Bill Text: NY A01414 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the election law, in relation to allowing certain persons on parole the right to register and vote at any election

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-01-06 - referred to election law [A01414 Detail]

Download: New_York-2009-A01414-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1414
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  WRIGHT,  O'DONNELL,  GREENE -- read once and
         referred to the Committee on Election Law
       AN ACT to amend the  election  law,  in  relation  to  allowing  certain
         persons on parole the right to register and vote at any election
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 5-106  of  the  election  law,  as
    2  amended  by  chapter  373  of  the  laws  of 1978, is amended to read as
    3  follows:
    4    2. No person who has been convicted of a felony pursuant to  the  laws
    5  of  this  state,  shall  have  the  right to register for or vote at any
    6  election unless [he]: (I)  SUCH  PERSON  shall  have  been  pardoned  or
    7  restored  to  the  rights  of citizenship by the governor, or [his] (II)
    8  SUCH PERSON'S maximum sentence of imprisonment has expired, or  [he  has
    9  been  discharged  from  parole.  The  governor, however, may attach as a
   10  condition to any such pardon a provision that any such person shall  not
   11  have  the right of suffrage until it shall have been separately restored
   12  to him] (III) SUCH PERSON IS SERVING A TERM OF PAROLE AND SUCH  PERSON'S
   13  CRIME OF CONVICTION IS ONE FOR WHICH A MERIT TIME ALLOWANCE IS PERMITTED
   14  PURSUANT  TO  SECTION  EIGHT  HUNDRED THREE OR EIGHT HUNDRED FOUR OF THE
   15  CORRECTION LAW.
   16    S 2. Subdivision 3 of section 5-106 of the election law is amended  to
   17  read as follows:
   18    3.  No  person who has been convicted in a federal court, of a felony,
   19  or a crime or offense which would constitute a felony under the laws  of
   20  this state, shall have the right to register for or vote at any election
   21  unless [he]: (I) SUCH PERSON shall have been pardoned or restored to the
   22  rights  of  citizenship  by the president of the United States, or [his]
   23  (II) SUCH PERSON'S maximum sentence of imprisonment has expired, or  [he
   24  has  been discharged from parole] (III) SUCH PERSON IS SERVING A TERM OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00391-01-9
       A. 1414                             2
    1  PAROLE AND SUCH PERSON'S CRIME OF CONVICTION IS ONE FOR  WHICH  A  MERIT
    2  TIME  ALLOWANCE  WOULD  BE  PERMITTED  PURSUANT TO SECTION EIGHT HUNDRED
    3  THREE OR EIGHT HUNDRED FOUR OF THE CORRECTION LAW.
    4    S  3. Subdivision 4 of section 5-106 of the election law is amended to
    5  read as follows:
    6    4. No person who has been convicted in another state for  a  crime  or
    7  offense  which  would  constitute  a felony under the laws of this state
    8  shall have the right to register for or vote at  any  election  in  this
    9  state  unless [he]: (I) SUCH PERSON shall have been pardoned or restored
   10  to the rights of  citizenship  by  the  governor  or  other  appropriate
   11  authority  of  such  other  state,  or  [his] (II) SUCH PERSON'S maximum
   12  sentence has expired, or [he has been discharged from parole] (III) SUCH
   13  PERSON IS SERVING A TERM OF PAROLE AND SUCH PERSON'S CRIME OF CONVICTION
   14  IS ONE FOR WHICH A MERIT TIME ALLOWANCE WOULD BE PERMITTED  PURSUANT  TO
   15  SECTION EIGHT HUNDRED THREE OR EIGHT HUNDRED FOUR OF THE CORRECTION LAW.
   16    S 4. This act shall take effect immediately.
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