Prohibits level two or three sex offenders from voting at a school or facility for children

BILL NUMBER:S1069

Title of bill

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

Purpose

To prevent those registered level 2 or 3 sex offenders that are already restricted from entering school grounds to include entering school grounds for the purpose of voting.

Summary of provisions

Amends subdivision 1 of section 8-400 of election law to add a new paragraph (e) that a person would be "unable In appear personally at the polling place of the election district in which he or she is a qualified voter because he or she is a level two or three registered sex offender and such polling place is a school."

Amends subparagraph (vi) of paragraph (c) of subdivision 3 of section 8-400 of the election law to add new subparagraph (vii) which outlines that an individual is still "entitled to a ballot even though he or she is a registered sex offender, but will not be permitted to enter the polling place of the election district which he or she is qualified to vote because it is located in a school."

Amends Section 8-400 of the election law by adding new subdivision 11 in regards to absentee ballots. "Sixty days before each election the board of elections shall compile a list of all level two and three registered sex offenders entitled to receive absent ballots pursuant to the provisions of this section. The board of elections, shall by mail addressed to such sex offender as his or her registered address, sent an absentee ballot for the ensuing election to such person in the same manner as provided herein for a qualified voter entitled to an absentee ballot because of illness or disability."

Justification

Level two and three registered sex offenders are already prohibited from entering or being in proximity of school buildings and grounds by law. However, if their polling place for their election district is a school building or facility for children they are allowed to enter the school or facility for children for the purpose of casting their ballot. This legislation seeks to rectify this loophole to keep such offenders from entering school buildings or facilities for any purpose while still upholding their right to vote by means of absentee ballot.

Legislative history

S.6920-A/A.9699-A of 2007-2008; Referred to Senate Codes Committee S.3212/A.260B of 2009-2010; Referred to Codes S.224-A/A.2180-A of 2011-2012; Referred to Codes

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately and shall apply to elections held on and after January 1, 2014, with provisions.