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S210Senate2009-2010 Session

Relates to criminal penalties for election misconduct

Sponsor Carl KrugerSD-27Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Elections
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Elections

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Who cares

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Sponsors

Primary sponsor
Carl Kruger

Senator · Senate District 27

No co-sponsors yet.

History

  1. Referred to elections
  2. Referred to elections

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the election law, in relation to criminal penalties for election misconduct

Purpose

Enhances criminal enforcement by conforming the fines imposed under the election law to those imposed for comparable crimes under the penal law and clarifying that all instances of false witnessing of petitions are misdemeanors under the election law.

Summary of provisions

Section one adds clarifying language to subdivision two of § 14-126 by cross-referencing to elsewhere in that section wherein evasion of contribution limits through unauthorized committees or expenditures is a felony, rather than a misdemeanor. section two expands subdivision seven of § 17-132 to prohibit false witnessing of petitions not only by subscribing witnesses but also by notaries public and commissioners of deeds. Section three replaces the specific penalty provisions in §17-166 for first time misdemeanors with a statement that, in accordance with § 55.10 of the penal law, such crimes are class A misdemeanors. Consequently, the penalty provisions in the penal law would govern. conforming language relating to felonies is also added without any substantive change. In addition, the repeat offender language is amended so that it applies not only to a person convicted of a second misdemeanor, but also to a person convicted of a misdemeanor after being convicted of a felony.

Justification

By expanding the crime of false witnessing to notaries public and commissioners of deed, this bill clearly establishes the State Board's jurisdiction to investigate such matters. Currently, § 17-132(7) establishes that false witnessing by a subscribing witness to a petition is a misdemeanor, but makes no reference to notaries public and commissioners of deeds who are also authorized to witness petitions. While false witnessing by a commissioner of deeds may be construed to be prohibited by § 135-a of the Executive Law, which prohibits fraud or deceit, the State Board's jurisdiction is limited to alleged violations of the election law. It is unlikely that the Legislature intended the State Board to investigate only those false witnessing cases involving subscribing witnesses and therefore this bill would correct that oversight.

Effective date

This act shall take effect immediately, provided that section two of this act shall take effect on the first of November next succeeding the date on which it shall become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.