NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3037
SPONSOR: Reilich (MS) 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 OR GENERAL IDEA OF BILL: 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 SPECIFIC PROVISIONS: Amends the penal law by adding the
stipulation to section 65.10 subdivision 4-a that a person convicted of
a sexual crime as defined in article 130, 235 or 265 of the penal law
that such offender shall refrain from knowingly entering into or upon
any school grounds or facilities for children including entering upon
school grounds or a facility for children for the purposes of voting.
Amends subdivision 1 of section 8-400 of election law to add a new para-
graph (g) that a person would be "unable to 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 or facility for children."
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, "Prohibited from appearing 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 level three sex offender and
such polling place is located on or within a school or facility for
children as the terms 'level two and level three sex offender' and
'school or facility for children' are defined in section 145.75 of the
penal law"
Amends Section 8-400 of the election law by adding new subdivision 10 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 build-
ings 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
children for any purpose while still upholding their right to vote by
means of absentee ballot.
PRIOR LEGISLATIVE HISTORY:
A2180 of 2011/12 - held in Codes
2608 of 2009/10 - referred to Codes
A9699 of 2007/08
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, provided that the state
board of elections shall be authorized to promulgate any rules, regu-
lations, forms or notices required to carry out the provisions of this
act prior to such effective date.
