senate Bill S3599

Relates to allowing parolees the right to register for and vote at any election

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 28 / Feb / 2011
    • REFERRED TO ELECTIONS
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS

Summary

Relates to allowing parolees the right to register for and vote at any election.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4349
Versions:
S3599
Legislative Cycle:
2011-2012
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd ยง5-106, El L
Versions Introduced in 2009-2010 Legislative Cycle:
S7546, A10217

Sponsor Memo

BILL NUMBER:S3599

TITLE OF BILL:
An act
to amend the election law, in relation to allowing parolees the right to
register for and vote at any election

PURPOSE OR GENERAL IDEA OF BILL:
To allow parollees the right to vote and register for elections.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1.
Subdivision 2, 3, and 4 of
section 5-106 of the election law, subdivision 2 as amended by
chapter 373 of the laws of 1978 are amended. The amendments give an
individual on parole the right to vote and register for elections.

JUSTIFICATION:
The Brennan Center for Justice released a report
titled, "Jim Crow in New York," which traced the history of New
York's felony disenfranchisement law and revealed that its roots are
firmly planted in some of the most discriminatory voting barriers to
exist in our country. The report clarifies that Jim Crow laws were
not confined to the South. In fact, during the 18th century, New
York's election laws clearly followed the national narrative. New
York's criminal disenfranchisement provisions followed a concerted
effort to exclude African Americans from participating in the
political process.

Today, the voting bar in our State's constitution is nearly identical
to the one enacted 140 years ago. And these discriminatory laws
continue to have their intended effect, with African-Americans and
Latinos representing 80 percent of those currently disenfranchised in
New York. This bill would remove this shameful barrier from a by-gone
era by restoring the right to vote and register for elections to
persons on parole. with this measure, New York will begin the process
of removing the discriminatory voting barriers established during the
Jim Crow era.

Voting is a right of American citizenship and should not be subject to
governmental caprice. When persons are released on parole they become
members of our communities. By removing their ability to vote, we
prevent these persons from having a say in who represents them in
local, state and federal offices. This legislation would correct this
injustice by restoring their constitutional right to vote.

PRIOR LEGISLATIVE HISTORY:
2010: A.10217/S.7546 - Held in Elections

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3599

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to allowing  parolees  the
  right to register for and vote at any election

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2, 3 and 4 of section 5-106  of  the  election
law,  subdivision  2  as amended by chapter 373 of the laws of 1978, are
amended to read as follows:
  2. No person who has been convicted of a felony pursuant to  the  laws
of  this  state,  shall  have  the  right to register for or vote at any
election unless he OR SHE shall have been pardoned or  restored  to  the
rights of citizenship by the governor, or his OR HER maximum sentence of
imprisonment  has  expired[, or he has been discharged from parole]. The
governor, however, may attach as  a  condition  to  any  such  pardon  a
provision  that  any  such  person  shall not have the right of suffrage
until it shall have been separately restored to him OR HER.
  3. No person who has been convicted in a federal court, of  a  felony,
or  a crime or offense which would constitute a felony under the laws of
this state, shall have the right to register for or vote at any election
unless he OR SHE shall have been pardoned or restored to the  rights  of
citizenship by the president of the United States, or his OR HER maximum
sentence  of  imprisonment  has expired[, or he has been discharged from
parole].
  4. No person who has been convicted in another state for  a  crime  or
offense  which  would  constitute  a felony under the laws of this state
shall have the right to register for or vote at  any  election  in  this
state  unless  he  OR  SHE  shall  have been pardoned or restored to the
rights of citizenship by the governor or other appropriate authority  of
such other state, or his OR HER maximum sentence has expired[, or he has
been discharged from parole].
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04161-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.