Bill Text: NY S05758 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Makes the suppression of voters a civil violation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ELECTIONS [S05758 Detail]

Download: New_York-2019-S05758-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5758

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 14, 2019
                                       ___________

        Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Elections

        AN ACT to amend  the  election  law,  in  relation  to  prohibiting  the
          suppression of voters

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

     1    Section 1.  This act shall be known and may be cited as the "deceptive
     2  practices and voter suppression prevention act".
     3    § 2. The election law is amended by adding a  new  section  17-151  to
     4  read as follows:
     5    §  17-151.  Deceptive practices.   1. Any person, political committee,
     6  labor organization, corporation, or other entity, whether  acting  under
     7  color of law or otherwise, who knowingly communicates or knowingly caus-
     8  es to be communicated deceptive information, knowing such information to
     9  be  false  and,  in  acting  in the manner described, prevents or deters
    10  another person from exercising the right to vote  in  any  election,  is
    11  guilty of a misdemeanor.
    12    2.  The  following  definitions  are  applicable  to this section: (a)
    13  "deceptive information" means false information regarding: (i) the time,
    14  place, or manner  of  any  election;  (ii)  the  qualifications  for  or
    15  restrictions on voter eligibility for any election, including any penal-
    16  ties  associated  with  voting  by  ineligible voters; (iii) information
    17  regarding a voter's registration status  or  eligibility;  or  (iv)  the
    18  political party affiliation of any candidate; and
    19    (b) "election" as used in this article shall be deemed to apply to and
    20  include  all  elections  administered  by  the state or city of New York
    21  boards of elections, or any county board  of  elections,  including  any
    22  general,  primary,  run-off,  or special election for any state or local
    23  office or ballot proposition.
    24    3. Any person aggrieved by a violation  of  subdivision  one  of  this
    25  section  may  institute  a  civil  action or other proper proceeding for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05069-01-9
        S. 5758                             2

     1  preventative relief, or may apply for a permanent or  temporary  injunc-
     2  tion,  restraining  order,  declaratory  judgment, or other order in any
     3  court with jurisdiction pursuant to section 16-100 of this chapter.
     4    4.  Any  attempt  to commit an offense described in subdivision one of
     5  this section, in accordance with the applicable provision of  the  penal
     6  law, is a class B misdemeanor.
     7    5.  The  provisions  of article twenty and article one hundred five of
     8  the penal law, relating to criminal liability for conduct of another and
     9  conspiracy, shall apply to prosecutions under this section.
    10    6. Notwithstanding any other provision of law,  the  attorney  general
    11  shall  have  concurrent  jurisdiction  with any district attorney in the
    12  prosecution of any offenses under this  section  relating  to  deceptive
    13  practices as well as any offenses arising out of such prosecution.
    14    §  3.  The  election  law is amended by adding a new section 17-153 to
    15  read as follows:
    16    § 17-153. Suppression of voters. 1. Any person,  political  committee,
    17  labor  organization,  corporation,  or  other  entity  who suppresses or
    18  threatens to suppress the right of any person to lawfully exercise their
    19  franchise, or in any other manner compels such  person  to  vote  or  to
    20  refrain  from  voting  for  or against a particular candidate for public
    21  office or for or against a particular ballot proposition is guilty of  a
    22  class A misdemeanor.
    23    2. For purposes of this section, the term "suppress" shall mean to use
    24  force,  authority  or an abuse of power to prevent, restrain, inhibit or
    25  compel another from acting in his or her own interests or intentions, or
    26  into not acting at all.
    27    3. Any person, political committee, labor organization, or corporation
    28  who attempts to commit an offense described in subdivision one  of  this
    29  section is guilty of a class B misdemeanor.
    30    4.  The  provisions  of article twenty and article one hundred five of
    31  the penal law, relating to criminal liability for conduct of another and
    32  conspiracy shall apply to prosecutions under this section.
    33    5. Notwithstanding any other provision of law,  the  attorney  general
    34  shall  have  concurrent  jurisdiction  with any district attorney in the
    35  prosecution of any offenses under this  section  relating  to  deceptive
    36  practices as well as any offenses arising out of such prosecution.
    37    § 4. Section 17-166 of the election law is amended to read as follows:
    38    §  17-166.  Penalty.  Any person convicted of a misdemeanor under this
    39  article shall for a first offense be punished by a sentence of imprison-
    40  ment for not more than one year, or by a  fine  of  not  less  than  one
    41  hundred dollars nor more than five hundred dollars, or by both such fine
    42  and imprisonment. Any person who, having been convicted of a misdemeanor
    43  under this article, shall thereafter be convicted of another misdemeanor
    44  under this article, shall be guilty of a felony.
    45    Any person convicted of a felony under this article shall be convicted
    46  of  a  class  E felony for a first offense and for any subsequent felony
    47  offense under this article, a class D felony.
    48    § 5. This act shall take effect immediately.