Bill Text: NY A03524 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits level two or three sex offenders from voting at a school or facility for children.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Introduced) 2019-06-13 - held for consideration in codes [A03524 Detail]

Download: New_York-2019-A03524-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3524
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced by M. of A. NORRIS -- 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.
    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.
                                                                   LBD02355-01-9

        A. 3524                             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 added by
    49  chapter 219 of the laws of 1978, paragraphs a and b as amended by  chap-
    50  ter 136 of the laws of 1991, paragraph c as amended by chapter 26 of the
    51  laws  of  1994, paragraph d as amended by chapter 72 of the laws of 1988
    52  and paragraph g as amended by chapter  825  of  the  laws  of  1984,  is
    53  amended to read as follows:
    54    2.  a. An applicant for such an absentee ballot shall submit an appli-
    55  cation setting forth (1) his or her name and residence address,  includ-
    56  ing  the street and number, if any, or town and rural delivery route, if

        A. 3524                             3
     1  any; (2) that he or she is or will be, on the day of the school district
     2  election, a qualified voter of the school district in which  he  or  she
     3  resides  in  that  he  or she is or will be, on such date, over eighteen
     4  years  of  age,  a  citizen  of  the  United States and has or will have
     5  resided in the district for thirty days next preceding  such  date;  (3)
     6  whether  he or she is registered in the district; and (4) that he or she
     7  will be unable to appear to vote in person on  the  day  of  the  school
     8  district  election for which the absentee ballot is requested because he
     9  or she is, or will be on such day (a) a patient in a hospital, or unable
    10  to appear personally at the polling place on such day because of illness
    11  or physical disability [or]; (b) because his or her duties,  occupation,
    12  business, or studies will require him or her to be outside of the county
    13  or  city  of  his or her residence on such day[,]; (c) because he or she
    14  will be on vacation outside the county or city of his or  her  residence
    15  on  such  day;  [or,] (d) absent from his voting residence because he or
    16  she is detained in jail awaiting action by  a  grand  jury  or  awaiting
    17  trial  or  is  confined  in prison after conviction for an offense other
    18  than a felony; or (e) prohibited from appearing personally at the  poll-
    19  ing  place  of  the  election district in which he or she is a qualified
    20  voter because he or she is a level two or level three sex  offender  and
    21  such  polling  place  is  located  on or within a school or facility for
    22  children as the terms "level two  and  level  three  sex  offender"  and
    23  "school  or  facility for children" are defined in section 145.75 of the
    24  penal law.
    25    Such application must be received by the district clerk at least seven
    26  days before the election if the ballot is to be mailed to the voter,  or
    27  the day before the election, if the ballot is to be delivered personally
    28  to the voter.
    29    b. (1) Where such duties, occupation, business, or studies are of such
    30  a  nature  as ordinarily to require such absence, a brief description of
    31  such duties, occupation, business, or studies shall be set forth in such
    32  application. (2) Where such duties, occupation, business, or studies are
    33  not of such a nature as ordinarily to require such absence, such  appli-
    34  cation shall contain a statement of the special circumstances on account
    35  of which such absence is required.
    36    c.  Where  the applicant expects in good faith to be absent on the day
    37  of the election because he or she will be on vacation elsewhere on  such
    38  day,  such application shall also contain the dates upon which he or she
    39  expects to begin and end such vacation, the place or places where he  or
    40  she  expects  to be on such vacation, the name and address of his or her
    41  employer, if any, and if self-employed or retired, a statement  to  that
    42  effect.
    43    d.  Where  the absence is because of detention or confinement to jail,
    44  such application shall state whether  the  voter  is  detained  awaiting
    45  action  of the grand jury or is confined after conviction for an offense
    46  other than a felony.
    47    e. Where the applicant indicates he or she is prohibited from  appear-
    48  ing personally at the polling place of the election district in which he
    49  or  she  is  a qualified voter because he or she is a level two or level
    50  three sex offender and such polling place is  located  on  or  within  a
    51  school  or facility for children as the terms "level two and level three
    52  sex offender" and "school or  facility  for  children"  are  defined  in
    53  section  145.75 of the penal law such application shall state whether or
    54  not the voter is currently under a sentence of imprisonment for a felony
    55  or on parole.

        A. 3524                             4
     1    f. Where a person is or would be, if he or she were a qualified voter,
     2  entitled to apply for the right to vote by  absentee  ballot  under  the
     3  provisions  of  this  section,  his or her spouse, parent or child, if a
     4  qualified voter and a resident of the same  school  district,  shall  be
     5  entitled to vote as an absentee voter upon personally making and signing
     6  an  application  in  accordance  with  the  preceding provisions of this
     7  subdivision and showing that he or she expects to  be  absent  from  the
     8  school  district on the day of the school district election by reason of
     9  accompanying or being with the spouse, child or parent who is  or  would
    10  be,  if  he  or she were a qualified voter, so entitled to apply for the
    11  right to vote by absentee ballot, and, in the event  no  application  is
    12  made  by  such  spouse, child or parent, such further information as the
    13  board of registration shall require.
    14    [f.] g. Such application shall include the following statement  to  be
    15  signed by the voter.
    16    I hereby declare that the foregoing is a true statement to the best of
    17  my  knowledge  and  belief, and I understand that if I make any material
    18  false statement in the foregoing statement of application  for  absentee
    19  ballots, I shall be guilty of a misdemeanor.
    20  Date.....................Signature of Voter ............................
    21    [g.] h. An applicant whose ability to appear personally at the polling
    22  place  of the school district of which he or she is a qualified voter is
    23  substantially impaired by reason of permanent illness or physical  disa-
    24  bility  and whose registration record has been marked "permanently disa-
    25  bled" by the board of  elections  pursuant  to  the  provisions  of  the
    26  election law shall be entitled to receive an absentee ballot pursuant to
    27  the  provisions  of this section without making separate application for
    28  such absentee ballot, and the board of registration upon  being  advised
    29  by  the board of elections on or with the list of registered voters that
    30  the registration record of a  voter  is  marked  "permanently  disabled"
    31  shall  send  an  absentee  ballot to such voter at his or her last known
    32  address with a request to the postal authorities not to forward same but
    33  to return same in five days in the event that it cannot be delivered  to
    34  the  addressee.  The  board  of  education  shall determine whether such
    35  ballot shall be sent by first class  or  by  certified  mail.  All  such
    36  ballots shall be mailed in the same manner as determined by the board of
    37  education.  The board of registration shall make an appropriate entry on
    38  the registration indicating the fact that an absentee  ballot  has  been
    39  sent and the date of mailing.
    40    §  6. Subdivision 2 of section 2018-b of the education law, as amended
    41  by chapter 46 of the laws of 1992 and paragraph c as amended by  chapter
    42  26 of the laws of 1994, is amended to read as follows:
    43    2.  a. An applicant for such an absentee ballot shall submit an appli-
    44  cation setting forth (1) his or her name and residence address,  includ-
    45  ing  the street and number, if any, or town and rural delivery route, if
    46  any; (2) that he or she is or will be, on the day of the school district
    47  election, a qualified voter of the school district in which  he  or  she
    48  resides  in  that  he  or she is or will be, on such date, over eighteen
    49  years of age, a citizen of the  United  States  and  has  or  will  have
    50  resided  in  the  district for thirty days next preceding such date; and
    51  (3) that he or she will be unable to appear to vote in person on the day
    52  of the school  district  election  for  which  the  absentee  ballot  is
    53  requested  because he or she is, or will be on such day (a) a patient in
    54  a hospital, or unable to appear personally at the polling place on  such

        A. 3524                             5
     1  day  because  of illness or physical disability [or]; (b) because his or
     2  her duties, occupation, business, or studies will require him or her  to
     3  be  outside  of  the county or city of his residence on such day[,]; (c)
     4  because  he or she will be on vacation outside the county or city of his
     5  or her residence on such day; [or,] (d) absent from his  or  her  voting
     6  residence  because  he  or  she is detained in jail awaiting action by a
     7  grand jury or awaiting trial or is confined in prison  after  conviction
     8  for  an  offense  other  than a felony; or (e) prohibited from appearing
     9  personally at the polling place of the election district in which he  or
    10  she is a qualified voter because he or she is a level two or level three
    11  sex  offender and such polling place is located on or within a school or
    12  facility for children as the terms "level two and level three sex offen-
    13  der" and "school or facility for children" are defined in section 145.75
    14  of the penal law.
    15    Such application must be received by the district clerk or designee of
    16  the trustees or school board at least seven days before the election  if
    17  the ballot is to be mailed to the voter, or the day before the election,
    18  if the ballot is to be delivered personally to the voter.
    19    b. (1) Where such duties, occupation, business, or studies are of such
    20  a  nature  as ordinarily to require such absence, a brief description of
    21  such duties, occupation, business, or studies shall be set forth in such
    22  application.
    23    (2) Where such duties, occupation, business, or  studies  are  not  of
    24  such  a  nature  as ordinarily to require such absence, such application
    25  shall contain a statement of the special  circumstances  on  account  of
    26  which such absence is required.
    27    c.  Where  the applicant expects in good faith to be absent on the day
    28  of the election because he or she will be on vacation elsewhere on  such
    29  day,  such application shall also contain the dates upon which he or she
    30  expects to begin and end such vacation, the place or places where he  or
    31  she  expects  to be on such vacation, the name and address of his or her
    32  employer, if any, and if self-employed or retired, a statement  to  that
    33  effect.
    34    d.  Where  the absence is because of detention or confinement to jail,
    35  such application shall state whether  the  voter  is  detained  awaiting
    36  action  of the grand jury or is confined after conviction for an offense
    37  other than a felony.
    38    e.  Where the applicant indicates that he or she  is  prohibited  from
    39  appearing  personally  at  the polling place of the election district in
    40  which he or she is a qualified voter because he or she is a level two or
    41  level three sex offender and such polling place is located on or  within
    42  a  school  or  facility  for  children as the terms "level two and level
    43  three sex offender" and "school or facility for children" are defined in
    44  section 145.75 of the penal law such application shall state whether  or
    45  not the voter is currently under a sentence of imprisonment for a felony
    46  or on parole.
    47    f. Where a person is or would be, if he or she were a qualified voter,
    48  entitled  to  apply  for  the right to vote by absentee ballot under the
    49  provisions of this section, his or her spouse, parent  or  child,  if  a
    50  qualified  voter  and  a  resident of the same school district, shall be
    51  entitled to vote as an absentee voter upon personally making and signing
    52  an application in accordance  with  the  preceding  provisions  of  this
    53  subdivision  and  showing  that  he or she expects to be absent from the
    54  school district on the day of the school district election by reason  of
    55  accompanying  or  being with the spouse, child or parent who is or would
    56  be, if he or she were a qualified voter, so entitled to  apply  for  the

        A. 3524                             6
     1  right  to  vote  by absentee ballot, and, in the event no application is
     2  made by such spouse, child or parent, such further  information  as  the
     3  clerk of the school district or designee of the trustees or school board
     4  shall require.
     5    [f.]  g.  Such application shall include the following statement to be
     6  signed by the voter.
     7    I hereby declare that the foregoing is a true statement to the best of
     8  my knowledge and belief, and I understand that if I  make  any  material
     9  false  statement  in the foregoing statement of application for absentee
    10  ballots, I shall be guilty of a misdemeanor.
    11  Date......................Signature of Voter ...........................
    12    [g.] h. The clerk of the school district or a designee of the trustees
    13  or school board shall request  registration  lists  from  the  board  of
    14  elections pursuant to subdivision three of section 5-612 of the election
    15  law  for  those voters whose registration record has been marked "perma-
    16  nently disabled". An applicant whose ability to appear personally at the
    17  polling place of the school district of which he or she is  a  qualified
    18  voter  is substantially impaired by reason of permanent illness or phys-
    19  ical disability and whose registration record has  been  marked  "perma-
    20  nently disabled" as determined by the board of elections pursuant to the
    21  provisions  of this chapter and who has previously applied for an absen-
    22  tee ballot shall be entitled  to  receive  subsequent  absentee  ballots
    23  pursuant  to  the  provisions  of  this  section without making separate
    24  application for such absentee  ballot,  and  the  clerk  of  the  school
    25  district  or  a  designee  of the trustees or school board shall send an
    26  absentee ballot to such voter at his or her last known  address  with  a
    27  request to the postal authorities not to forward same but to return same
    28  in  five days in the event that it cannot be delivered to the addressee.
    29  The clerk of the school district or a designee of the trustees or school
    30  board shall determine whether such ballot shall be sent by  first  class
    31  or  by  certified  mail.  All  such  ballots shall be mailed in the same
    32  manner as determined by the trustees or the board of education.
    33    § 7. The election law is amended by adding a  new  section  17-172  to
    34  read as follows:
    35    §  17-172. Immunity and defense for poll workers and others related to
    36  admittance of sex offenders to polling places. 1.  No  person  shall  be
    37  civilly liable for refusing admittance of a level two or level three sex
    38  offender  to  a polling place which is or is within a school or facility
    39  for children as those terms are defined in section 145.75 of  the  penal
    40  law,  when such person is acting in good faith and in the performance of
    41  their duties. For the purposes of this section, a person shall be deemed
    42  to be acting in good faith if the name and address or name and  approxi-
    43  mate address based on zip code of the voter refused admission appears on
    44  a  list of level two or level three sex offenders provided by a board of
    45  elections or the division of criminal justice services.
    46    2. It shall be an affirmative defense to any charge of  violating  the
    47  elective franchise of a voter based upon the refusing of admittance of a
    48  level  two or level three sex offender to a polling place which is or is
    49  within a school or facility for children as those terms are  defined  in
    50  section  145.75  of the penal law, that the name and address or name and
    51  approximate address based on zip code of  the  voter  refused  admission
    52  appears  on a list of level two or level three sex offenders provided by
    53  a board of elections or the division of criminal justice services.

        A. 3524                             7
     1    § 8. This act  shall  take  effect  immediately  and  shall  apply  to
     2  elections  held  on  and  after January 1, 2020, provided that the state
     3  board of elections shall be authorized to promulgate  any  rules,  regu-
     4  lations,  forms, or notices required to carry out the provisions of this
     5  act prior to such effective date.
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