Bill Text: NY S02696 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits level two or three sex offenders from voting at a school or facility for children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S02696 Detail]
Download: New_York-2021-S02696-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2696 2021-2022 Regular Sessions IN SENATE January 22, 2021 ___________ 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. LBD01692-01-1S. 2696 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 139 of the laws of 2020, is amended to read 13 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 § 2-a. Paragraph (d) of subdivision 1 of section 8-400 of the 26 election law, as amended by chapter 63 of the laws of 2010, is amended 27 and a new paragraph (e) is added to read as follows: 28 (d) absent from his or her voting residence because he or she is 29 detained in jail awaiting action by a grand jury or awaiting trial, or 30 confined in jail or prison after a conviction for an offense other than 31 a felony, provided that he or she is qualified to vote in the election 32 district of his or her residence[.]; or 33 (e) prohibited from appearing personally at the polling place of the 34 election district in which he or she is a qualified voter because he or 35 she is a level two or level three sex offender and such polling place is 36 located on or within a school or facility for children as the terms 37 "level two and level three sex offender" and "school or facility for 38 children" are defined in section 145.75 of the penal law. 39 § 3. Subparagraph (iv) of paragraph (c) of subdivision 3 of section 40 8-400 of the election law, as amended by chapter 63 of the laws of 2010, 41 is amended and a new subparagraph (v) is added to read as follows: 42 (iv) detained in jail awaiting action by a grand jury or awaiting 43 trial or confined in jail or prison after a conviction for an offense 44 other than a felony and stating the place where he or she is so detained 45 or confined[.]; or 46 (v) prohibited from appearing personally at the polling place of the 47 election district in which he or she is a qualified voter because he or 48 she is a level two or level three sex offender and such polling place is 49 located on or within a school or facility for children as the terms 50 "level two and level three sex offender" and "school or facility for 51 children" are defined in section 145.75 of the penal law. 52 § 4. Section 8-400 of the election law is amended by adding a new 53 subdivision 11 to read as follows: 54 11. Sixty days before each election the board of elections shall 55 compile a list of all level two and level three registered sex offenders 56 entitled to receive absentee ballots pursuant to the provisions of thisS. 2696 3 1 section. The board of elections shall, by mail addressed to such sex 2 offender at his or her registered address, send an absentee ballot for 3 the ensuing election to such person in the same manner as provided in 4 this section for a qualified voter entitled to an absentee ballot 5 because of illness or disability. 6 § 5. Subdivision 2 of section 2018-a of the education law, as amended 7 by chapter 616 of the laws of 2019, is amended to read as follows: 8 2. a. A qualified voter may vote as an absentee voter under this 9 section if during all the hours of voting on the day of an election he 10 or she will be: 11 (1) absent from the county of his or her residence; or 12 (2) unable to appear at the polling place because of illness or phys- 13 ical disability, or duties related to the primary care of one or more 14 individuals who are ill or physically disabled, or because he or she 15 will be or is a patient in a hospital; or 16 (3) an inmate or patient of a veteran's administration hospital; or 17 (4) 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 (5) 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 b. Each person entitled to vote as an absentee voter pursuant to this 29 section and desirous of obtaining an absentee ballot shall make written 30 application therefor to the district clerk. Application forms for use 31 pursuant to this section shall be in a form prescribed by the state 32 board of elections. The use of any application which is on a form 33 prescribed by the state board of elections shall be acceptable. 34 c. The application for an absentee ballot when filed must contain in 35 each instance the following information: 36 (1) Applicant's full name, date of birth, and residence address, 37 including the street and number, if any, rural delivery route, if any, 38 mailing address if different from the residence address and an address 39 to which the ballot shall be mailed. 40 (2) A statement that the applicant is a qualified and registered 41 voter. 42 (3) A statement, as appropriate, that on the day of such election the 43 applicant expects in good faith to be in one of the following catego- 44 ries: 45 (a) absent from the county of his or her residence; provided, however, 46 if the applicant expects to be absent from such county for a duration 47 covering more than one election and seeks an absentee ballot for each 48 election, he or she shall state the dates when he or she expects to 49 begin and end such absence; or 50 (b) unable to appear at a polling place because of illness or physical 51 disability or duties related to the primary care of one or more individ- 52 uals who are ill or physically disabled; or 53 (c) an inmate or patient of a veteran's administration hospital; or 54 (d) detained in jail awaiting action by a grand jury or awaiting trial 55 or confined in jail or prison after a conviction for an offense otherS. 2696 4 1 than a felony and stating the place where he or she is so detained or 2 confined[.]; or 3 (e) prohibited from appearing personally at the polling place of the 4 election district in which he or she is a qualified voter because he or 5 she is a level two or level three sex offender and such polling place is 6 located on or within a school or facility for children as the terms 7 "level two and level three sex offender" and "school or facility for 8 children" are defined in section 145.75 of the penal law. 9 d. Where the applicant indicates he or she is prohibited from appear- 10 ing personally at the polling place of the election district in which he 11 or she is a qualified voter because he or she is a level two or level 12 three sex offender and such polling place is located on or within a 13 school or facility for children as the terms "level two and level three 14 sex offender" and "school or facility for children" are defined in 15 section 145.75 of the penal law such application shall state whether or 16 not the voter is currently under a sentence of imprisonment for a felony 17 or on parole. 18 e. Such application shall include the following statement to be signed 19 by the voter. 20 I hereby declare that the foregoing is a true statement to the best of 21 my knowledge and belief, and I understand that if I make any material 22 false statement in the foregoing statement of application for absentee 23 ballots, I shall be guilty of a misdemeanor. 24 Date.....................Signature of Voter ........................... 25 [e.] f. An applicant whose ability to appear personally at the polling 26 place of the school district of which he or she is a qualified voter is 27 substantially impaired by reason of permanent illness or physical disa- 28 bility and whose registration record has been marked "permanently disa- 29 bled" by the board of elections pursuant to the provisions of the 30 election law shall be entitled to receive an absentee ballot pursuant to 31 the provisions of this section without making separate application for 32 such absentee ballot, and the board of registration upon being advised 33 by the board of elections on or with the list of registered voters that 34 the registration record of a voter is marked "permanently disabled" 35 shall send an absentee ballot to such voter at his or her last known 36 address with a request to the postal authorities not to forward same but 37 to return same in five days in the event that it cannot be delivered to 38 the addressee. The board of education shall determine whether such 39 ballot shall be sent by first class or by certified mail. All such 40 ballots shall be mailed in the same manner as determined by the board of 41 education. The board of registration shall make an appropriate entry on 42 the registration indicating the fact that an absentee ballot has been 43 sent and the date of mailing. 44 [f.] g. An application must be received by the district clerk no 45 earlier than the thirtieth day before the election for which an absentee 46 ballot is sought. If the application requests that the absentee ballot 47 be mailed, such application must be received not later than seven days 48 before the election. If the applicant or his or her agent delivers the 49 application to the district clerk in person, such application must be 50 received not later than the day before the election. The district clerk 51 shall examine each application and shall determine from the information 52 contained therein whether the applicant is qualified under this section 53 to receive an absentee ballot.S. 2696 5 1 [g.] h. No later than six days before the election for which an appli- 2 cation has been received and for which the district clerk has determined 3 the applicant to be qualified to vote by absentee ballot the district 4 clerk shall mail, by regular mail, an absentee ballot to each qualified 5 applicant who has applied before such day and who has requested that 6 such absentee ballot be mailed to him or her at the address set forth in 7 his or her application. If the applicant or his or her agent delivers 8 the application to the district clerk in person after the seventh day 9 before the election and not later than the day before the election, the 10 district clerk shall forthwith deliver such absentee ballots for those 11 applicants whom he or she determines are qualified to make such applica- 12 tions and to receive such ballots to such applicants or the agents named 13 in the applications when such applicants or agents appear in the 14 district clerk's office. 15 § 6. Subdivision 2 of section 2018-b of the education law, as amended 16 by chapter 46 of the laws of 1992 and paragraph c as amended by chapter 17 26 of the laws of 1994, is amended to read as follows: 18 2. a. An applicant for such an absentee ballot shall submit an appli- 19 cation setting forth (1) his or her name and residence address, includ- 20 ing the street and number, if any, or town and rural delivery route, if 21 any; (2) that he or she is or will be, on the day of the school district 22 election, a qualified voter of the school district in which he or she 23 resides in that he or she is or will be, on such date, over eighteen 24 years of age, a citizen of the United States and has or will have 25 resided in the district for thirty days next preceding such date; and 26 (3) that he or she will be unable to appear to vote in person on the day 27 of the school district election for which the absentee ballot is 28 requested because he or she is, or will be on such day (a) a patient in 29 a hospital, or unable to appear personally at the polling place on such 30 day because of illness or physical disability [or]; (b) because his or 31 her duties, occupation, business, or studies will require him or her to 32 be outside of the county or city of his residence on such day[,]; (c) 33 because he or she will be on vacation outside the county or city of his 34 or her residence on such day; [or,] (d) absent from his or her voting 35 residence because he or she is detained in jail awaiting action by a 36 grand jury or awaiting trial or is confined in prison after conviction 37 for an offense other than a felony; or (e) prohibited from appearing 38 personally at the polling place of the election district in which he or 39 she is a qualified voter because he or she is a level two or level three 40 sex offender and such polling place is located on or within a school or 41 facility for children as the terms "level two and level three sex offen- 42 der" and "school or facility for children" are defined in section 145.75 43 of the penal law. 44 Such application must be received by the district clerk or designee of 45 the trustees or school board at least seven days before the election if 46 the ballot is to be mailed to the voter, or the day before the election, 47 if the ballot is to be delivered personally to the voter. 48 b. (1) Where such duties, occupation, business, or studies are of such 49 a nature as ordinarily to require such absence, a brief description of 50 such duties, occupation, business, or studies shall be set forth in such 51 application. 52 (2) Where such duties, occupation, business, or studies are not of 53 such a nature as ordinarily to require such absence, such application 54 shall contain a statement of the special circumstances on account of 55 which such absence is required.S. 2696 6 1 c. Where the applicant expects in good faith to be absent on the day 2 of the election because he or she will be on vacation elsewhere on such 3 day, such application shall also contain the dates upon which he or she 4 expects to begin and end such vacation, the place or places where he or 5 she expects to be on such vacation, the name and address of his or her 6 employer, if any, and if self-employed or retired, a statement to that 7 effect. 8 d. Where the absence is because of detention or confinement to jail, 9 such application shall state whether the voter is detained awaiting 10 action of the grand jury or is confined after conviction for an offense 11 other than a felony. 12 e. Where the applicant indicates that he or she is prohibited from 13 appearing personally at the polling place of the election district in 14 which he or she is a qualified voter because he or she is a level two or 15 level three sex offender and such polling place is located on or within 16 a school or facility for children as the terms "level two and level 17 three sex offender" and "school or facility for children" are defined in 18 section 145.75 of the penal law such application shall state whether or 19 not the voter is currently under a sentence of imprisonment for a felony 20 or on parole. 21 f. Where a person is or would be, if he or she were a qualified voter, 22 entitled to apply for the right to vote by absentee ballot under the 23 provisions of this section, his or her spouse, parent or child, if a 24 qualified voter and a resident of the same school district, shall be 25 entitled to vote as an absentee voter upon personally making and signing 26 an application in accordance with the preceding provisions of this 27 subdivision and showing that he or she expects to be absent from the 28 school district on the day of the school district election by reason of 29 accompanying or being with the spouse, child or parent who is or would 30 be, if he or she were a qualified voter, so entitled to apply for the 31 right to vote by absentee ballot, and, in the event no application is 32 made by such spouse, child or parent, such further information as the 33 clerk of the school district or designee of the trustees or school board 34 shall require. 35 [f.] g. Such application shall include the following statement to be 36 signed by the voter. 37 I hereby declare that the foregoing is a true statement to the best of 38 my knowledge and belief, and I understand that if I make any material 39 false statement in the foregoing statement of application for absentee 40 ballots, I shall be guilty of a misdemeanor. 41 Date......................Signature of Voter ........................... 42 [g.] h. The clerk of the school district or a designee of the trustees 43 or school board shall request registration lists from the board of 44 elections pursuant to subdivision three of section 5-612 of the election 45 law for those voters whose registration record has been marked "perma- 46 nently disabled". An applicant whose ability to appear personally at the 47 polling place of the school district of which he or she is a qualified 48 voter is substantially impaired by reason of permanent illness or phys- 49 ical disability and whose registration record has been marked "perma- 50 nently disabled" as determined by the board of elections pursuant to the 51 provisions of this chapter and who has previously applied for an absen- 52 tee ballot shall be entitled to receive subsequent absentee ballots 53 pursuant to the provisions of this section without making separateS. 2696 7 1 application for such absentee ballot, and the clerk of the school 2 district or a designee of the trustees or school board shall send an 3 absentee ballot to such voter at his or her last known address with a 4 request to the postal authorities not to forward same but to return same 5 in five days in the event that it cannot be delivered to the addressee. 6 The clerk of the school district or a designee of the trustees or school 7 board shall determine whether such ballot shall be sent by first class 8 or by certified mail. All such ballots shall be mailed in the same 9 manner as determined by the trustees or the board of education. 10 § 7. The election law is amended by adding a new section 17-172 to 11 read as follows: 12 § 17-172. Immunity and defense for poll workers and others related to 13 admittance of sex offenders to polling places. 1. No person shall be 14 civilly liable for refusing admittance of a level two or level three sex 15 offender to a polling place which is or is within a school or facility 16 for children as those terms are defined in section 145.75 of the penal 17 law, when such person is acting in good faith and in the performance of 18 their duties. For the purposes of this section, a person shall be deemed 19 to be acting in good faith if the name and address or name and approxi- 20 mate address based on zip code of the voter refused admission appears on 21 a list of level two or level three sex offenders provided by a board of 22 elections or the division of criminal justice services. 23 2. It shall be an affirmative defense to any charge of violating the 24 elective franchise of a voter based upon the refusing of admittance of a 25 level two or level three sex offender to a polling place which is or is 26 within a school or facility for children as those terms are defined in 27 section 145.75 of the penal law, that the name and address or name and 28 approximate address based on zip code of the voter refused admission 29 appears on a list of level two or level three sex offenders provided by 30 a board of elections or the division of criminal justice services. 31 § 8. This act shall take effect immediately and shall apply to 32 elections held on and after January 1, 2022, provided, however, that the 33 amendments to subdivision 1 of section 8-400 of the election law made by 34 section two of this act shall be subject to the expiration and reversion 35 of such subdivision pursuant to section 2 of chapter 139 of the laws of 36 2020, as amended, when upon such date the provisions of section two-a of 37 this act shall take effect. The state board of elections shall be 38 authorized to promulgate any rules, regulations, forms, or notices 39 required to carry out the provisions of this act prior to such effective 40 date.
