Bill Text: NY A04181 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes the right of access to multiple dwelling units and other multiple unit facilities used as a residence, by candidates for elected office and their volunteers for campaigning or registering voters; allows owners or managers of facilities to require identification, set reasonable hours for access, require advance notice and limit the numbers of volunteers allowed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to election law [A04181 Detail]

Download: New_York-2021-A04181-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4181

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Election Law

        AN ACT to amend the election law, in relation to access to multiple unit
          dwellings  by candidates and volunteers for the purpose of campaigning
          or registering voters

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The election law is amended by adding a new section 3-109
     2  to read as follows:
     3    § 3-109. Access to multiple unit dwellings by  candidates  and  volun-
     4  teers. 1. It is unlawful for a person, either directly or indirectly, to
     5  deny access to an apartment house, dormitory, nursing home, manufactured
     6  home  park, other multiple unit facility used as a residence, or an area
     7  in which two or more single-family  dwellings  are  located  on  private
     8  roadways to a candidate who has:
     9    (a)  organized  a campaign committee under applicable federal or state
    10  law;
    11    (b) filed a financial report as required by  section  14-104  of  this
    12  chapter; or
    13    (c)  filed a certification of nomination or designation as a candidate
    14  for elected office.
    15    A candidate granted access under this section shall be allowed  to  be
    16  accompanied by campaign volunteers.
    17    2.  Access  to  a  facility  or area is only required if it is located
    18  within the district or area that will be represented by  the  office  to
    19  which the candidate seeks election, and the candidate and any accompany-
    20  ing  campaign  volunteers  seek  access  exclusively  for the purpose of
    21  campaigning for a candidate or registering voters. The candidate must be
    22  seeking election to office at the next general or special election to be
    23  held for that office.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06700-01-1
        A. 4181                             2

     1    3. A candidate and any accompanying campaign volunteers granted access
     2  under this section shall be permitted to leave  campaign  materials  for
     3  residents  at their doors, except that the manager of a nursing home may
     4  direct that the campaign materials be left at a central location  within
     5  the facility. The campaign materials must be left in an orderly manner.
     6    4.  If a facility or area contains multiple buildings, a candidate and
     7  accompanying volunteers must be permitted to access more than one build-
     8  ing on a single visit, but access is limited to only one building  at  a
     9  time.  If multiple candidates are traveling together, each candidate and
    10  that candidate's accompanying volunteers are limited to one building  at
    11  a  time, but all of the candidates and accompanying volunteers traveling
    12  together shall not be restricted to accessing the same building  at  the
    13  same time.
    14    5. The provisions of this section shall not prohibit:
    15    (a)  denial  of admittance into a particular apartment, room, manufac-
    16  tured home, or personal residential unit;
    17    (b) requiring reasonable and  proper  identification  as  a  necessary
    18  prerequisite to admission to a multiple unit dwelling;
    19    (c)  in the case of a nursing home or assisted living facility, denial
    20  of permission to visit certain persons for valid health reasons;
    21    (d) limiting visits by candidates or  volunteers  accompanied  by  the
    22  candidate to a reasonable number of persons or during reasonable hours;
    23    (e) requiring a prior appointment to gain access to the facility; or
    24    (f) denial of admittance to or expulsion from a multiple unit dwelling
    25  for good cause.
    26    6. A violation of this section is a misdemeanor.
    27    § 2. This act shall take effect immediately.