Bill Text: NY A05360 | 2021-2022 | General Assembly | Introduced

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Bill Title: Enables persons charged with or convicted of a crime to register to vote and to vote; repeals certain provisions relating to voter challenges at polling places and to notice of voter rights.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2021-02-16 - referred to election law [A05360 Detail]

Download: New_York-2021-A05360-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5360

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021
                                       ___________

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

        AN  ACT to amend the election law and the correction law, in relation to
          enabling persons charged with or convicted of a crime to  register  to
          vote  and  to  vote;  to  repeal subdivision 5 of section 8-504 of the
          election law relating to voter challenges at polling places; to repeal
          subdivisions 10 of section 1057-a of the New York city charter  relat-
          ing to notice of voter rights; and to amend the New York city charter,
          in relation to making conforming changes

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

     1    Section 1. The election law is amended by adding a new  section  8-409
     2  to read as follows:
     3    §  8-409.  Voting by incarcerated persons.  1. Any person incarcerated
     4  in a state or local correctional facility, as defined in section two  of
     5  the  correction  law,  shall  be  entitled to vote by absentee ballot as
     6  provided in section seventy-five of the correction law.
     7    2.  All ballots cast pursuant to this section and section seventy-five
     8  of the correction law shall be cast in the manner provided by this chap-
     9  ter for the casting of absentee ballots.
    10    3.  All ballots cast pursuant to the provisions of  this  section  and
    11  section  seventy-five  of  the correction law which are  received before
    12  the close of the polls on election day by the board of elections charged
    13  with the  duty  of  casting  and  canvassing   such ballots,   may    be
    14  delivered to the inspectors of election in the manner prescribed by this
    15  chapter  or  retained at the   board of elections and cast and canvassed
    16  pursuant to the provisions of section 9-209 of this chapter.
    17    § 2.  Section 75 of the correction law, as amended by  section  18  of
    18  subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
    19  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09533-01-1
        A. 5360                             2

     1    § 75. [Notice of voting] Voting rights. 1. Upon the  [discharge  from]
     2  admission of an inmate to a state or local correctional facility [of any
     3  person  whose  maximum  sentence  of  imprisonment has expired or upon a
     4  person's discharge from community  supervision,]  the  department  shall
     5  notify  such  [person]  inmate of his or her right to vote and, upon the
     6  request of such inmate, provide such [person]  inmate  with  a  form  of
     7  application  for  voter  registration  together with written information
     8  distributed by the board of elections on the importance and the  mechan-
     9  ics  of  voting,  or  with  access  to the electronic voter registration
    10  transmittal system described in title five of article 8 of the  election
    11  law.  The  superintendent of the correctional facility shall ensure that
    12  all completed voter registrations are:
    13    (a) properly and immediately submitted electronically to the  applica-
    14  ble  board of elections if the electronic voter registration transmittal
    15  system is utilized; or
    16    (b) deposited with the United States Post Office within three days  of
    17  being filled out by an inmate if registration is submitted on paper.
    18    2.    Each  inmate who is qualified to vote and registered to vote may
    19  apply to his or her county board of elections for an absentee ballot  in
    20  the  manner  provided for by the mail provisions of section 8-400 of the
    21  election law.  There shall be a presumption that inmates  are  qualified
    22  to  vote and registered to vote.  The superintendent of the correctional
    23  facility shall ensure that each such application for an absentee  ballot
    24  is  deposited  with  the  United States Post Office within three days of
    25  being filled out by an inmate.
    26    3. Each absentee ballot received at the correctional facility shall be
    27  delivered to the inmate to whom it  is  addressed  within  two  days  of
    28  receipt at the correctional facility.  The superintendent of the correc-
    29  tional facility shall ensure that each absentee ballot is deposited with
    30  the  United  States Post Office within three days of being filled out by
    31  the inmate to whom it has been addressed.
    32    4.  Voter registrations, applications for absentee ballots and  absen-
    33  tee  ballots  shall be processed by the correctional facility separately
    34  from other inmate mail.  Notwithstanding any law, rule or regulation  to
    35  the  contrary, no person shall open any correspondence between an inmate
    36  and a board of elections,  including  an  inmate's  voter  registration,
    37  application  for  an  absentee  ballot  or  filled  out absentee ballot.
    38  Inmates shall be permitted to cast their votes privately and to seal all
    39  envelopes associated with an absentee ballot without interference.
    40    § 3. Section 5-106 of the election law, subdivision 2  as  amended  by
    41  chapter 373 of the laws of 1978, subdivision 5 as amended by chapter 234
    42  of  the  laws  of 1976 and subdivision 6 as amended by chapter 82 of the
    43  laws of 1982, is amended to read as follows:
    44    § 5-106. Qualifications of voters; reasons for exclusion.
    45    1. No person who shall receive, accept, or offer to receive,  or  pay,
    46  offer  or  promise to pay, contribute, offer or promise to contribute to
    47  another, to be paid or used, any money or any other valuable thing as  a
    48  compensation  or  reward  for  the  giving  or  withholding a vote at an
    49  election, or for registering or refraining from registering as a  voter,
    50  or  who shall make any promise to influence the giving or withholding of
    51  any such vote or registration, or who shall make or become  directly  or
    52  indirectly  interested  in any bet or wager depending upon the result of
    53  an election, shall vote at such election.
    54    2. [No person who has been convicted of a felony pursuant to the  laws
    55  of  this  state,  shall  have  the  right to register for or vote at any
    56  election unless he shall have been pardoned or restored to the rights of
        A. 5360                             3

     1  citizenship by the governor, or his maximum sentence of imprisonment has
     2  expired, or he has been discharged from parole. The  governor,  however,
     3  may  attach  as a condition to any such pardon a provision that any such
     4  person  shall  not  have  the right of suffrage until it shall have been
     5  separately restored to him.
     6    3. No person who has been convicted in a federal court, of  a  felony,
     7  or  a crime or offense which would constitute a felony under the laws of
     8  this state, shall have the right to register for or vote at any election
     9  unless he shall have been pardoned or restored to the rights of citizen-
    10  ship by the president of the United States, or his maximum  sentence  of
    11  imprisonment has expired, or he has been discharged from parole.
    12    4.  No  person  who has been convicted in another state for a crime or
    13  offense which would constitute a felony under the  laws  of  this  state
    14  shall  have  the  right  to register for or vote at any election in this
    15  state unless he shall have been pardoned or restored to  the  rights  of
    16  citizenship by the governor or other appropriate authority of such other
    17  state,  or  his  maximum sentence has expired, or he has been discharged
    18  from parole.
    19    5. The provisions of subdivisions two, three and four of this  section
    20  shall  not  apply  if the person so convicted is not sentenced to either
    21  death or imprisonment, or if the execution of a sentence of imprisonment
    22  is suspended.
    23    6.] No person who has been adjudged incompetent by order of a court of
    24  competent judicial authority shall have the right  to  register  for  or
    25  vote  at any election in this state unless thereafter he shall have been
    26  adjudged competent pursuant to law.
    27    § 4. Subdivision 3 of section 5-210 of the election law, as amended by
    28  chapter 255 of the laws of 2015, is amended to read as follows:
    29    3.  Completed  application  forms,  when  received  by  any  board  of
    30  elections  and,  with  respect  to  application forms promulgated by the
    31  federal election  commission,  when  received  by  the  state  board  of
    32  elections,  or  showing  a  dated cancellation mark of the United States
    33  Postal Service or contained in an envelope showing such a dated  cancel-
    34  lation mark which is not later than the twenty-fifth day before the next
    35  ensuing primary, general or special election, and received no later than
    36  the  twentieth  day before such election, or delivered in person to such
    37  board of elections not  later  than  the  tenth  day  before  a  special
    38  election, shall entitle the applicant to vote in such election, if he or
    39  she  is otherwise qualified, provided, however, such applicant shall not
    40  vote on a voting machine until his or  her  identity  is  verified.  Any
    41  board  of elections receiving an application form from a person who does
    42  not reside in its jurisdiction but who  does  reside  elsewhere  in  the
    43  state  of New York, shall forthwith forward such application form to the
    44  proper board of elections; provided, however, that the  residence  of  a
    45  person  incarcerated  in  a correctional facility, as defined in section
    46  two of the correction law, or in a county jail, is not included  in  the
    47  jurisdiction  where  a  person  is  incarcerated  unless such person had
    48  resided in that jurisdiction prior to incarceration, and any such person
    49  may apply to register to vote in the jurisdiction where that person  has
    50  previously  established  a  fixed and principal home to which the person
    51  intends to return.  Each board of elections shall make an entry on  each
    52  such form of the date it is received by such board.
    53    § 5. Subdivision 1 of section 5-400 of the election law, as amended by
    54  chapter  659  of the laws of 1994, paragraph (a) as amended by chapter 3
    55  of the laws of 2019, is amended to read as follows:
        A. 5360                             4

     1    1. A voter's registration, including the registration of  a  voter  in
     2  inactive  status,  shall  be  cancelled if, since the time of his or her
     3  last registration, he or she:
     4    (a) Moved his or her residence outside the state.
     5    (b)  [Was convicted of a felony disqualifying him from voting pursuant
     6  to the provisions of section 5-106 of this article.
     7    (c)] Has been adjudicated an incompetent.
     8    [(d)] (c) Refused to take a challenge oath.
     9    [(e)] (d) Has died.
    10    [(f)] (e) Did not vote in any  election  conducted  by  the  board  of
    11  elections  during  the period ending with the second general election at
    12  which candidates for federal office are on the ballot after his  or  her
    13  name  was  placed in inactive status and for whom the board of elections
    14  did not, during such period, in any other way, receive  any  information
    15  that such voter still resides in the same county or city.
    16    [(g)]  (f)  Personally  requested to have his or her name removed from
    17  the list of registered voters.
    18    [(h)] (g) For any other reason, is no  longer  qualified  to  vote  as
    19  provided in this chapter.
    20    §  6. Paragraph b of subdivision 4 of section  5-708  of  the election
    21  law,  as added by chapter 659 of the laws of 1994, is amended to read as
    22  follows:
    23    b. The state board shall arrange such notices and the  names  received
    24  pursuant  to the other provisions of this section by county of residence
    25  and transmit such notices [and any notices of conviction  for  a  felony
    26  received  from  a  United  States  attorney] to the appropriate board of
    27  elections.
    28    § 7. Subdivision 3 of section 7-123 of the election law, as amended by
    29  chapter 104 of the laws of 2010, and the opening paragraph as amended by
    30  chapter 411 of the laws of 2019, is amended to read as follows:
    31    3. There shall be three envelopes for each  military  absentee  ballot
    32  issued  when the military voter's preferred method of transmission is by
    33  mail: the inner affirmation envelope into which a voter  places  his  or
    34  her  voted  ballot,  the  outer envelope which shall be addressed to the
    35  absentee voter, and the mailing envelope which is addressed to the coun-
    36  ty board of elections. The board of elections  shall  furnish  an  inner
    37  affirmation envelope with each military ballot upon which envelope shall
    38  be printed:

    39                          BALLOT FOR MILITARY VOTER
    40                                 AFFIRMATION

    41    I swear or affirm that:
    42    (a)  I  am  a  member  of the uniformed services or merchant marine on
    43  active duty or an eligible spouse, parent, child or dependent of such  a
    44  member, and
    45    (b)  I  am a United States citizen, at least eighteen years of age (or
    46  will be by the day of the election), eligible to vote in  the  requested
    47  jurisdiction, and
    48    (c)  I have [neither been convicted of a felony or other disqualifying
    49  offense nor] not been adjudicated mentally incompetent,  or  if  so,  my
    50  voting rights have been reinstated, and
    51    (d)  I am not registering, requesting a ballot, or voting in any other
    52  jurisdiction in the United States, and
    53    (e) My signature and date below indicate when I completed  this  docu-
    54  ment, and
        A. 5360                             5

     1    (f)  The  information on this form is true and complete to the best of
     2  my knowledge.
     3    I understand that a material misstatement of fact in the completion of
     4  this document may constitute grounds for conviction of a crime.

     5  Date .......... 20....
     6                                          ................................
     7                                              Signature or mark of voter
     8                                          ................................
     9                                           Signature of Witness (required
    10                                           only if voter does not sign his
    11                                                      or her own name)
    12                                          ................................
    13                                                    Address of Witness

    14    § 8. Subdivision 2 of section 7-124 of the election law, as amended by
    15  chapter  104 of the laws of 2010, and the opening and closing paragraphs
    16  as amended by chapter 411 of the laws of 2019, is  amended  to  read  as
    17  follows:
    18    2.  There  shall  be three envelopes for each special federal absentee
    19  ballot issued by mail: the inner affirmation envelope into which a voter
    20  places his or her voted  ballot,  the  outer  envelope  which  shall  be
    21  addressed  to  the  absentee  voter,  and  the mailing envelope which is
    22  addressed to the county board of elections. The board of elections shall
    23  furnish an inner affirmation envelope with each special  federal  ballot
    24  upon which envelope shall be printed:
    25    I swear or affirm that:
    26    (a)  I  am a United States citizen residing outside the United States,
    27  and
    28    (b) I am at least eighteen years of age (or will be by the day of  the
    29  election), eligible to vote in the requested jurisdiction, and
    30    (c)  I have [neither been convicted of a felony or other disqualifying
    31  offense nor] not been adjudicated mentally incompetent,  or  if  so,  my
    32  voting rights have been reinstated, and
    33    (d)  I  am not qualified to register, request a ballot, or vote in any
    34  other jurisdiction in the United States, and
    35    (e) My signature and date below indicate when I completed  this  docu-
    36  ment, and
    37    (f)  The  information on this form is true and complete to the best of
    38  my knowledge.
    39    I understand that a material misstatement of fact in the completion of
    40  this document may constitute grounds for conviction of a crime.

    41  Date.................20.....       .....................................
    42                                     Signature or mark of voter

    43                                     .....................................
    44                                     Signature of Witness (required only
    45                                     if voter does not sign his or her own
    46                                     name)

    47                                     .....................................
    48                                     Address of Witness
        A. 5360                             6

     1    § 9.  Paragraph (d) of subdivision 1 of section 8-400 of the  election
     2  law,  as  amended by chapter 139 of the laws of 2020, is amended to read
     3  as follows:
     4    (d)  absent  from  his  or  her  voting residence because he or she is
     5  detained in jail awaiting action by a grand jury or awaiting  trial,  or
     6  confined in jail or prison after a conviction [for an offense other than
     7  a  felony], provided that he or she is qualified to vote in the election
     8  district of his or her residence.
     9    § 10.  Paragraph (d) of subdivision 1 of section 8-400 of the election
    10  law, as amended by chapter 63 of the laws of 2010, is amended to read as
    11  follows:
    12    (d) absent from his or her voting  residence  because  he  or  she  is
    13  detained  in  jail awaiting action by a grand jury or awaiting trial, or
    14  confined in jail or prison after a conviction [for an offense other than
    15  a felony], provided that he or she is qualified to vote in the  election
    16  district of his or her residence.
    17    §  11.  Subparagraph (iv) of paragraph (c) of subdivision 3 of section
    18  8-400 of the  election law, as amended by chapter 63 of  the  laws    of
    19  2010, is amended to read as follows:
    20    (iv)  detained  in  jail  awaiting  action by a grand jury or awaiting
    21  trial or confined in jail or prison after a conviction [for  an  offense
    22  other  than  a  felony]  and  stating  the  place  where he or she is so
    23  detained or confined.
    24    § 12. Subdivision 5 of section 8-504 of the election law is REPEALED.
    25    § 13.  Paragraph (d) of subdivision 1 and subparagraph (iv)  of  para-
    26  graph  (c)  of  subdivision  4 of section 15-120 of the election law, as
    27  added by chapter 289 of the  laws  of  2014,  are  amended  to  read  as
    28  follows:
    29    (d)  absent  from  his  or  her  voting residence because he or she is
    30  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    31  confined in jail or prison [after a conviction for an offense other than
    32  a  felony], provided that he or she is qualified to vote in the election
    33  district of his or her residence.
    34    (iv) detained in jail awaiting action by  a  grand  jury  or  awaiting
    35  trial  or  confined in jail or prison [after a conviction for an offense
    36  other than a felony] and stating  the  place  where  he  or  she  is  so
    37  detained or confined.
    38    §  14.  Subdivisions 10 of section 1057-a of the New York city charter
    39  are REPEALED.
    40    § 15. The opening paragraph of section 1057-a of  the  New  York  city
    41  charter,  as  amended by local law number 80 of the city of New York for
    42  the year 2020, is amended to read as follows:
    43    Each agency designated as a participating agency under the  provisions
    44  of this section shall implement and administer a program of distribution
    45  of  voter registration forms pursuant to the provisions of this section.
    46  The following offices  are  hereby  designated  as  participating  voter
    47  registration  agencies:  The administration for children's services, the
    48  business integrity commission, the city clerk,  the  civilian  complaint
    49  review  board,  the  commission  on  human rights, community boards, the
    50  department of small business services, the department for the aging, the
    51  department of citywide administrative services, the department  of  city
    52  planning,  the department of consumer and worker protection, the depart-
    53  ment of correction, the department of cultural affairs,  the  department
    54  of  environmental  protection, the department of finance, the department
    55  of health and mental hygiene, the department of homeless  services,  the
    56  department  of  housing  preservation and development, the department of
        A. 5360                             7

     1  parks and recreation, the department of  probation,  the  department  of
     2  records and information services, the taxi and limousine commission, the
     3  department  of  transportation,  the  department  of youth and community
     4  development,  the  fire  department,  and  the  human resources adminis-
     5  tration. Participating agencies shall include a mandate in  all  new  or
     6  renewed agreements with those subcontractors having regular contact with
     7  the  public  in the daily administration of their business to follow the
     8  guidelines  of  this  section.  Such  participating  agencies  shall  be
     9  required  to offer voter registration forms to all persons together with
    10  written  applications  for  services,  renewal  or  recertification  for
    11  services  and  change  of address relating to such services, in the same
    12  language as such application,  renewal,  recertification  or  change  of
    13  address form where practicable; provided however that this section shall
    14  not  apply to services that must be provided to prevent actual or poten-
    15  tial danger to the life, health, or safety of any individual or  of  the
    16  public. Such agencies shall provide assistance to applicants in complet-
    17  ing voter registration forms, including the section of the form allowing
    18  for registration to become an organ donor, and in cases in which such an
    19  agency  would  provide  assistance  with its own form, such agency shall
    20  provide the same degree of assistance with regard to the voter registra-
    21  tion and organ donor forms as is provided with regard to the  completion
    22  of  its  own  form,  if  so requested. [As part of such assistance, such
    23  agencies shall also, upon request by an applicant who identifies himself
    24  or herself as being on  parole  and  when  practically  feasible,  check
    25  publicly available information to inform such applicant if a restoration
    26  of  their  right to vote has been granted, provided that such assistance
    27  may be provided by a person other than the person to  whom  the  request
    28  was  made and further provided that such assistance shall not be consid-
    29  ered an endorsement of the accuracy of any publicly  available  informa-
    30  tion  not  maintained by the city.] Such agencies shall also receive and
    31  transmit the completed application form from any applicants who  request
    32  to  have such form transmitted to the board of elections for the city of
    33  New York.
    34    § 16. The state board of elections is directed to revise all paperwork
    35  utilized for voter registration, and for the process of applying for and
    36  voting by absentee ballot to remove all references to  felonies  or  the
    37  limitation of the right to vote due to conviction of a felony.
    38    § 17. This act shall take effect on the first of January next succeed-
    39  ing  the  date  on  which it shall have become a law; provided, however,
    40  that the amendments to paragraph (d) of subdivision 1 of  section  8-400
    41  of the election law made by section nine of this act shall be subject to
    42  the  expiration and reversion of such paragraph pursuant to section 2 of
    43  chapter 139 of the laws of 2020, as amended, when   upon such  date  the
    44  provisions  of section ten shall take effect. Effective immediately, the
    45  addition, amendment and/or repeal of any rule  or  regulation  necessary
    46  for  the implementation of this act on its effective date are authorized
    47  to be made and completed on or before such date.