In both of the sentences 'not' should always come before 'to'. In English we are not supposed to split the infinitive, so the 'to' must be immediately followed by the verb.
Both of the sentences are correct. One of the sentences is in the active voice and the other sentence is in the passive voice.
When you have an infinitive, there is not need to say who is doing the action of the infinitive. This means that there is then no real difference in this case between an active and a passive sentence. We often prefer passive sentences in more formal writing, however, so I would say the second sentence is preferable.