S T A T E O F N E W Y O R K
________________________________________________________________________
1816
2011-2012 Regular Sessions
I N A S S E M B L Y
January 12, 2011
___________
Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the correction law, the executive law and the election
law, in relation to voter registration applications provided to
ex-felons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 76 to
read as follows:
S 76. DISCHARGE; PROVISION OF VOTER REGISTRATION FORM. 1. UPON THE
DISCHARGE FROM A CORRECTIONAL FACILITY OF ANY UNITED STATES CITIZEN WHO
HAS FULLY COMPLETED A SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A
FELONY, THE DEPARTMENT SHALL PROVIDE SUCH CITIZEN WITH A FORM OF APPLI-
CATION FOR VOTER REGISTRATION BY MAIL TOGETHER WITH WRITTEN INFORMATION
DISTRIBUTED BY A BOARD OF ELECTIONS ON THE IMPORTANCE AND THE MECHANICS
OF VOTING.
2. THE COMMISSIONER SHALL, ON OR BEFORE THE FIFTEENTH DAY OF EACH
MONTH, TRANSMIT TO THE SECRETARY OF STATE A LIST OF ALL PERSONS WHO,
DURING THE PRECEDING CALENDAR MONTH, HAVE BEEN RELEASED FROM CONFINEMENT
IN A CORRECTIONAL INSTITUTION OR FACILITY OR A COMMUNITY RESIDENCE AND,
IF APPLICABLE, DISCHARGED FROM PAROLE. SUCH LISTS SHALL INCLUDE THE
NAMES, BIRTH DATES AND ADDRESSES OF SUCH PERSONS, WITH THE DATES OF
THEIR CONVICTIONS. THE SECRETARY OF STATE SHALL TRANSMIT SUCH LISTS TO
THE REGISTRARS OF THE MUNICIPALITIES IN WHICH SUCH CONVICTED PERSONS
RESIDED AT THE TIME OF THEIR CONVICTIONS AND TO THE REGISTRARS OF ANY
MUNICIPALITIES WHERE THE SECRETARY BELIEVES SUCH PERSONS MAY BE ELEC-
TORS.
S 2. Subdivision 2 of section 259-j of the executive law, as separate-
ly amended by section 10 of part F and section 1 of part N of chapter 62
of the laws of 2003, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05025-01-1
A. 1816 2
2. A merit termination granted by the division of parole under this
section shall constitute a termination of the sentence with respect to
which it was granted. No such merit termination shall be granted unless
the division of parole is satisfied that termination of sentence from
presumptive release, parole or from conditional release is in the best
interest of society, and that the parolee or releasee, otherwise finan-
cially able to comply with an order of restitution and the payment of
any mandatory surcharge previously imposed by a court of competent
jurisdiction, has made a good faith effort to comply therewith. UPON
SUCH DISCHARGE, THE BOARD OF PAROLE SHALL PROVIDE ANY SUCH UNITED STATES
CITIZEN PAROLEE WITH A FORM OF APPLICATION FOR VOTER REGISTRATION BY
MAIL TOGETHER WITH WRITTEN INFORMATION DISTRIBUTED BY A BOARD OF
ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING.
S 3. Subdivision 4 of section 259-j of the executive law, as amended
by section 13 of part AAA of chapter 56 of the laws of 2009, is amended
to read as follows:
4. Except where a determinate sentence was imposed for a felony other
than a felony defined in article two hundred twenty or article two
hundred twenty-one of the penal law, if the board of parole is satisfied
that an absolute discharge from presumptive release, parole, conditional
release or release to a period of post-release supervision is in the
best interests of society, the board may grant such a discharge prior to
the expiration of the full term or maximum term to any person who has
been on unrevoked presumptive release, parole, conditional release or
release to post-release supervision for at least three consecutive
years. A discharge granted under this section shall constitute a termi-
nation of the sentence with respect to which it was granted. No such
discharge shall be granted unless the board of parole is satisfied that
the parolee or releasee, otherwise financially able to comply with an
order of restitution and the payment of any mandatory surcharge, sex
offender registration fee or DNA databank fee previously imposed by a
court of competent jurisdiction, has made a good faith effort to comply
therewith. UPON SUCH DISCHARGE, THE BOARD OF PAROLE SHALL PROVIDE ANY
SUCH UNITED STATES CITIZEN PAROLEE WITH A FORM OF APPLICATION FOR VOTER
REGISTRATION BY MAIL TOGETHER WITH WRITTEN INFORMATION DISTRIBUTED BY A
BOARD OF ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING.
S 4. Subdivision 2 of section 5-106 of the election law, as amended by
chapter 373 of the laws of 1978, is 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] SUCH PERSON shall have been pardoned or restored to
the rights of citizenship by the governor, or [his] SUCH PERSON'S maxi-
mum sentence of imprisonment has expired, or [he] SUCH PERSON 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]
SUCH PERSON. UPON THE EXPIRATION OF SUCH PERSON'S MAXIMUM SENTENCE OF
IMPRISONMENT, OR UPON SUCH PERSON'S DISCHARGE FROM PAROLE, THE COMMIS-
SIONER SHALL IN THE CASE OF ANY CITIZEN SEND A NOTICE OF VOTER ELIGIBIL-
ITY TO THE APPROPRIATE BOARD OF ELECTIONS VERIFYING THE FORMER INMATE'S
OR PAROLEE'S ELIGIBILITY TO REGISTER TO VOTE AND TO VOTE, AND SHALL MAIL
THE SAME NOTICE TO THE FORMER INMATE OR PAROLEE.
S 5. This act shall take effect immediately.