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S2444Senate2009-2010 Session

Increases penalties for violations of the elective franchise

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
Andrea Stewart-Cousins

Senator · Senate District 35

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 increasing penalties for violations of the elective franchise

Purpose

Increases the penalties for violations of the electoral franchise statutes contained in Article seventeen of the Election Law.

Summary of provisions

Section one amends Election Law section 17-166 to clarify and increase penalties for violations of any statute contained within the article.

Section two states that the act shall take effect on the first of November next succeeding the date on which it shall have became a law.

Existing law

Existing law simply states that a violation of article 17 results in conviction as a misdemeanor, with subsequent violations resulting in conviction of a felony. Different classes for said crimes are not enumerated within the statute.

Justification

Unfortunately, and all too often, violations of the electoral franchise go ignored and unnoticed. In the rare cases when investigations or criminal charges are brought forth against people who have attempted to obstruct the will of the voters, the local district attorney is constrained by the lax penalties he or she can prosecute on as set forth in the election law.

Current law does not specify which class of misdemeanor a person should be charged under for violation of a statute contained in article 17 of the election law. Nor does the law differentiate between different classes of felonies for those who are found to have repeatedly violated the provisions of the article. This bill would clarify the charges a person could be found guilty of under this section of law and increase penalties for those who are found to have repeatedly violated the electoral franchise, giving law enforcement more power in prosecuting these important matters.

Legislative history

2007-2008: S.3930 - Died Elections

Fiscal implications

None.

Effective date

This act shall take effect on the first of November, next succeeding the date on which it shall have become law.

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