Authorizes the county court, or supreme court in the city of New York, to issue a court order providing for the confidentiality of election registration records of a victim of domestic violence.
Ayes (59): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousin, Thompson, Valesky, Volker, Winner
Excused (2): Morahan, Young
BILL NUMBER: S5945
TITLE OF BILL : An act to amend the election law, in relation to authorizing registration records of victims of domestic violence to be kept confidential in certain cases
PURPOSE OR GENERAL IDEA OF BILL : Authorizes the confidentiality of election registration records of a victim of domestic violence.
SUMMARY OF SPECIFIC PROVISIONS : Adds §5-508 to the New York State Election Law to allow a victim of domestic violence to seek a court order directing that his or her voter registration records be kept confidential.
JUSTIFICATION : Under current state law, local boards of election must provide the address of any registered voter, as long as the request is in writing and the applicable law is cited. Victims of domestic violence that have moved and wish to keep their new addresses out of the hands of their abusers simply do not register to vote because of the availability of their registration information to others. Keeping these records separate and apart from other registration records would afford domestic violence victims the security they deserve.
PRIOR LEGISLATIVE HISTORY : Passed Assembly: 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ 5945 2009-2010 Regular Sessions IN SENATE June 19, 2009 ___________Introduced by Sen. FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the election law, in relation to authorizing registra- tion records of victims of domestic violence to be kept confidential in certain cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The election law is amended by adding a new section 5-508 to read as follows: S 5-508. CONFIDENTIALITY OF REGISTRATION RECORDS IN CERTAIN CASES. 1. FOR PURPOSES OF THIS SECTION: (A) "VICTIM OF DOMESTIC VIOLENCE" MEANS ANY PERSON OVER THE AGE OF SIXTEEN, ANY MARRIED PERSON, OR ANY PARENT ACCOMPANIED BY HIS OR HER MINOR CHILD OR CHILDREN IN SITUATIONS IN WHICH SUCH PERSON OR SUCH PERSON'S CHILD IS A VICTIM OF AN ACT WHICH WOULD CONSTITUTE A VIOLATION OF THE PENAL LAW, INCLUDING, BUT NOT LIMITED TO, ACTS CONSTITUTING DISORDERLY CONDUCT, HARASSMENT, MENACING, RECKLESS ENDANGERMENT, KIDNAP- PING, ASSAULT, ATTEMPTED ASSAULT, OR ATTEMPTED MURDER; AND (I) SUCH ACT OR ACTS HAVE RESULTED IN ACTUAL PHYSICAL OR EMOTIONAL INJURY OR HAVE CREATED A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL HARM TO SUCH PERSON OR SUCH PERSON'S CHILD; AND (II) SUCH ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN COMMITTED BY A FAMILY OR HOUSEHOLD MEMBER. (B) "FAMILY OR HOUSEHOLD MEMBERS" MEAN THE FOLLOWING INDIVIDUALS: (I) PERSONS RELATED BY CONSANGUINITY OR AFFINITY; (II) PERSONS LEGALLY MARRIED TO ONE ANOTHER; (III) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER OR NOT THEY STILL RESIDE IN THE SAME HOUSEHOLD; (IV) PERSONS WHO HAVE A CHILD IN COMMON REGARDLESS OF WHETHER OR NOT SUCH PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05508-03-9 S. 5945 2
(V) PERSONS WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER SUCH PERSONS HAVE LIVED TOGETHER AT ANY TIME. FACTORS THE COURT MAY CONSIDER IN DETERMINING WHETHER A RELATIONSHIP IS AN "INTIMATE RELATIONSHIP" INCLUDE BUT ARE NOT LIMITED TO: THE NATURE OR TYPE OF RELATIONSHIP, REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN NATURE; THE FREQUEN- CY OF INTERACTION BETWEEN THE PERSONS; AND THE DURATION OF THE RELATION- SHIP. NEITHER A CASUAL ACQUAINTANCE NOR ORDINARY FRATERNIZATION BETWEEN TWO INDIVIDUALS IN BUSINESS OR SOCIAL CONTEXTS SHALL BE DEEMED TO CONSTITUTE AN "INTIMATE RELATIONSHIP". (VI) ANY OTHER CATEGORY OF INDIVIDUALS DEEMED TO BE A VICTIM OF DOMES- TIC VIOLENCE AS DEFINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES IN REGULATION. 2. UPON APPLICATION MADE TO A COUNTY COURT, IN THE COUNTY WHEREIN A VICTIM OF DOMESTIC VIOLENCE IS REGISTERED PURSUANT TO THIS ARTICLE, OR THE SUPREME COURT, IN THE CITY OF NEW YORK, THE COURT MAY ISSUE AN ORDER REQUIRING THAT ANY REGISTRATION RECORD KEPT OR MAINTAINED IN ACCORDANCE WITH THIS ARTICLE WITH RESPECT TO SUCH AN INDIVIDUAL BE KEPT SEPARATE AND APART FROM OTHER REGISTRATION RECORDS AND NOT BE MADE AVAILABLE FOR INSPECTION OR COPYING BY THE PUBLIC OR ANY OTHER PERSON, EXCEPT ELECTION OFFICIALS ACTING WITHIN THE COURSE AND SCOPE OF THEIR OFFICIAL DUTIES AND ONLY AS PERTINENT AND NECESSARY IN CONNECTION THEREWITH. S 2. This act shall take effect immediately.