Bill Text: NY A04499 | 2023-2024 | General Assembly | Introduced

---

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 1-0)

Status: (Introduced) 2024-01-03 - referred to election law [A04499 Detail]

Download: New_York-2023-A04499-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4499

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2023
                                       ___________

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

          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 in
     4  a state or local correctional facility, as defined in section two of the
     5  correction law, shall be entitled to vote by absentee ballot as provided
     6  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  chapter  103  of
    18  the laws of 2021, is amended to read as follows:
    19    §  75. [Notice of voting] Voting rights. [Prior to the release from a]
    20  1. Upon the admission of an incarcerated individual to a state or  local

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08655-01-3
        A. 4499                             2

     1  correctional  facility [of any person], the department shall notify such
     2  [person verbally and in writing, that] incarcerated individual of his or
     3  her voting rights [will be restored upon release and provide such person
     4  with  a  form  of  application  for voter registration and a declination
     5  form, offer such person assistance in filling out the appropriate  form,
     6  and  provide such person written information distributed by the board of
     7  elections on the importance and the mechanics of voting.  Upon  release,
     8  such person may choose to either submit his or her completed application
     9  to the state board or county board where such person resides or have the
    10  department  transmit  it on his or her behalf. Where such person chooses
    11  to have the department transmit the application,  the  department  shall
    12  transmit  the  completed  application  upon such person's release to the
    13  state board or associated with an absentee ballot without  interference.
    14  county  board  where such person resides.] and, upon the request of such
    15  incarcerated individual, provide such individual with a form of applica-
    16  tion for voter registration together with written  information  distrib-
    17  uted  by  the  board  of  elections  on  the importance and mechanics of
    18  voting, or with access to the electronic voter registration  transmittal
    19  system described in title five of article eight of the election law. The
    20  superintendent of  the  correctional  facility  shall  ensure  that  all
    21  completed voter registrations are:
    22    (a)  properly and immediately submitted electronically to the applica-
    23  ble board of elections if the electronic voter registration  transmittal
    24  system is utilized; or
    25    (b)  deposited with the United States Post Office within three days of
    26  being filled out  by  an  incarcerated  individual  if  registration  is
    27  submitted on paper.
    28    2.  Each  incarcerated  individual who is qualified to vote and regis-
    29  tered to vote may apply to his or her county board of elections  for  an
    30  absentee  ballot  in  the  manner provided for by the mail provisions of
    31  section 8-400 of the election law. There shall  be  a  presumption  that
    32  incarcerated  individuals  are qualified to vote and registered to vote.
    33  The superintendent of the correctional facility shall ensure  that  each
    34  such  application  for  an absentee ballot is  deposited with the United
    35  States Post Office within three days of being filled out by an incarcer-
    36  ated individual.
    37    3. Each absentee ballot received at the correctional facility shall be
    38  delivered to the  incarcerated individual   to whom it   is    addressed
    39  within   two  days  of receipt at the correctional facility.  The super-
    40  intendent of the correctional facility shall ensure that  each  absentee
    41  ballot is deposited with the United States Post Office within three days
    42  of  being  filled out by the incarcerated individual to whom it has been
    43  addressed.
    44    4. Voter registrations, applications for absentee ballots and absentee
    45  ballots  shall be processed by the correctional facility separately from
    46  other  incarcerated individual  mail.  Notwithstanding any law, rule  or
    47  regulation    to  the  contrary, no person shall open any correspondence
    48  between an incarcerated individual and a board of  elections,  including
    49  an  incarcerated  individual's  voter registration, application  for  an
    50  absentee  ballot  or  filled  out absentee ballot. Incarcerated individ-
    51  uals  shall be permitted to cast their votes privately and to  seal  all
    52  envelopes associated with an absentee ballot without interference.
    53    §  3.  Section  5-106  of the election law, subdivisions 2, 3 and 4 as
    54  amended by chapter 103 of the laws of 2021, subdivision 5 as amended  by
    55  chapter  234 of the laws of 1976 and subdivision 6 as amended by chapter
    56  82 of the laws of 1982, is amended to read as follows:
        A. 4499                             3

     1    § 5-106. Qualifications of voters; reasons for exclusion.
     2    1.  No  person who shall receive, accept, or offer to receive, or pay,
     3  offer or promise to pay, contribute, offer or promise to  contribute  to
     4  another,  to be paid or used, any money or any other valuable thing as a
     5  compensation or reward for the  giving  or  withholding  a  vote  at  an
     6  election,  or for registering or refraining from registering as a voter,
     7  or who shall make any promise to influence the giving or withholding  of
     8  any  such  vote or registration, or who shall make or become directly or
     9  indirectly interested in any bet or wager depending upon the  result  of
    10  an election, shall vote at such election.
    11    2.  [No  person  who has been convicted of a felony and sentenced to a
    12  period of imprisonment for such felony pursuant  to  the  laws  of  this
    13  state,  shall  have  the  right  to register for or vote at any election
    14  while he or she is incarcerated for such felony.
    15    3. No person who has been convicted in a federal court, of  a  felony,
    16  or  a crime or offense which would constitute a felony under the laws of
    17  this state, and sentenced to a period of imprisonment for  such  felony,
    18  shall have the right to register for or vote at any election while he or
    19  she is incarcerated for such felony.
    20    4.  No  person  who has been convicted in another state for a crime or
    21  offense which would constitute a felony under the laws of this state and
    22  sentenced to a period of imprisonment for such felony,  shall  have  the
    23  right  to register for or vote at any election in this state while he or
    24  she is incarcerated for such felony.
    25    5. The provisions of subdivisions two, three and four of this  section
    26  shall  not  apply  if the person so convicted is not sentenced to either
    27  death or imprisonment, or if the execution of a sentence of imprisonment
    28  is suspended.
    29    6.] No person who has been adjudged incompetent by order of a court of
    30  competent judicial authority shall have the right  to  register  for  or
    31  vote  at  any  election  in this state unless thereafter he or she shall
    32  have been adjudged competent pursuant to law.
    33    § 4. Subdivision 3 of section 5-210 of the election law, as amended by
    34  chapter 765 of the laws of 2022, is amended to read as follows:
    35    3.  Completed  application  forms,  when  received  by  any  board  of
    36  elections  and,  with  respect  to  application forms promulgated by the
    37  federal election  commission,  when  received  by  the  state  board  of
    38  elections,  or  showing  a  dated cancellation mark of the United States
    39  Postal Service or contained in an envelope showing such a dated  cancel-
    40  lation  mark  which  is not later than the fifteenth day before the next
    41  ensuing primary, general or special election, and received no later than
    42  the tenth day before such election, or delivered in person to such board
    43  of elections not later than the tenth day before  such  election,  shall
    44  entitle  the  applicant to vote in such election, if he or she is other-
    45  wise qualified, provided, however, such applicant shall not  vote  on  a
    46  voting  machine  until  his  or  her  identity is verified. Any board of
    47  elections receiving an application form  from  a  person  who  does  not
    48  reside in its jurisdiction but who does reside elsewhere in the state of
    49  New  York,  shall  forthwith forward such application form to the proper
    50  board of elections; provided, however, that the residence  of  a  person
    51  incarcerated  in  a  correctional facility, as  defined  in  section two
    52  of  the correction law, or in a county jail,  is  not  included  in  the
    53  jurisdiction where a person  is  incarcerated  unless  such  person  had
    54  resided in that jurisdiction prior to incarceration, and any such person
    55  may  apply to register to vote in the jurisdiction where that person has
    56  previously established a fixed and principal home to  which  the  person
        A. 4499                             4

     1  intends   to return. Each board of elections shall make an entry on each
     2  such form of the date it is received by such board.
     3    § 5. Subdivision 1 of section 5-400 of the election law, as amended by
     4  chapter  659  of the laws of 1994, paragraph (a) as amended by chapter 3
     5  of the laws of 2019, is amended to read as follows:
     6    1. A voter's registration, including the registration of  a  voter  in
     7  inactive  status,  shall  be  cancelled if, since the time of his or her
     8  last registration, he or she:
     9    (a) Moved his or her residence outside the state.
    10    (b) [Was convicted of a felony disqualifying him from voting  pursuant
    11  to the provisions of section 5-106 of this article.
    12    (c)] Has been adjudicated an incompetent.
    13    [(d)] (c) Refused to take a challenge oath.
    14    [(e)] (d) Has died.
    15    [(f)]  (e)  Did  not  vote  in  any election conducted by the board of
    16  elections during the period ending with the second general  election  at
    17  which  candidates  for federal office are on the ballot after his or her
    18  name was placed in inactive status and for whom the board  of  elections
    19  did  not,  during such period, in any other way, receive any information
    20  that such voter still resides in the same county or city.
    21    [(g)] (f) Personally requested to have his or her  name  removed  from
    22  the list of registered voters.
    23    [(h)]  (g)  For  any  other  reason, is no longer qualified to vote as
    24  provided in this chapter.
    25    § 6. Paragraph b of subdivision 4 of section  5-708  of  the  election
    26  law,  as added by chapter 659 of the laws of 1994, is amended to read as
    27  follows:
    28    b.  The  state board shall arrange such notices and the names received
    29  pursuant to the other provisions of this section by county of  residence
    30  and  transmit  such  notices [and any notices of conviction for a felony
    31  received from a United States attorney]  to  the  appropriate  board  of
    32  elections.
    33    § 7. Subdivision 3 of section 7-123 of the election law, as amended by
    34  chapter 104 of the laws of 2010, and the opening paragraph as amended by
    35  chapter 411 of the laws of 2019, is amended to read as follows:
    36    3.  There  shall  be three envelopes for each military absentee ballot
    37  issued when the military voter's preferred method of transmission is  by
    38  mail:  the  inner  affirmation envelope into which a voter places his or
    39  her voted ballot, the outer envelope which shall  be  addressed  to  the
    40  absentee voter, and the mailing envelope which is addressed to the coun-
    41  ty  board  of  elections.  The board of elections shall furnish an inner
    42  affirmation envelope with each military ballot upon which envelope shall
    43  be printed:

    44                          BALLOT FOR MILITARY VOTER
    45                                 AFFIRMATION

    46    I swear or affirm that:
    47    (a) I am a member of the uniformed  services  or  merchant  marine  on
    48  active  duty or an eligible spouse, parent, child or dependent of such a
    49  member, and
    50    (b) I am a United States citizen, at least eighteen years of  age  (or
    51  will  be  by the day of the election), eligible to vote in the requested
    52  jurisdiction, and
        A. 4499                             5

     1    (c) I have [neither been convicted of a felony or other  disqualifying
     2  offense  nor]  not  been  adjudicated mentally incompetent, or if so, my
     3  voting rights have been reinstated, and
     4    (d)  I am not registering, requesting a ballot, or voting in any other
     5  jurisdiction in the United States, and
     6    (e) My signature and date below indicate when I completed  this  docu-
     7  ment, and
     8    (f)  The  information on this form is true and complete to the best of
     9  my knowledge.
    10    I understand that a material misstatement of fact in the completion of
    11  this document may constitute grounds for conviction of a crime.

    12  Date .......... 20....
    13                                          ................................
    14                                              Signature or mark of voter
    15                                          ................................
    16                                           Signature of Witness (required
    17                                           only if voter does not sign his
    18                                                      or her own name)
    19                                          ................................
    20                                                    Address of Witness

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

    48  Date.................20.....       .....................................
    49                                     Signature or mark of voter

    50                                     .....................................
    51                                     Signature of Witness (required only
    52                                     if voter does not sign his or her own
        A. 4499                             6

     1                                     name)

     2                                     .....................................
     3                                     Address of Witness

     4    §  9.  Paragraph (d) of subdivision 1 of section 8-400 of the election
     5  law, as amended by chapter 63 of the laws of 2010, is amended to read as
     6  follows:
     7    (d) absent from his or her voting  residence  because  he  or  she  is
     8  detained  in  jail awaiting action by a grand jury or awaiting trial, or
     9  confined in jail or prison after a conviction [for an offense other than
    10  a felony], provided that he or she is qualified to vote in the  election
    11  district of his or her residence.
    12    §  10.  Subparagraph (iv) of paragraph (c) of subdivision 3 of section
    13  8-400 of the  election law, as amended by chapter 63 of  the  laws    of
    14  2010, is amended to read as follows:
    15    (iv)  detained  in  jail  awaiting  action by a grand jury or awaiting
    16  trial or confined in jail or prison after a conviction [for  an  offense
    17  other  than  a  felony]  and  stating  the  place  where he or she is so
    18  detained or confined.
    19    § 11. Subdivision 5 of section 8-504 of the election law is REPEALED.
    20    § 12.  Paragraph (d) of subdivision 1 and subparagraph (iv)  of  para-
    21  graph  (c) of subdivision 4 of section 15-120 of the election law, para-
    22  graph (d) of subdivision 1 as amended and subparagraph (iv) of paragraph
    23  (c) of subdivision 4 as added by chapter 289 of the laws  of  2014,  are
    24  amended to read as follows:
    25    (d)  absent  from  his  or  her  voting residence because he or she is
    26  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    27  confined in jail or prison [after a conviction for an offense other than
    28  a  felony], provided that he or she is qualified to vote in the election
    29  district of his or her residence.
    30    (iv) detained in jail awaiting action by  a  grand  jury  or  awaiting
    31  trial  or  confined in jail or prison [after a conviction for an offense
    32  other than a felony] and stating  the  place  where  he  or  she  is  so
    33  detained or confined.
    34    §  13.  Subdivisions 10 of section 1057-a of the New York city charter
    35  are REPEALED.
    36    § 14. The opening paragraph of section 1057-a of  the  New  York  city
    37  charter,  as  amended by local law number 80 of the city of New York for
    38  the year 2020, is amended to read as follows:
    39    Each agency designated as a participating agency under the  provisions
    40  of this section shall implement and administer a program of distribution
    41  of  voter registration forms pursuant to the provisions of this section.
    42  The following offices  are  hereby  designated  as  participating  voter
    43  registration  agencies:  The administration for children's services, the
    44  business integrity commission, the city clerk,  the  civilian  complaint
    45  review  board,  the  commission  on  human rights, community boards, the
    46  department of small business services, the department for the aging, the
    47  department of citywide administrative services, the department  of  city
    48  planning,  the department of consumer and worker protection, the depart-
    49  ment of correction, the department of cultural affairs,  the  department
    50  of  environmental  protection, the department of finance, the department
    51  of health and mental hygiene, the department of homeless  services,  the
    52  department  of  housing  preservation and development, the department of
    53  parks and recreation, the department of  probation,  the  department  of
    54  records and information services, the taxi and limousine commission, the
        A. 4499                             7

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