NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1241A
SPONSOR: Simon TITLE OF BILL:
An act to repeal section 17-140 of the election law relating furnishing
money or entertainment to induce attendance at polls
PURPOSE:
To amend the election law to allow items of nominal value to be distrib-
uted to voters at polling locations.
SUMMARY OF PROVISIONS:
Section 1 would repeal section 17-140 of the election law.
Section 2 would provide for the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version of this bill repeals section 17-140 of the election
law.
JUSTIFICATION:
In New York State, despite continued progress on making our elections
more accessible, certain polling locations continue to have massive
lines. Leaving those lines for a simple glass of water can forfeit a
voter's position, which is often not an option for individuals taking
time off from work. Voting should not be an endurance test. On May 30,
2024 in Brooklyn Branch of the NAACP v. Kosinski the US District Court
for the Southern District of New York held Sec. 17-140 of the NYS
Election Law unconstitutional and found further that there was no
compelling state interest in prohibiting conduct that was not already
prohibited by 8-104(1), 17-130(10), 17-142, and 17-212 of the NYS
Election Law. Therefore, a full repeal of section 17-140 would achieve
this bill's original intent to allow for items of nominal value to be
distributed to voters on line at polling locations.
LEGISLATIVE HISTORY:
2023-24 A1346 Simon -referred to election law
2021-22 A.9477 Simon -referred to election law
2019-20 New Bill Simon
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
