Bill Text: NY A04262 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to promoting inmate voter registration and voting by incarcerated people; requires the department of corrections and community supervision to distribute a voter information guide and hold voter information and registration clinics for incarcerated people every other year.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2022-01-05 - referred to election law [A04262 Detail]

Download: New_York-2021-A04262-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4262

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

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

        AN ACT to amend the election law and the correction law, in relation  to
          promoting voter registration and voting by incarcerated people; 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. For the purpose of registering and voting, an incarcerated person
     4  in a state or local correctional facility shall be considered a resident
     5  of the address he or she resided at prior to his or her incarceration.
     6    §  2.  Subdivisions 2, 3, 4 and 5 of section 5-106 of the election law
     7  are REPEALED and subdivision 6 is renumbered subdivision 2.
     8    § 3. Subdivision 1 of section 5-400 of the election law, as amended by
     9  chapter 659 of the laws of 1994, paragraph (a) as amended by  chapter  3
    10  of  the  laws  of 2019, is amended and a new subdivision 1-a is added to
    11  read as follows:
    12    1. A voter's registration, including the registration of  a  voter  in
    13  inactive  status,  shall  be  cancelled if, since the time of his or her
    14  last registration, he or she:
    15    (a) Moved his or her residence outside the state.
    16    (b) [Was convicted of a felony disqualifying him from voting  pursuant
    17  to the provisions of section 5-106 of this article.
    18    (c)] Has been adjudicated an incompetent.
    19    [(d)] (c) Refused to take a challenge oath.
    20    [(e)] (d) Has died.
    21    [(f)]  (e)  Did  not  vote  in  any election conducted by the board of
    22  elections during the period ending with the second general  election  at
    23  which  candidates  for federal office are on the ballot after his or her
    24  name was placed in inactive status and for whom the board  of  elections

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02140-01-1
        A. 4262                             2

     1  did  not,  during such period, in any other way, receive any information
     2  that such voter still resides in the same county or city.
     3    [(g)]  (f)  Personally  requested to have his or her name removed from
     4  the list of registered voters.
     5    [(h)] (g) For any other reason, is no  longer  qualified  to  vote  as
     6  provided in this chapter.
     7    1-a.  A voter's registration shall not be cancelled while he or she is
     8  incarcerated in a state or local correctional facility  and  no  munici-
     9  pality  shall  enact  any  local law, rule, regulation or ordinance that
    10  prevents or restricts an incarcerated person's ability  to  register  or
    11  vote.
    12    §  4.  Subdivision  2 of section 5-708 of the election law is REPEALED
    13  and subdivisions 3, 4, 5, 6 and 7, subdivision 3 as renumbered by  chap-
    14  ter  659 of the laws of 1994, are renumbered subdivisions 2, 3, 4, 5 and
    15  6.
    16    § 5. Subdivision 3 of section 5-708 of the election law, as  added  by
    17  chapter  659  of  the  laws of 1994 and as renumbered by section four of
    18  this act, paragraph a as amended by chapter 200 of the laws of 1996,  is
    19  amended to read as follows:
    20    3.  a.  If  a  board of elections receives any notices pursuant to the
    21  provisions of [subdivisions] subdivision two [and three] of this section
    22  which set forth a residence address outside of the  city  or  county  of
    23  such  board's  jurisdiction,  it  shall, at least once a month, transmit
    24  such notices to the appropriate board of elections, or, if such  address
    25  is outside the state, to the state board of elections.
    26    b.  The  state board shall arrange such notices and the names received
    27  pursuant to the other provisions of this section by county of  residence
    28  and  transmit  such  notices [and any notices of conviction for a felony
    29  received from a United States attorney]  to  the  appropriate  board  of
    30  elections.
    31    c.  If  any  such  notices,  or  names  received pursuant to the other
    32  provisions of this section, set forth a residence  address  outside  New
    33  York  state,  the  state  board shall transmit such notices to the chief
    34  state election official of such state at such times and in  such  manner
    35  as it deems appropriate.
    36    §  6.  Section  75  of the correction law, as amended by section 18 of
    37  subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
    38  read as follows:
    39    §  75.  Notice  of  voting rights. 1. The department, in collaboration
    40  with the state and county boards of election, shall establish a  program
    41  to  promote  voter  registration and voting by incarcerated people. Such
    42  program shall include:
    43    (a) development and distribution of a voter information  guide  to  be
    44  distributed  to incarcerated people and shall include but not be limited
    45  to the following information:
    46    (i) important dates and deadlines;
    47    (ii) registration requirements and instructions;
    48    (iii) how to request and cast an absentee ballot  while  incarcerated;
    49  and
    50    (iv) resources for any additional questions; and
    51    (b)  voter  information  and  registration  clinics  for  incarcerated
    52  people.  Such clinics shall:
    53    (i) be held every other year to coincide with election cycles;
    54    (ii) be held at least ninety  days  prior  to  an  election  to  allow
    55  adequate  time  for voter registration and the requesting and mailing of
    56  absentee ballots;
        A. 4262                             3

     1    (iii) inform incarcerated people of:
     2    (A) their ability to vote while incarcerated;
     3    (B) important dates and deadlines;
     4    (C) registration requirements and instructions; and
     5    (D)  guidance  on requesting and casting absentee ballots while incar-
     6  cerated; and
     7    (iv) serve as voter registration  drives  for  qualified  incarcerated
     8  people.    A  department  staff member or designee shall be available to
     9  assist incarcerated people in filling out paper or electronic  registra-
    10  tion  forms  and  to  provide the appropriate address for the mailing of
    11  completed registration forms.
    12    2. Upon the discharge from a  correctional  facility  [of  any  person
    13  whose  maximum  sentence of imprisonment has expired] or upon a person's
    14  discharge from community supervision, the department shall  notify  such
    15  person  of  his or her right to vote and provide such person with a form
    16  of application for voter registration together with written  information
    17  distributed  by the board of elections on the importance and the mechan-
    18  ics of voting.
    19    § 7. This act shall take effect on the  same  date  as  a  "CONCURRENT
    20  RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to sections
    21  1  and  3  of  article 2 of the constitution, in relation to authorizing
    22  voting by incarcerated people" takes effect.  Effective immediately, the
    23  addition, amendment and/or repeal of any rule  or  regulation  necessary
    24  for  the implementation of this act on its effective date are authorized
    25  to be made and completed on or before such effective date.