trustees or the board of education. 12 § 7. The election law is amended by adding a new section 17-172 to 13 read as follows: 14 § 17-172. Immunity and defense for poll workers and others related to 15 admittance of sex offenders to polling places. 1. No person shall be 16 civilly liable for refusing admittance of a level two or level three sex 17 offender to a polling place which is or is within a school or facility 18 for children as those terms are defined in section 145.75 of the penal 19 law, when such person is acting in good faith and in the performance of 20 their duties. For the purposes of this section, a person shall be deemed 21 to be acting in good faith if the name and address or name and approxi- 22 mate address based on zip code of the voter refused admission appears on 23 a list of level two or level three sex offenders provided by a board of 24 elections or the division of criminal justice services. 25 2. It shall be an affirmative defense to any charge of violating the 26 elective franchise of a voter based upon the refusing of admittance of a 27 level two or level three sex offender to a polling place which is or is 28 within a school or facility for children as those terms are defined in 29 section 145.75 of the penal law, that the name and address or name and 30 approximate address based on zip code of the voter refused admission 31 appears on a list of level two or level three sex offenders provided by 32 a board of elections or the division of criminal justice services. 33 § 8. This act shall take effect immediately and shall apply to 34 elections held on and after January 1, 2022, provided, however, that the 35 amendments to subdivision 1 of section 8-400 of the election law made by 36 section two of this act shall be subject to the expiration and reversion 37 of such subdivision pursuant to section 2 of chapter 139 of the laws of 38 2020, as amended, when upon such date the provisions of section two-a of 39 this act shall take effect. The state board of elections shall be 40 authorized to promulgate any rules, regulations, forms, or notices 41 required to carry out the provisions of this act prior to such effective 42 date.
