S T A T E O F N E W Y O R K
________________________________________________________________________
9380
I N A S S E M B L Y
(PREFILED)
January 6, 2010
___________
Introduced by M. of A. JEFFRIES, ESPAILLAT, DINOWITZ, ARROYO, P. RIVERA,
HEASTIE, LAVINE, BENJAMIN, KAVANAGH -- Multi-Sponsored by -- M. of A.
BOYLAND, CLARK, CRESPO, HOOPER, LATIMER, PEOPLES-STOKES, PERRY, ROSEN-
THAL, TOWNS -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to the residential classi-
fication of certain incarcerated persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislature notes that section 4 of article II of the
constitution provides in pertinent part as follows: "S 4. For the
purpose of voting, no person shall be deemed to have gained or lost a
residence...while confined in any public prison." Likewise, subdivision
1 of section 5-104 of the election law provides in pertinent part as
follows: "For the purpose of registering and voting no person shall be
deemed to have gained or lost a residence...while confined in any public
prison."
Despite these provisions, investigation has shown that many incarcer-
ated persons are being classified for purposes of residency as residents
of their places of incarceration rather than as residents of their plac-
es of residence prior to incarceration. The provisions of this act are
necessary to provide procedures and duties to correct these errors.
S 2. The election law is amended by adding a new section 3-112 to read
as follows:
S 3-112. PRISONER CENSUS ADJUSTMENT. 1. THE PROVISIONS OF THIS SECTION
SHALL APPLY ONLY TO, AND THE INFORMATION OBTAINED PURSUANT TO THIS
SECTION SHALL BE USED IN, THE CREATION OF CONGRESSIONAL, ASSEMBLY,
SENATE, AND COUNTY LEGISLATIVE BODY DISTRICTS.
2. NOT LATER THAN THE NEXT SEPTEMBER FIRST FOLLOWING THE DATE ON
WHICH THE TRACT-LEVEL POPULATION COUNTS FOR THIS STATE FROM THE FEDERAL
DECENNIAL CENSUS ARE RELEASED BY THE DIRECTOR OF THE BUREAU OF THE
CENSUS OF THE UNITED STATES DEPARTMENT OF COMMERCE, THE STATE BOARD OF
ELECTIONS SHALL PREPARE AND DISSEMINATE ADJUSTED POPULATION COUNTS FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03619-01-9
A. 9380 2
EACH GEOGRAPHIC UNIT INCLUDED IN THE CENSUS COUNTS AS PROVIDED BY THIS
SECTION.
3. (A) NOT LATER THAN JUNE FIRST OF THE YEAR IN WHICH THE FEDERAL
DECENNIAL CENSUS IS CONDUCTED, EACH STATE AGENCY AND LOCAL GOVERNMENTAL
ENTITY IN THIS STATE THAT OPERATES A FACILITY FOR THE INCARCERATION OF
PERSONS CONVICTED OF A CRIMINAL OFFENSE, INCLUDING A MENTAL HEALTH
INSTITUTION FOR THOSE PERSONS, OR THAT PLACES ANY PERSON CONVICTED OF A
CRIMINAL OFFENSE IN A PRIVATE FACILITY TO BE INCARCERATED ON BEHALF OF
THE STATE AGENCY OR GOVERNMENTAL ENTITY, SHALL SUBMIT A REPORT TO THE
STATE BOARD OF ELECTIONS WITH THE FOLLOWING INFORMATION:
(1) THE NAME OF EACH PERSON INCARCERATED IN A FACILITY OPERATED BY THE
STATE AGENCY, GOVERNMENTAL ENTITY, OR IN A PRIVATE FACILITY ON BEHALF OF
THE STATE AGENCY OR GOVERNMENTAL ENTITY ON THE DATE FOR WHICH THE CENSUS
REPORTS POPULATION WHO COMPLETED A CENSUS FORM, RESPONDED TO A CENSUS
INQUIRY, OR WAS INCLUDED IN ANY REPORT PROVIDED TO CENSUS OFFICIALS, IF
THE FORM, RESPONSE, OR REPORT INDICATED THAT THE PERSON RESIDED AT THE
FACILITY ON THAT DATE.
(2) THE AGE, SEX, AND RACE OF EACH PERSON INCLUDED IN THE REPORT.
(3) THE LAST ADDRESS AT WHICH THE PERSON RESIDED BEFORE THE PERSON'S
CURRENT INCARCERATION.
(B) EACH GOVERNMENTAL ENTITY REQUIRED TO MAKE A REPORT UNDER PARAGRAPH
(A) OF THIS SUBDIVISION SHALL ENSURE THAT IT COLLECTS AND MAINTAINS THE
INFORMATION REQUIRED TO MAKE THE REPORT.
4. THE STATE BOARD OF ELECTIONS SHALL REQUEST EACH AGENCY THAT OPER-
ATES A FEDERAL FACILITY IN THIS STATE THAT INCARCERATES PERSONS
CONVICTED OF A CRIMINAL OFFENSE TO PROVIDE THE STATE BOARD OF ELECTIONS
WITH A REPORT INCLUDING THE INFORMATION LISTED IN PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION FOR PERSONS CONVICTED OF AN OFFENSE IN
THIS STATE.
5. FOR EACH PERSON INCLUDED IN A REPORT RECEIVED UNDER SUBDIVISIONS
THREE AND FOUR OF THIS SECTION, THE STATE BOARD OF ELECTIONS SHALL
DETERMINE THE GEOGRAPHIC UNITS FOR WHICH POPULATION COUNTS ARE REPORTED
IN THE FEDERAL DECENNIAL CENSUS THAT CONTAIN THE LAST ADDRESS AT WHICH
THE PERSON RESIDED BEFORE THE PERSON'S INCARCERATION ACCORDING TO THE
REPORT AND, IF THAT ADDRESS IS IN THIS STATE:
(A) ADJUST ALL RELEVANT POPULATION COUNTS REPORTED IN THE CENSUS,
INCLUDING POPULATIONS BY AGE, SEX, AND RACE, AS IF THE PERSON RESIDED AT
THAT ADDRESS ON THE DAY FOR WHICH THE CENSUS REPORTS POPULATION.
(B) ELIMINATE THE PERSON FROM ALL APPLICABLE POPULATION COUNTS
REPORTED IN THE FEDERAL DECENNIAL CENSUS FOR THE GEOGRAPHIC UNITS THAT
INCLUDE THE FACILITY AT WHICH THE PERSON WAS INCARCERATED ON THE DAY FOR
WHICH THE CENSUS REPORTS POPULATION.
6. UPON THE COMPLETION OF THE COMPILATION OF THE INFORMATION REQUIRED
PURSUANT TO THIS SECTION, THE STATE BOARD OF ELECTIONS SHALL PROMPTLY
MAKE A REPORT THEREOF AVAILABLE TO THE LEGISLATIVE TASK FORCE ON DEMO-
GRAPHIC RESEARCH AND REAPPORTIONMENT, ALL LOCAL BOARDS OF ELECTION, ALL
COUNTY LEGISLATIVE BODIES, AND THE PUBLIC. THE LEGISLATIVE TASK FORCE
ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT SHALL UTILIZE SUCH INFORMA-
TION IN THE CREATION OF CONGRESSIONAL, ASSEMBLY, AND SENATE DISTRICTS.
ALL COUNTY LEGISLATIVE BODIES SHALL UTILIZE SUCH INFORMATION IN THE
CREATION OF COUNTY LEGISLATIVE BODY DISTRICTS.
S 3. This act shall take effect immediately.