STATE OF NEW YORK
________________________________________________________________________
3095
2025-2026 Regular Sessions
IN SENATE
January 23, 2025
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding two new sections 145.75
2 and 145.80 to read as follows:
3 § 145.75 Unlawfully entering or remaining in a school or facility for
4 children for the purposes of voting in the second degree.
5 1. A person is guilty of unlawfully entering or remaining in a school
6 or facility for children for the purposes of voting in the second
7 degree, when being a level two or level three sex offender, such person
8 enters or remains in a school or facility for children for the purposes
9 of casting a ballot or otherwise voting during any primary, general,
10 special, school district or other election in which residents, regis-
11 tered or qualified voters are entitled to cast ballots.
12 2. For the purposes of this section: (a) "level two or level three sex
13 offender" shall mean a person registered or required to register under
14 section one hundred sixty-eight-f of the correction law who has received
15 a level two or level three designation pursuant to section one hundred
16 sixty-eight-l of the correction law; and (b) "school or facility for
17 children" shall mean a building, structure, athletic playing field,
18 playground or land contained within the real property boundary line of a
19 public or private elementary, parochial, intermediate, junior high,
20 vocational, or high school, or any other facility or institution prima-
21 rily used for the care or treatment of persons under the age of eighteen
22 while one or more of such persons under the age of eighteen are present.
23 Unlawfully entering or remaining in a school or facility for children
24 for the purposes of voting in the second degree is a class A misdemea-
25 nor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06954-01-5
S. 3095 2
1 § 145.80 Unlawfully entering or remaining in a school or facility for
2 children for the purposes of voting in the first degree.
3 A person is guilty of unlawfully entering or remaining in a school or
4 facility for children for the purposes of voting in the first degree
5 when such person commits the crime of unlawfully entering or remaining
6 in a school or facility for children for the purposes of voting in the
7 second degree, having previously been convicted of such crime within the
8 preceding ten years.
9 Unlawfully entering or remaining in a school or facility for children
10 for the purposes of voting in the first degree is a class E felony.
11 § 2. Paragraph (d) of subdivision 1 of section 8-400 of the election
12 law, as amended by chapter 63 of the laws of 2010, is amended and a new
13 paragraph (e) is added to read as follows:
14 (d) absent from [his or her] their voting residence because [he or she
15 is] they are detained in jail awaiting action by a grand jury or await-
16 ing trial, or confined in jail or prison after a conviction for an
17 offense other than a felony, provided that [he or she] such voter is
18 qualified to vote in the election district of [his or her] their resi-
19 dence[.]; or
20 (e) prohibited from appearing personally at the polling place of the
21 election district in which they are a qualified voter because they are a
22 level two or level three sex offender and such polling place is located
23 on or within a school or facility for children as the terms "level two
24 and level three sex offender" and "school or facility for children" are
25 defined in section 145.75 of the penal law.
26 § 3. Subparagraph (iv) of paragraph (c) of subdivision 3 of section
27 8-400 of the election law, as amended by chapter 63 of the laws of 2010,
28 is amended and a new subparagraph (v) is added to read as follows:
29 (iv) detained in jail awaiting action by a grand jury or awaiting
30 trial or confined in jail or prison after a conviction for an offense
31 other than a felony and stating the place where [he or she is] they are
32 so detained or confined[.]; or
33 (v) prohibited from appearing personally at the polling place of the
34 election district in which they are a qualified voter because they are a
35 level two or level three sex offender and such polling place is located
36 on or within a school or facility for children as the terms "level two
37 and level three sex offender" and "school or facility for children" are
38 defined in section 145.75 of the penal law.
39 § 4. Section 8-400 of the election law is amended by adding a new
40 subdivision 11 to read as follows:
41 11. Sixty days before each election the board of elections shall
42 compile a list of all level two and level three registered sex offenders
43 entitled to receive absentee ballots pursuant to the provisions of this
44 section. The board of elections shall, by mail addressed to such sex
45 offender at their registered address, send an absentee ballot for the
46 ensuing election to such person in the same manner as provided in this
47 section for a qualified voter entitled to an absentee ballot because of
48 illness or disability.
49 § 5. Subdivision 2 of section 2018-a of the education law, as amended
50 by chapter 616 of the laws of 2019, is amended to read as follows:
51 2. a. A qualified voter may vote as an absentee voter under this
52 section if during all the hours of voting on the day of an election [he
53 or she] they will be:
54 (1) absent from the county of [his or her] their residence; or
55 (2) unable to appear at the polling place because of illness or phys-
56 ical disability, or duties related to the primary care of one or more
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1 individuals who are ill or physically disabled, or because [he or she]
2 such qualified voter will be or is a patient in a hospital; or
3 (3) an [inmate] incarcerated individual or patient of a veteran's
4 administration hospital; or
5 (4) absent from [his or her] their voting residence because [he or she
6 is] they are detained in jail awaiting action by a grand jury or await-
7 ing trial, or confined in jail or prison after a conviction for an
8 offense other than a felony, provided that [he or she is] they are qual-
9 ified to vote in the election district of [his or her] their resi-
10 dence[.]; or
11 (5) prohibited from appearing personally at the polling place of the
12 election district in which they are a qualified voter because they are a
13 level two or level three sex offender and such polling place is located
14 on or within a school or facility for children as the terms "level two
15 and level three sex offender" and "school or facility for children" are
16 defined in section 145.75 of the penal law.
17 b. Each person entitled to vote as an absentee voter pursuant to this
18 section and desirous of obtaining an absentee ballot shall make written
19 application therefor to the district clerk. Application forms for use
20 pursuant to this section shall be in a form prescribed by the state
21 board of elections. The use of any application which is on a form
22 prescribed by the state board of elections shall be acceptable.
23 c. The application for an absentee ballot when filed must contain in
24 each instance the following information:
25 (1) Applicant's full name, date of birth, and residence address,
26 including the street and number, if any, rural delivery route, if any,
27 mailing address if different from the residence address and an address
28 to which the ballot shall be mailed.
29 (2) A statement that the applicant is a qualified and registered
30 voter.
31 (3) A statement, as appropriate, that on the day of such election the
32 applicant expects in good faith to be in one of the following catego-
33 ries:
34 (a) absent from the county of [his or her] their residence; provided,
35 however, if the applicant expects to be absent from such county for a
36 duration covering more than one election and seeks an absentee ballot
37 for each election, [he or she] such applicant shall state the dates when
38 [he or she expects] they expect to begin and end such absence; or
39 (b) unable to appear at a polling place because of illness or physical
40 disability or duties related to the primary care of one or more individ-
41 uals who are ill or physically disabled; or
42 (c) an [inmate] incarcerated individual or patient of a veteran's
43 administration hospital; or
44 (d) detained in jail awaiting action by a grand jury or awaiting trial
45 or confined in jail or prison after a conviction for an offense other
46 than a felony and stating the place where [he or she is] they are so
47 detained or confined[.]; or
48 (e) prohibited from appearing personally at the polling place of the
49 election district in which they are a qualified voter because they are a
50 level two or level three sex offender and such polling place is located
51 on or within a school or facility for children as the terms "level two
52 and level three sex offender" and "school or facility for children" are
53 defined in section 145.75 of the penal law.
54 d. Where the applicant indicates they are prohibited from appearing
55 personally at the polling place of the election district in which they
56 are a qualified voter because they are a level two or level three sex
S. 3095 4
1 offender and such polling place is located on or within a school or
2 facility for children as the terms "level two and level three sex offen-
3 der" and "school or facility for children" are defined in section 145.75
4 of the penal law such application shall state whether or not the voter
5 is currently under a sentence of imprisonment for a felony or on parole.
6 e. Such application shall include the following statement to be signed
7 by the voter.
8 I hereby declare that the foregoing is a true statement to the best of
9 my knowledge and belief, and I understand that if I make any material
10 false statement in the foregoing statement of application for absentee
11 ballots, I shall be guilty of a misdemeanor.
12 Date.....................Signature of Voter ...........................
13 [e.] f. An applicant whose ability to appear personally at the polling
14 place of the school district of which [he or she is] they are a quali-
15 fied voter is substantially impaired by reason of permanent illness or
16 physical disability and whose registration record has been marked
17 "permanently disabled" by the board of elections pursuant to the
18 provisions of the election law shall be entitled to receive an absentee
19 ballot pursuant to the provisions of this section without making sepa-
20 rate application for such absentee ballot, and the board of registration
21 upon being advised by the board of elections on or with the list of
22 registered voters that the registration record of a voter is marked
23 "permanently disabled" shall send an absentee ballot to such voter at
24 [his or her] their last known address with a request to the postal
25 authorities not to forward same but to return same in five days in the
26 event that it cannot be delivered to the addressee. The board of educa-
27 tion shall determine whether such ballot shall be sent by first class or
28 by certified mail. All such ballots shall be mailed in the same manner
29 as determined by the board of education. The board of registration shall
30 make an appropriate entry on the registration indicating the fact that
31 an absentee ballot has been sent and the date of mailing.
32 [f.] g. An application must be received by the district clerk no
33 earlier than the thirtieth day before the election for which an absentee
34 ballot is sought. If the application requests that the absentee ballot
35 be mailed, such application must be received not later than seven days
36 before the election. If the applicant or [his or her] such applicant's
37 agent delivers the application to the district clerk in person, such
38 application must be received not later than the day before the election.
39 The district clerk shall examine each application and shall determine
40 from the information contained therein whether the applicant is quali-
41 fied under this section to receive an absentee ballot.
42 [g.] h. No later than six days before the election for which an appli-
43 cation has been received and for which the district clerk has determined
44 the applicant to be qualified to vote by absentee ballot the district
45 clerk shall mail, by regular mail, an absentee ballot to each qualified
46 applicant who has applied before such day and who has requested that
47 such absentee ballot be mailed to [him or her] them at the address set
48 forth in [his or her] their application. If the applicant or [his or
49 her] such applicant's agent delivers the application to the district
50 clerk in person after the seventh day before the election and not later
51 than the day before the election, the district clerk shall forthwith
52 deliver such absentee ballots for those applicants whom [he or she
53 determines] they determine are qualified to make such applications and
54 to receive such ballots to such applicants or the agents named in the
S. 3095 5
1 applications when such applicants or agents appear in the district
2 clerk's office.
3 § 6. Subdivision 2 of section 2018-b of the education law, as amended
4 by chapter 46 of the laws of 1992 and paragraph c as amended by chapter
5 26 of the laws of 1994, is amended to read as follows:
6 2. a. An applicant for such an absentee ballot shall submit an appli-
7 cation setting forth (1) [his] their name and residence address, includ-
8 ing the street and number, if any, or town and rural delivery route, if
9 any; (2) that [he is] they are or will be, on the day of the school
10 district election, a qualified voter of the school district in which [he
11 resides] they reside in that [he is] they are or will be, on such date,
12 over eighteen years of age, a citizen of the United States and has or
13 will have resided in the district for thirty days next preceding such
14 date; and (3) that [he] they will be unable to appear to vote in person
15 on the day of the school district election for which the absentee ballot
16 is requested because [he is] they are, or will be on such day (a) a
17 patient in a hospital, or unable to appear personally at the polling
18 place on such day because of illness or physical disability [or]; (b)
19 because [his] their duties, occupation, business, or studies will
20 require [him] them to be outside of the county or city of [his] their
21 residence on such day[,]; (c) because [he] they will be on vacation
22 outside the county or city of [his] their residence on such day; [or,]
23 (d) absent from [his] their voting residence because [he is] they are
24 detained in jail awaiting action by a grand jury or awaiting trial or
25 [is] are confined in prison after conviction for an offense other than a
26 felony; or (e) prohibited from appearing personally at the polling place
27 of the election district in which they are a qualified voter because
28 they are a level two or level three sex offender and such polling place
29 is located on or within a school or facility for children as the terms
30 "level two and level three sex offender" and "school or facility for
31 children" are defined in section 145.75 of the penal law.
32 Such application must be received by the district clerk or designee of
33 the trustees or school board at least seven days before the election if
34 the ballot is to be mailed to the voter, or the day before the election,
35 if the ballot is to be delivered personally to the voter.
36 b. (1) Where such duties, occupation, business, or studies are of such
37 a nature as ordinarily to require such absence, a brief description of
38 such duties, occupation, business, or studies shall be set forth in such
39 application.
40 (2) Where such duties, occupation, business, or studies are not of
41 such a nature as ordinarily to require such absence, such application
42 shall contain a statement of the special circumstances on account of
43 which such absence is required.
44 c. Where the applicant expects in good faith to be absent on the day
45 of the election because [he] they will be on vacation elsewhere on such
46 day, such application shall also contain the dates upon which [he
47 expects] they expect to begin and end such vacation, the place or places
48 where [he expects] they expect to be on such vacation, the name and
49 address of [his] their employer, if any, and if self-employed or
50 retired, a statement to that effect.
51 d. Where the absence is because of detention or confinement to jail,
52 such application shall state whether the voter is detained awaiting
53 action of the grand jury or is confined after conviction for an offense
54 other than a felony.
55 e. Where the applicant indicates that they are prohibited from
56 appearing personally at the polling place of the election district in
S. 3095 6
1 which they are a qualified voter because they are a level two or level
2 three sex offender and such polling place is located on or within a
3 school or facility for children as the terms "level two and level three
4 sex offender" and "school or facility for children" are defined in
5 section 145.75 of the penal law such application shall state whether or
6 not the voter is currently under a sentence of imprisonment for a felony
7 or on parole.
8 f. Where a person is or would be, if [he] such person were a qualified
9 voter, entitled to apply for the right to vote by absentee ballot under
10 the provisions of this section, [his] their spouse, parent or child, if
11 a qualified voter and a resident of the same school district, shall be
12 entitled to vote as an absentee voter upon personally making and signing
13 an application in accordance with the preceding provisions of this
14 subdivision and showing that [he expects] they expect to be absent from
15 the school district on the day of the school district election by reason
16 of accompanying or being with the spouse, child or parent who is or
17 would be, if [he] they were a qualified voter, so entitled to apply for
18 the right to vote by absentee ballot, and, in the event no application
19 is made by such spouse, child or parent, such further information as the
20 clerk of the school district or designee of the trustees or school board
21 shall require.
22 [f.] g. Such application shall include the following statement to be
23 signed by the voter.
24 I hereby declare that the foregoing is a true statement to the best of
25 my knowledge and belief, and I understand that if I make any material
26 false statement in the foregoing statement of application for absentee
27 ballots, I shall be guilty of a misdemeanor.
28 Date......................Signature of Voter ...........................
29 [g.] h. The clerk of the school district or a designee of the trustees
30 or school board shall request registration lists from the board of
31 elections pursuant to subdivision three of section 5-612 of the election
32 law for those voters whose registration record has been marked "perma-
33 nently disabled". An applicant whose ability to appear personally at the
34 polling place of the school district of which [he is] they are a quali-
35 fied voter is substantially impaired by reason of permanent illness or
36 physical disability and whose registration record has been marked
37 "permanently disabled" as determined by the board of elections pursuant
38 to the provisions of this chapter and who has previously applied for an
39 absentee ballot shall be entitled to receive subsequent absentee ballots
40 pursuant to the provisions of this section without making separate
41 application for such absentee ballot, and the clerk of the school
42 district or a designee of the trustees or school board shall send an
43 absentee ballot to such voter at [his] their last known address with a
44 request to the postal authorities not to forward same but to return same
45 in five days in the event that it cannot be delivered to the addressee.
46 The clerk of the school district or a designee of the trustees or school
47 board shall determine whether such ballot shall be sent by first class
48 or by certified mail. All such ballots shall be mailed in the same
49 manner as determined by the trustees or the board of education.
50 § 7. The election law is amended by adding a new section 17-172 to
51 read as follows:
52 § 17-172. Immunity and defense for poll workers and others related to
53 admittance of sex offenders to polling places. 1. No person shall be
S. 3095 7
1 civilly liable for refusing admittance of a level two or level three sex
2 offender to a polling place which is or is within a school or facility
3 for children as those terms are defined in section 145.75 of the penal
4 law, when such person is acting in good faith and in the performance of
5 their duties. For the purposes of this section, a person shall be deemed
6 to be acting in good faith if the name and address or name and approxi-
7 mate address based on zip code of the voter refused admission appears on
8 a list of level two or level three sex offenders provided by a board of
9 elections or the division of criminal justice services.
10 2. It shall be an affirmative defense to any charge of violating the
11 elective franchise of a voter based upon the refusing of admittance of a
12 level two or level three sex offender to a polling place which is or is
13 within a school or facility for children as those terms are defined in
14 section 145.75 of the penal law, that the name and address or name and
15 approximate address based on zip code of the voter refused admission
16 appears on a list of level two or level three sex offenders provided by
17 a board of elections or the division of criminal justice services.
18 § 8. This act shall take effect immediately and shall apply to
19 elections held on and after January 1, 2026. Effective immediately, the
20 addition, amendment and/or repeal of any rule or regulation necessary
21 for the implementation of this act on its effective date are authorized
22 to be made and completed on or before such effective date.
