Bill Text: NY A03999 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to authorizing voting by incarcerated individuals in correctional facilities; requires the department of corrections and community supervision, in collaboration with the state and county boards of election, to establish a program to facilitate incarcerated individuals voter registration and voting.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced) 2024-01-03 - referred to election law [A03999 Detail]

Download: New_York-2023-A03999-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3999

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by M. of A. GIBBS -- read once and referred to the Committee
          on Election Law

        AN ACT to amend the election law and the correction law, in relation  to
          authorizing voting by incarcerated individuals in correctional facili-
          ties;  and  to  repeal certain provisions of the election law relating
          thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  5-104 of the election law is amended by adding a
     2  new subdivision 1-a to read as follows:
     3    1-a. An incarcerated individual voting while incarcerated in  a  state
     4  or  local  correctional  facility  shall be considered a resident of the
     5  county, city, town and/or village he or she resided in prior to  his  or
     6  her incarceration.
     7    §  2.  Subdivisions 2, 3, 4 and 5 of section 5-106 of the election law
     8  are REPEALED and subdivision 6 is renumbered subdivision 2.
     9    § 3. Subdivision 1 of section 5-400 of the election law, as amended by
    10  chapter 659 of the laws of 1994, paragraph (a) as amended by  chapter  3
    11  of  the  laws  of 2019, is amended and a new subdivision 1-a is added to
    12  read as follows:
    13    1. A voter's registration, including the registration of  a  voter  in
    14  inactive  status,  shall  be  cancelled if, since the time of his or her
    15  last registration, he or she:
    16    (a) Moved his or her residence outside the state.
    17    (b) [Was convicted of a felony disqualifying him from voting  pursuant
    18  to the provisions of section 5-106 of this article.
    19    (c)] Has been adjudicated an incompetent.
    20    [(d)] (c) Refused to take a challenge oath.
    21    [(e)] (d) Has died.
    22    [(f)]  (e)  Did  not  vote  in  any election conducted by the board of
    23  elections during the period ending with the second general  election  at

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06747-01-3
        A. 3999                             2

     1  which  candidates  for federal office are on the ballot after his or her
     2  name was placed in inactive status and for whom the board  of  elections
     3  did  not,  during such period, in any other way, receive any information
     4  that such voter still resides in the same county or city.
     5    [(g)]  (f)  Personally  requested to have his or her name removed from
     6  the list of registered voters.
     7    [(h)] (g) For any other reason, is no  longer  qualified  to  vote  as
     8  provided in this chapter.
     9    1-a.  A voter's registration shall not be cancelled while he or she is
    10  incarcerated in a state or local correctional facility.
    11    § 4. Subdivision 2 of section 5-708 of the election  law  is  REPEALED
    12  and  subdivisions 3, 4, 5, 6 and 7, subdivision 3 as renumbered by chap-
    13  ter 659 of the laws of 1994, are renumbered subdivisions 2, 3, 4, 5  and
    14  6.
    15    § 5. Subdivision 3 of section 5-708 of the election law, as amended by
    16  chapter  659  of  the  laws of 1994 and as renumbered by section four of
    17  this act, paragraph a as amended by chapter 200 of the laws of 1996,  is
    18  amended to read as follows:
    19    3.  a.  If  a  board of elections receives any notices pursuant to the
    20  provisions of [subdivisions] subdivision two [and three] of this section
    21  which set forth a residence address outside of the  city  or  county  of
    22  such  board's  jurisdiction,  it  shall, at least once a month, transmit
    23  such notices to the appropriate board of elections, or, if such  address
    24  is outside the state, to the state board of elections.
    25    b.  The  state board shall arrange such notices and the names received
    26  pursuant to the other provisions of this section by county of  residence
    27  and  transmit  such  notices [and any notices of conviction for a felony
    28  received from a United States attorney]  to  the  appropriate  board  of
    29  elections.
    30    c.  If  any  such  notices,  or  names  received pursuant to the other
    31  provisions of this section, set forth a residence  address  outside  New
    32  York  state,  the  state  board shall transmit such notices to the chief
    33  state election official of such state at such times and in  such  manner
    34  as it deems appropriate.
    35    §  6.  Section  75 of the correction law, as amended by chapter 103 of
    36  the laws of 2021, is amended to read as follows:
    37    § 75. Notice of voting rights. 1.  The  department,  in  collaboration
    38  with  the state and county boards of election, shall establish a program
    39  to facilitate incarcerated individuals voter  registration  and  voting.
    40  Such program shall include access and assistance with voter registration
    41  forms  and a mechanism for voting, including, but not limited to, absen-
    42  tee ballots.
    43    2. Prior to the release from a correctional facility of any person the
    44  department shall [notify such person verbally and in writing,  that  his
    45  or  her  voting  rights  will be restored upon release and] provide such
    46  person with a form of application for voter registration and a  declina-
    47  tion  form,  offer such person assistance in filling out the appropriate
    48  form, and provide such person written  information  distributed  by  the
    49  board  of  elections on the importance and the mechanics of voting. Upon
    50  release, such person may choose to either submit his  or  her  completed
    51  application to the state board or county board where such person resides
    52  or  have  the  department  transmit  it on his or her behalf. Where such
    53  person chooses to have the  department  transmit  the  application,  the
    54  department  shall  transmit the completed application upon such person's
    55  release to the state board or county board where such person resides.
        A. 3999                             3

     1    § 7. This act shall take effect on the ninetieth day  after  it  shall
     2  have become a law. Effective immediately, the addition, amendment and/or
     3  repeal  of  any  rule  or regulation necessary for the implementation of
     4  this act on its effective date are authorized to be made  and  completed
     5  on or before such effective date.