What's happening
This bill criminalizes deceptive practices and voter suppression in New York elections, establishing new penalties and enforcement mechanisms.
Why it matters
Targets False Election Information. The bill defines and criminalizes the intentional dissemination of false information about elections (such as time, location, eligibility, or candidate affiliation) when done to deter or prevent someone from voting, making it a misdemeanor. This aims to directly address and discourage tactics that undermine voter confidence and participation.
Broad Scope of Accountability. Not just individuals, but political committees, labor organizations, corporations, and entities acting officially or unofficially can be held criminally liable—addressing both grassroots and institutional actors in voter suppression schemes.
Empowers Victims and Expands Enforcement. Individuals harmed by deceptive practices can seek civil remedies like injunctions or declaratory judgments, and both the state Attorney General and local district attorneys can prosecute offenders. This dual enforcement mechanism increases the likelihood that violations will be pursued and remedied.
Stronger Penalties for Repeat Offenders. The bill increases criminal penalties for repeat violations, escalating from misdemeanor to felony charges for subsequent offenses. This escalation is designed to deter persistent or organized efforts to undermine election integrity.
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Who cares
Voters facing deception or coercion
The bill would criminalize specified false election information that deters voting and voter suppression, and let people harmed by deceptive practices seek court orders to stop them.
Political committees, labor organizations and corporations
These groups would face misdemeanor liability for knowingly spreading covered false information that prevents or deters voting, or for suppressing or coercing voters.
Attorney general and district attorneys
The bill would give the attorney general concurrent jurisdiction with district attorneys to prosecute deceptive-practices offenses and offenses arising from those prosecutions.
Repeat election-law offenders
A second misdemeanor conviction under the article would become a class E felony, with subsequent offenses classified as class D felonies.
Headline styles
Ban Voter Deception and Suppression
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to elections
- Print number 5758a
- Amend and recommit to elections
- Referred to elections
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Voter Suppression, Raise Penalties
In Assembly Committee · Election Law · Sponsor Charles Lavine
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5758--A
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 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "deceptive practices and voter suppression prevention act".
§ 2. The election law is amended by adding a new section 17-151 to read as follows:
§ 17-151. Deceptive practices. 1. Any person, political committee, labor organization, corporation, or other entity, whether acting under color of law or otherwise, who knowingly communicates or knowingly causes to be communicated deceptive information, knowing such information to be false and, in acting in the manner described, prevents or deters another person from exercising the right to vote in any election, is guilty of a misdemeanor.
2. The following definitions are applicable to this section: (a) "deceptive information" means false information regarding: (i) the time, place, or manner of any election; (ii) the qualifications for or restrictions on voter eligibility for any election, including any penalties associated with voting by ineligible voters; (iii) information regarding a voter's registration status or eligibility; or (iv) the political party affiliation of any candidate; and
(b) "election" as used in this article shall be deemed to apply to and include all elections administered by the state or city of New York boards of elections, or any county board of elections, including any general, primary, run-off, or special election for any state or local office or ballot proposition.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05069-02-9
S. 5758--A 2
3. Any person aggrieved by a violation of subdivision one of this section may institute a civil action or other proper proceeding for preventative relief, or may apply for a permanent or temporary injunction, restraining order, declaratory judgment, or other order in any court with jurisdiction pursuant to section 16-100 of this chapter.
4. Any attempt to commit an offense described in subdivision one of this section, in accordance with the applicable provision of the penal law, is a class B misdemeanor.
5. The provisions of article twenty and article one hundred five of the penal law, relating to criminal liability for conduct of another and conspiracy, shall apply to prosecutions under this section.
6. Notwithstanding any other provision of law, the attorney general shall have concurrent jurisdiction with any district attorney in the prosecution of any offenses under this section relating to deceptive practices as well as any offenses arising out of such prosecution.
§ 3. The election law is amended by adding a new section 17-153 to read as follows:
§ 17-153. Suppression of voters. 1. Any person, political committee, labor organization, corporation, or other entity who suppresses or threatens to suppress the right of any person to lawfully exercise their franchise, or in any other manner compels such person to vote or to refrain from voting for or against a particular candidate for public office or for or against a particular ballot proposition is guilty of a class A misdemeanor.
2. For purposes of this section, the term "suppress" shall mean to use force, authority or an abuse of power to prevent, restrain, inhibit or compel another from acting in his or her own interests or intentions, or into not acting at all.
3. Any person, political committee, labor organization, or corporation who attempts to commit an offense described in subdivision one of this section is guilty of a class B misdemeanor.
4. The provisions of article twenty and article one hundred five of the penal law, relating to criminal liability for conduct of another and conspiracy shall apply to prosecutions under this section.
5. Notwithstanding any other provision of law, the attorney general shall have concurrent jurisdiction with any district attorney in the prosecution of any offenses under this section relating to deceptive practices as well as any offenses arising out of such prosecution.
§ 4. Section 17-166 of the election law is amended to read as follows:
§ 17-166. Penalty. Any person convicted of a misdemeanor under this article shall for a first offense be punished by a sentence of imprisonment for not more than one year, or by a fine of not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment, unless otherwise provided by law. Any person who, having been convicted of a misdemeanor under this article, shall thereafter be convicted of another misdemeanor under this article, shall be guilty of a class E felony. For any subsequent offense, he or she shall be guilty of a class D felony.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to prohibiting the suppression of voters
Purpose
This bill would create a new electoral crime of voter suppression, punishable as a misdemeanor
Summary of provisions
Section 1 of the bill cites this act as "the deceptive practices and voter suppression act.
Section 2 amends article seventeen of the election law by adding a new section 17-151, creating the crime of deceptive practices and providing penalties therefor.
Section 3 of the bill amends the election law by adding a new section 17-153, creating the crime of suppression of voters and providing penal- ties therefor.
Section 4 of the bill amends Section 17-166 to include any person convicted of a felony under this article shall be convicted of a class E felony.
Section 5 is the immediate effective date.
Justification
Unfortunately, even in the twenty first century voter suppression is an all too real reality in this state. While sometimes it occurs subtly, oftentimes the effort is much more pronounced and widespread. Most recently, attempts to suppress the vote were documented in a recent election in New York State. In that race, documented efforts to suppress minority voters were captured by attorneys present in many of the poll- ing locations. Some of the suppressive actions reported included an armed man with police shield escorting around alleged poll watchers throughout various polling sites during voting hours; repeated blanket challenges to minority voters at a particular polling location; gluing down the lever for a candidate on a machine so that no one could vote for that candidate; people blocking the entryways to select polling sites in heavily populated minority areas; and a widespread challenge to nearly 6.000 Democratic voters who allegedly did not live where their voter registration information claimed they did.
In light of the blanket challenge to the registration of several thou- sand voters prior to the election and reports from the prior election for that office alleging widespread voter suppression, the federal government, exercising their discretion pursuant to the federal Voting Rights Act of 1965, sent federal monitors to the district to oversee the election.
One reporter from the New York Times who personally witnessed some of the suppression activities described the situation as "chaotic." In an editorial printed two days following the election, the reporter stated that "it appeared there were a dozen or more alleged poll watchers mill- ing about and challenging one voter after another, insisting that their signatures did not match the ones in the registration books." Clearly, such suppressive efforts were to slow down the lines to vote, hoping people would leave and force people to vote on paper ballots, which could later be subject to scrutiny and judicial review. This legislation would fill an important void in the election law by creating a new stat- ute that would directly address and hold people accountable for inten- tionally suppressing the vote. While it is unfortunate such a law is even needed, we as a citizenry must send a message that actions such as what happened in the situation described herein will no longer be toler- ated and that from now on, under this statute, those who seek to suppress the vote will be held criminally accountable.
Legislative history
2009: New bill 2010: S.2554B - Passed Senate 2011-12: S.1009 - Died in Elections Committee 2013-14: S.676 - Died in Elections Committee 2015-16: S.2375 - Died in Elections Committee 2017- 18: S.2952 - Died in Elections Committee
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.