*** THIS DOCUMENT REFLECTS CHANGES RECEIVED THROUGH NOVEMBER 2,

2007 ***

TITLE 9. EXECUTIVE DEPARTMENT

SUBTITLE V. STATE BOARD OF ELECTIONS

PART 6201. FAIR CAMPAIGN CODE

9 NYCRR § 6201.1 (2007)

§ 6201.1　 Fair campaign code

　　　In order that all political campaigns be conducted under a climate

promoting

discussion of the issues and presentation of the records and policies

of the

various candidates, stimulating just debate with respect to the views

and

qualifications of the candidates and without inhibiting or interfering

with the

right of every qualified person and political party to full and equal

participation in the electoral process, the following is hereby adopted

by the

New York State Board of Elections pursuant to section 3-106 of the

Election Law

as the fair campaign code for the State of New York. No person,

political party

or committee during the course of any campaign for nomination or

election to

public office or party position shall, directly or indirectly, whether

by means

of payment of money or any other consideration, or by means of campaign

literature, media advertisements or broadcasts, public speeches, press

releases,

writings or otherwise, engage in or commit any of the following:

　　　(a) Practices of political espionage including, but not limited to,

the theft

of campaign materials or assets, placing one's own employee or agent in

the

campaign organization of another candidate, bribery of members of

another's

campaign staff, electronic or other methods of eavesdropping or

wiretapping.

　　　(b) Political practices involving subversion or undermining of

political

parties or the electoral process including, but not limited to, the

preparation

or distribution of any fraudulent, forged or falsely identified writing

or the

use of any employees or agents who falsely represent themselves as

supporters of

a candidate, political party or committee.

　　　(c) Deliberate misrepresentation of the contents or results of a

poll

relating to any candidate's election; also, failure to disclose such

information

relating to a poll published or otherwise publicly disclosed by a

candidate,

political party or committee as required to be disclosed by rule or

regulation

of the New York State Board of Elections.

　　　(d) Any acts intended to hinder or prevent any eligible person from

registering to vote, enrolling to vote or voting.

Section statutory authority: Election Law, § 3-106

Statutory authority: Election Law, §§ 3-106, 469, 472, 473, 474

Added 6201.1 on 9/30/74; amended 6201.1 on 11/03/75; amended 6201.1 on

4/28/78.

*** THIS SECTION IS CURRENT THROUGH CH. 678, 8/28/2007 ***

ELECTION LAW

ARTICLE 17. 　VIOLATIONS OF THE ELECTIVE FRANCHISE

Go to the New York Code Archive Directory

NY CLS Elec § 17-152 　(2007)

§ 17-152. 　Conspiracy to promote or prevent election

　 　Any two or more persons who conspire to promote or prevent the

election of

any person to a public office by unlawful means and which conspiracy is

acted

upon by one or more of the parties thereto, shall be guilty of a

misdemeanor.

HISTORY: 　　　Add, L 1976, ch 233, eff Dec 1, 1977. Substance derived

from § 446.

NOTES:

Research References & Practice Aids:

　　　50 NY Jur 2d, Elections §§ 822, 828, 831, 832

　　　50 NY Jur 2d, Elections § 832

　　　50 NY Jur 2d, Elections § 879

　　　26 Am Jur 2d, Elections §§ 384, 389

Annotations:

　　　　　　Validity, construction, and application of state statutory voting

offenses. 5 ALR6th 1

Case Notes: 　1.　Generally 　2.--5.　[Reserved for future use.] 　6.　Under

former §

446 　7.　Under former Penal Law § 773

　1.　Generally

　　　Defendants, who had been indicted for criminal conspiracy in the

fourth

degree and conspiracy in violation of Elec Law § 17-152 as the result

of an

extensive investigation of illegal political fund-raising practices

within

various governmental departments of a county, made an insufficient

showing to

entitle them to dismissal of the charges on the grounds that the grand

jury

which had returned the indictment was illegally constituted,

notwithstanding

their allegation that the grand jury selection had resulted from an

impermissible and unconstitutional voir dire which had systematically

and

intentionally selected as grand jurors only those persons who appeared

to have

no interest or involvement, financial or otherwise, in governmental or

political

activities. People v Mulroy (1979) 108 Misc 2d 907, 439 NYS2d 61.

　2.--5.　[Reserved for future use.]

　6.　Under former § 446

　　　Subpoenas duces tecum, read in conjunction with affidavits in

opposition to

motion to quash, disclosed that Board of Elections had given

respondents

sufficient notice of scope of their investigation in order to require

respondents to comply. Re New York State Bd. of Elections (1975, 4th

Dept) 49

AD2d 806, 373 NYS2d 420.

　　　Even when a subpoena is not legally sufficient upon its face,

defects may be

cured by an affidavit in opposition to a motion to quash. Re New York

State Bd.

of Elections (1975, 4th Dept) 49 AD2d 806, 373 NYS2d 420.

　　　Election Law § 457 is unconstitutionally overboard in that it

unfairly and

unnecessarily sweeps within its criminal sanctions activity that is

protected

under the free speech provisions of federal and state constitutions

(New York

Const Art 1 §§ 6, 8, 9). People v Duryea (1974) 76 Misc 2d 948, 351

NYS2d 978,

affd (1st Dept) 44 AD2d 663, 354 NYS2d 129.

　7.　Under former Penal Law § 773

　　　A conspiracy to purchase the nomination of a certain candidate at a

political

convention is punishable under this section. People ex rel. Willett v

Quinn

(1912) 150 AD 813, 135 NYS 477.