Bill Text: NY S07348 | 2023-2024 | General Assembly | Introduced
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 4-0)
Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S07348 Detail]
Download: New_York-2023-S07348-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7348 2023-2024 Regular Sessions IN SENATE May 19, 2023 ___________ Introduced by Sens. PARKER, JACKSON, RAMOS, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Elections 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 Subdivisions 2, 3, 4 and 5 of section 5-106 of the election law 8 are REPEALED and subdivision 6 is renumbered subdivision 2. 9 § 3.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 pursuant18to 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06747-01-3S. 7348 2 1 [(f)] (e) Did not vote in any election conducted by the board of 2 elections during the period ending with the second general election at 3 which candidates for federal office are on the ballot after his or her 4 name was placed in inactive status and for whom the board of elections 5 did not, during such period, in any other way, receive any information 6 that such voter still resides in the same county or city. 7 [(g)] (f) Personally requested to have his or her name removed from 8 the list of registered voters. 9 [(h)] (g) For any other reason, is no longer qualified to vote as 10 provided in this chapter. 11 1-a. A voter's registration shall not be cancelled while he or she is 12 incarcerated in a state or local correctional facility. 13 § 4. Subdivision 2 of section 5-708 of the election law is REPEALED 14 and subdivisions 3, 4, 5, 6 and 7, subdivision 3 as renumbered by chap- 15 ter 659 of the laws of 1994, are renumbered subdivisions 2, 3, 4, 5 and 16 6. 17 § 5. Subdivision 3 of section 5-708 of the election law, as amended by 18 chapter 659 of the laws of 1994 and as renumbered by section four of 19 this act, paragraph a as amended by chapter 200 of the laws of 1996, is 20 amended to read as follows: 21 3. a. If a board of elections receives any notices pursuant to the 22 provisions of [subdivisions] subdivision two [and three] of this section 23 which set forth a residence address outside of the city or county of 24 such board's jurisdiction, it shall, at least once a month, transmit 25 such notices to the appropriate board of elections, or, if such address 26 is outside the state, to the state board of elections. 27 b. The state board shall arrange such notices and the names received 28 pursuant to the other provisions of this section by county of residence 29 and transmit such notices [and any notices of conviction for a felony30received from a United States attorney] to the appropriate board of 31 elections. 32 c. If any such notices, or names received pursuant to the other 33 provisions of this section, set forth a residence address outside New 34 York state, the state board shall transmit such notices to the chief 35 state election official of such state at such times and in such manner 36 as it deems appropriate. 37 § 6. Section 75 of the correction law, as amended by chapter 103 of 38 the laws of 2021, is amended to 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 facilitate incarcerated individuals voter registration and voting. 42 Such program shall include access and assistance with voter registration 43 forms and a mechanism for voting, including, but not limited to, absen- 44 tee ballots. 45 2. Prior to the release from a correctional facility of any person the 46 department shall [notify such person verbally and in writing, that his47or her voting rights will be restored upon release and] provide such 48 person with a form of application for voter registration and a declina- 49 tion form, offer such person assistance in filling out the appropriate 50 form, and provide such person written information distributed by the 51 board of elections on the importance and the mechanics of voting. Upon 52 release, such person may choose to either submit his or her completed 53 application to the state board or county board where such person resides 54 or have the department transmit it on his or her behalf. Where such 55 person chooses to have the department transmit the application, theS. 7348 3 1 department shall transmit the completed application upon such person's 2 release to the state board or county board where such person resides. 3 § 7. This act shall take effect on the ninetieth day after it shall 4 have become a law. Effective immediately, the addition, amendment and/or 5 repeal of any rule or regulation necessary for the implementation of 6 this act on its effective date are authorized to be made and completed 7 on or before such effective date.
