Bill Text: NY S01529 | 2023-2024 | 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: Partisan Bill (Republican 5-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S01529 Detail]
Download: New_York-2023-S01529-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1529 2023-2024 Regular Sessions IN SENATE January 12, 2023 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed 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. 23 Unlawfully entering or remaining in a school or facility for children 24 for the purposes of voting in the second degree is a class A misdemea- 25 nor. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04275-01-3S. 1529 2 1 § 145.80 Unlawfully entering or remaining in a school or facility for 2 children for the purposes of voting in the first degree. 3 A person is guilty of unlawfully entering or remaining in a school or 4 facility for children for the purposes of voting in the first degree 5 when he or she commits the crime of unlawfully entering or remaining in 6 a school or facility for children for the purposes of voting in the 7 second degree, having previously been convicted of such crime within the 8 preceding ten years. 9 Unlawfully entering or remaining in a school or facility for children 10 for the purposes of voting in the first degree is a class E felony. 11 § 2. Paragraph (d) of subdivision 1 of section 8-400 of the election 12 law, as amended by chapter 63 of the laws of 2010, is amended and a new 13 paragraph (e) is added to read as follows: 14 (d) absent from his or her voting residence because he or she is 15 detained in jail awaiting action by a grand jury or awaiting trial, or 16 confined in jail or prison after a conviction for an offense other than 17 a felony, provided that he or she is qualified to vote in the election 18 district of his or her residence[.]; or 19 (e) prohibited from appearing personally at the polling place of the 20 election district in which he or she is a qualified voter because he or 21 she is a level two or level three sex offender and such polling place is 22 located on or within a school or facility for children as the terms 23 "level two and level three sex offender" and "school or facility for 24 children" are defined in section 145.75 of the penal law. 25 § 3. Subparagraph (iv) of paragraph (c) of subdivision 3 of section 26 8-400 of the election law, as amended by chapter 63 of the laws of 2010, 27 is amended and a new subparagraph (v) is added to read as follows: 28 (iv) detained in jail awaiting action by a grand jury or awaiting 29 trial or confined in jail or prison after a conviction for an offense 30 other than a felony and stating the place where he or she is so detained 31 or confined[.]; or 32 (v) prohibited from appearing personally at the polling place of the 33 election district in which he or she is a qualified voter because he or 34 she is a level two or level three sex offender and such polling place is 35 located on or within a school or facility for children as the terms 36 "level two and level three sex offender" and "school or facility for 37 children" are defined in section 145.75 of the penal law. 38 § 4. Section 8-400 of the election law is amended by adding a new 39 subdivision 11 to read as follows: 40 11. Sixty days before each election the board of elections shall 41 compile a list of all level two and level three registered sex offenders 42 entitled to receive absentee ballots pursuant to the provisions of this 43 section. The board of elections shall, by mail addressed to such sex 44 offender at his or her registered address, send an absentee ballot for 45 the ensuing election to such person in the same manner as provided in 46 this section for a qualified voter entitled to an absentee ballot 47 because of illness or disability. 48 § 5. Subdivision 2 of section 2018-a of the education law, as amended 49 by chapter 616 of the laws of 2019, is amended to read as follows: 50 2. a. A qualified voter may vote as an absentee voter under this 51 section if during all the hours of voting on the day of an election he 52 or she will be: 53 (1) absent from the county of his or her residence; or 54 (2) unable to appear at the polling place because of illness or phys- 55 ical disability, or duties related to the primary care of one or moreS. 1529 3 1 individuals who are ill or physically disabled, or because he or she 2 will be or is a patient in a hospital; or 3 (3) an inmate or patient of a veteran's administration hospital; or 4 (4) absent from his or her voting residence because he or she is 5 detained in jail awaiting action by a grand jury or awaiting trial, or 6 confined in jail or prison after a conviction for an offense other than 7 a felony, provided that he or she is qualified to vote in the election 8 district of his or her residence[.]; or 9 (5) prohibited from appearing personally at the polling place of the 10 election district in which he or she is a qualified voter because he or 11 she is a level two or level three sex offender and such polling place is 12 located on or within a school or facility for children as the terms 13 "level two and level three sex offender" and "school or facility for 14 children" are defined in section 145.75 of the penal law. 15 b. Each person entitled to vote as an absentee voter pursuant to this 16 section and desirous of obtaining an absentee ballot shall make written 17 application therefor to the district clerk. Application forms for use 18 pursuant to this section shall be in a form prescribed by the state 19 board of elections. The use of any application which is on a form 20 prescribed by the state board of elections shall be acceptable. 21 c. The application for an absentee ballot when filed must contain in 22 each instance the following information: 23 (1) Applicant's full name, date of birth, and residence address, 24 including the street and number, if any, rural delivery route, if any, 25 mailing address if different from the residence address and an address 26 to which the ballot shall be mailed. 27 (2) A statement that the applicant is a qualified and registered 28 voter. 29 (3) A statement, as appropriate, that on the day of such election the 30 applicant expects in good faith to be in one of the following catego- 31 ries: 32 (a) absent from the county of his or her residence; provided, however, 33 if the applicant expects to be absent from such county for a duration 34 covering more than one election and seeks an absentee ballot for each 35 election, he or she shall state the dates when he or she expects to 36 begin and end such absence; or 37 (b) unable to appear at a polling place because of illness or physical 38 disability or duties related to the primary care of one or more individ- 39 uals who are ill or physically disabled; or 40 (c) an inmate or patient of a veteran's administration hospital; or 41 (d) detained in jail awaiting action by a grand jury or awaiting trial 42 or confined in jail or prison after a conviction for an offense other 43 than a felony and stating the place where he or she is so detained or 44 confined[.]; or 45 (e) prohibited from appearing personally at the polling place of the 46 election district in which he or she is a qualified voter because he or 47 she is a level two or level three sex offender and such polling place is 48 located on or within a school or facility for children as the terms 49 "level two and level three sex offender" and "school or facility for 50 children" are defined in section 145.75 of the penal law. 51 d. Where the applicant indicates he or she is prohibited from appear- 52 ing personally at the polling place of the election district in which he 53 or she is a qualified voter because he or she is a level two or level 54 three sex offender and such polling place is located on or within a 55 school or facility for children as the terms "level two and level three 56 sex offender" and "school or facility for children" are defined inS. 1529 4 1 section 145.75 of the penal law such application shall state whether or 2 not the voter is currently under a sentence of imprisonment for a felony 3 or on parole. 4 e. Such application shall include the following statement to be signed 5 by the voter. 6 I hereby declare that the foregoing is a true statement to the best of 7 my knowledge and belief, and I understand that if I make any material 8 false statement in the foregoing statement of application for absentee 9 ballots, I shall be guilty of a misdemeanor. 10 Date.....................Signature of Voter ........................... 11 [e.] f. An applicant whose ability to appear personally at the polling 12 place of the school district of which he or she is a qualified voter is 13 substantially impaired by reason of permanent illness or physical disa- 14 bility and whose registration record has been marked "permanently disa- 15 bled" by the board of elections pursuant to the provisions of the 16 election law shall be entitled to receive an absentee ballot pursuant to 17 the provisions of this section without making separate application for 18 such absentee ballot, and the board of registration upon being advised 19 by the board of elections on or with the list of registered voters that 20 the registration record of a voter is marked "permanently disabled" 21 shall send an absentee ballot to such voter at his or her last known 22 address with a request to the postal authorities not to forward same but 23 to return same in five days in the event that it cannot be delivered to 24 the addressee. The board of education shall determine whether such 25 ballot shall be sent by first class or by certified mail. All such 26 ballots shall be mailed in the same manner as determined by the board of 27 education. The board of registration shall make an appropriate entry on 28 the registration indicating the fact that an absentee ballot has been 29 sent and the date of mailing. 30 [f.] g. An application must be received by the district clerk no 31 earlier than the thirtieth day before the election for which an absentee 32 ballot is sought. If the application requests that the absentee ballot 33 be mailed, such application must be received not later than seven days 34 before the election. If the applicant or his or her agent delivers the 35 application to the district clerk in person, such application must be 36 received not later than the day before the election. The district clerk 37 shall examine each application and shall determine from the information 38 contained therein whether the applicant is qualified under this section 39 to receive an absentee ballot. 40 [g.] h. No later than six days before the election for which an appli- 41 cation has been received and for which the district clerk has determined 42 the applicant to be qualified to vote by absentee ballot the district 43 clerk shall mail, by regular mail, an absentee ballot to each qualified 44 applicant who has applied before such day and who has requested that 45 such absentee ballot be mailed to him or her at the address set forth in 46 his or her application. If the applicant or his or her agent delivers 47 the application to the district clerk in person after the seventh day 48 before the election and not later than the day before the election, the 49 district clerk shall forthwith deliver such absentee ballots for those 50 applicants whom he or she determines are qualified to make such applica- 51 tions and to receive such ballots to such applicants or the agents named 52 in the applications when such applicants or agents appear in the 53 district clerk's office.S. 1529 5 1 § 6. Subdivision 2 of section 2018-b of the education law, as amended 2 by chapter 46 of the laws of 1992 and paragraph c as amended by chapter 3 26 of the laws of 1994, is amended to read as follows: 4 2. a. An applicant for such an absentee ballot shall submit an appli- 5 cation setting forth (1) his or her name and residence address, includ- 6 ing the street and number, if any, or town and rural delivery route, if 7 any; (2) that he or she is or will be, on the day of the school district 8 election, a qualified voter of the school district in which he or she 9 resides in that he or she is or will be, on such date, over eighteen 10 years of age, a citizen of the United States and has or will have 11 resided in the district for thirty days next preceding such date; and 12 (3) that he or she will be unable to appear to vote in person on the day 13 of the school district election for which the absentee ballot is 14 requested because he or she is, or will be on such day (a) a patient in 15 a hospital, or unable to appear personally at the polling place on such 16 day because of illness or physical disability [or]; (b) because his or 17 her duties, occupation, business, or studies will require him or her to 18 be outside of the county or city of his residence on such day[,]; (c) 19 because he or she will be on vacation outside the county or city of his 20 or her residence on such day; [or,] (d) absent from his or her voting 21 residence because he or she is detained in jail awaiting action by a 22 grand jury or awaiting trial or is confined in prison after conviction 23 for an offense other than a felony; or (e) prohibited from appearing 24 personally at the polling place of the election district in which he or 25 she is a qualified voter because he or she is a level two or level three 26 sex offender and such polling place is located on or within a school or 27 facility for children as the terms "level two and level three sex offen- 28 der" and "school or facility for children" are defined in section 145.75 29 of the penal law. 30 Such application must be received by the district clerk or designee of 31 the trustees or school board at least seven days before the election if 32 the ballot is to be mailed to the voter, or the day before the election, 33 if the ballot is to be delivered personally to the voter. 34 b. (1) Where such duties, occupation, business, or studies are of such 35 a nature as ordinarily to require such absence, a brief description of 36 such duties, occupation, business, or studies shall be set forth in such 37 application. 38 (2) Where such duties, occupation, business, or studies are not of 39 such a nature as ordinarily to require such absence, such application 40 shall contain a statement of the special circumstances on account of 41 which such absence is required. 42 c. Where the applicant expects in good faith to be absent on the day 43 of the election because he or she will be on vacation elsewhere on such 44 day, such application shall also contain the dates upon which he or she 45 expects to begin and end such vacation, the place or places where he or 46 she expects to be on such vacation, the name and address of his or her 47 employer, if any, and if self-employed or retired, a statement to that 48 effect. 49 d. Where the absence is because of detention or confinement to jail, 50 such application shall state whether the voter is detained awaiting 51 action of the grand jury or is confined after conviction for an offense 52 other than a felony. 53 e. Where the applicant indicates that he or she is prohibited from 54 appearing personally at the polling place of the election district in 55 which he or she is a qualified voter because he or she is a level two or 56 level three sex offender and such polling place is located on or withinS. 1529 6 1 a school or facility for children as the terms "level two and level 2 three sex offender" and "school or facility for children" are defined in 3 section 145.75 of the penal law such application shall state whether or 4 not the voter is currently under a sentence of imprisonment for a felony 5 or on parole. 6 f. Where a person is or would be, if he or she were a qualified voter, 7 entitled to apply for the right to vote by absentee ballot under the 8 provisions of this section, his or her spouse, parent or child, if a 9 qualified voter and a resident of the same school district, shall be 10 entitled to vote as an absentee voter upon personally making and signing 11 an application in accordance with the preceding provisions of this 12 subdivision and showing that he or she expects to be absent from the 13 school district on the day of the school district election by reason of 14 accompanying or being with the spouse, child or parent who is or would 15 be, if he or she were a qualified voter, so entitled to apply for the 16 right to vote by absentee ballot, and, in the event no application is 17 made by such spouse, child or parent, such further information as the 18 clerk of the school district or designee of the trustees or school board 19 shall require. 20 [f.] g. Such application shall include the following statement to be 21 signed 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 [g.] h. The clerk of the school district or a designee of the trustees 28 or school board shall request registration lists from the board of 29 elections pursuant to subdivision three of section 5-612 of the election 30 law for those voters whose registration record has been marked "perma- 31 nently disabled". An applicant whose ability to appear personally at the 32 polling place of the school district of which he or she is a qualified 33 voter is substantially impaired by reason of permanent illness or phys- 34 ical disability and whose registration record has been marked "perma- 35 nently disabled" as determined by the board of elections pursuant to the 36 provisions of this chapter and who has previously applied for an absen- 37 tee ballot shall be entitled to receive subsequent absentee ballots 38 pursuant to the provisions of this section without making separate 39 application for such absentee ballot, and the clerk of the school 40 district or a designee of the trustees or school board shall send an 41 absentee ballot to such voter at his or her last known address with a 42 request to the postal authorities not to forward same but to return same 43 in five days in the event that it cannot be delivered to the addressee. 44 The clerk of the school district or a designee of the trustees or school 45 board shall determine whether such ballot shall be sent by first class 46 or by certified mail. All such ballots shall be mailed in the same 47 manner as determined by the trustees or the board of education. 48 § 7. The election law is amended by adding a new section 17-172 to 49 read as follows: 50 § 17-172. Immunity and defense for poll workers and others related to 51 admittance of sex offenders to polling places. 1. No person shall be 52 civilly liable for refusing admittance of a level two or level three sex 53 offender to a polling place which is or is within a school or facilityS. 1529 7 1 for children as those terms are defined in section 145.75 of the penal 2 law, when such person is acting in good faith and in the performance of 3 their duties. For the purposes of this section, a person shall be deemed 4 to be acting in good faith if the name and address or name and approxi- 5 mate address based on zip code of the voter refused admission appears on 6 a list of level two or level three sex offenders provided by a board of 7 elections or the division of criminal justice services. 8 2. It shall be an affirmative defense to any charge of violating the 9 elective franchise of a voter based upon the refusing of admittance of a 10 level two or level three sex offender to a polling place which is or is 11 within a school or facility for children as those terms are defined in 12 section 145.75 of the penal law, that the name and address or name and 13 approximate address based on zip code of the voter refused admission 14 appears on a list of level two or level three sex offenders provided by 15 a board of elections or the division of criminal justice services. 16 § 8. This act shall take effect immediately and shall apply to 17 elections held on and after January 1, 2024. Effective immediately, the 18 addition, amendment and/or repeal of any rule or regulation necessary 19 for the implementation of this act on its effective date are authorized 20 to be made and completed on or before such effective date.
