New York A 3412: Prohibits deceptive practices and the suppression of voters, and increases penalties for violations of the elective franchise

Bill Text

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A03412 Summary:

BILL NOA03412 

&nbsp

SAME ASSAME AS S01085

&nbsp

SPONSORLavine

&nbsp

COSPNSRSeawright, Burdick

&nbsp

MLTSPNSR

&nbsp

Add §§17-151 & 17-153, amd §17-166, El L

&nbsp

Prohibits deceptive practices and the suppression of voters.

Go to top A03412 Actions:

BILL NOA03412 

&nbsp

01/27/2025referred to election law

01/07/2026referred to election law

Go to topA03412 Committee&nbspVotes:

Go to topA03412 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03412 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3412

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. LAVINE, SEAWRIGHT -- read once and referred to
 the Committee on Election Law

 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 Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "deceptive
 2 practices and voter suppression prevention act".
 3 § 2. The election law is amended by adding a new section 17-151 to
 4 read as follows:
 5 § 17-151. Deceptive practices. 1. Any person, political committee,
 6 labor organization, corporation, or other entity, whether acting under
 7 color of law or otherwise, who knowingly communicates or knowingly caus-
 8 es to be communicated deceptive information, knowing such information to
 9 be false and, in acting in the manner described, prevents or deters
 10 another person from exercising the right to vote in any election, is
 11 guilty of a misdemeanor.
 12 2. The following definitions are applicable to this section: (a)
 13 "deceptive information" means false information regarding: (i) the time,
 14 place, or manner of any election; (ii) the qualifications for or
 15 restrictions on voter eligibility for any election, including any penal-
 16 ties associated with voting by ineligible voters; (iii) information
 17 regarding a voter's registration status or eligibility; or (iv) the
 18 political party affiliation of any candidate; and
 19 (b) "election" as used in this article shall be deemed to apply to and
 20 include all elections administered by the state or city of New York
 21 boards of elections, or any county board of elections, including any
 22 general, primary, run-off, or special election for any state or local
 23 office or ballot proposition.
 24 3. Any person aggrieved by a violation of subdivision one of this
 25 section may institute a civil action or other proper proceeding for

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01367-01-5

 A. 3412 2

 1 preventative relief, or may apply for a permanent or temporary injunc-
 2 tion, restraining order, declaratory judgment, or other order in any
 3 court with jurisdiction pursuant to section 16-100 of this chapter.
 4 4. Any attempt to commit an offense described in subdivision one of
 5 this section, in accordance with the applicable provision of the penal
 6 law, is a class B misdemeanor.
 7 5. The provisions of article twenty and article one hundred five of
 8 the penal law, relating to criminal liability for conduct of another and
 9 conspiracy, shall apply to prosecutions under this section.
 10 6. Notwithstanding any other provision of law, the attorney general
 11 shall have concurrent jurisdiction with any district attorney in the
 12 prosecution of any offenses under this section relating to deceptive
 13 practices as well as any offenses arising out of such prosecution.
 14 § 3. The election law is amended by adding a new section 17-153 to
 15 read as follows:
 16 § 17-153. Suppression of voters. 1. Any person, political committee,
 17 labor organization, corporation, or other entity who suppresses or
 18 threatens to suppress the right of any person to lawfully exercise their
 19 franchise, or in any other manner compels such person to vote or to
 20 refrain from voting for or against a particular candidate for public
 21 office or for or against a particular ballot proposition is guilty of a
 22 class A misdemeanor.
 23 2. For purposes of this section, the term "suppress" shall mean to use
 24 force, authori