Bill Text: NY A08677 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to election law [A08677 Detail]

Download: New_York-2019-A08677-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8677

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    October 23, 2019
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Election Law

        AN ACT to amend the election law and the correction law, in relation  to
          promoting  inmate voter registration and voting; 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 inmate incarcerated
     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     7  are REPEALED and subdivision 6 is renumbered subdivision 2.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.
                                                                   LBD13504-04-9
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     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 inmate's ability to register or vote.
    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 added 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  section  18  of
    36  subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
    37  read as follows:
    38    § 75. Notice of voting rights. 1.  The  department,  in  collaboration
    39  with  the state and county boards of election, shall establish a program
    40  to promote inmate voter registration  and  voting.  Such  program  shall
    41  include:
    42    (a)  development and distribution of an inmate voter information guide
    43  to be distributed to inmates and shall include but not be limited to the
    44  following information:
    45    (i) important dates and deadlines;
    46    (ii) registration requirements and instructions;
    47    (iii) how to request and cast an absentee ballot  while  incarcerated;
    48  and
    49    (iv) resources for any additional questions; and
    50    (b)  voter  information  and  registration clinics for inmates.   Such
    51  clinics shall:
    52    (i) be held every other year to coincide with election cycles;
    53    (ii) be held at least ninety  days  prior  to  an  election  to  allow
    54  adequate  time  for voter registration and the requesting and mailing of
    55  absentee ballots;
    56    (iii) inform inmates of:
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     1    (A) their ability to vote while incarcerated;
     2    (B) important dates and deadlines;
     3    (C) registration requirements and instructions; and
     4    (D)  guidance  on requesting and casting absentee ballots while incar-
     5  cerated; and
     6    (iv) serve as voter registration drives  for  qualified  inmates.    A
     7  department staff member or designee shall be available to assist inmates
     8  in filling out paper or electronic registration forms and to provide the
     9  appropriate address for the mailing of completed registration forms.
    10    2.  Upon  the  discharge  from  a correctional facility [of any person
    11  whose maximum sentence of imprisonment has expired] or upon  a  person's
    12  discharge  from  community supervision, the department shall notify such
    13  person of his or her right to vote and provide such person with  a  form
    14  of  application for voter registration together with written information
    15  distributed by the board of elections on the importance and the  mechan-
    16  ics of voting.
    17    §  7.  This  act shall take effect on the ninetieth day after it shall
    18  have become a law. Effective immediately, the addition, amendment and/or
    19  repeal of any rule or regulation necessary  for  the  implementation  of
    20  this  act  on its effective date are authorized to be made and completed
    21  on or before such effective date.