Senate Bill S5526A

2013-2014 Legislative Session

Creates the voting rights notification and registration act; repealer

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Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2014	print number 5526a
Jan 29, 2014	amend and recommit to elections
Jan 08, 2014	referred to elections
May 16, 2013	referred to elections

Bill Amendments

2013-S5526 - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-211 & 5-614, add §3-102-a, El L; amd §220.50, add §380.51, CP L; add §510, rpld & add §75, Cor L; add §259-jj, Exec L

2013-S5526 - Summary

Creates the voting rights notification and registration act.

2013-S5526 - Sponsor Memo

                                BILL NUMBER:S5526

TITLE OF BILL:
An act
to amend the election law, the criminal procedure law, the correction
law and the executive law, in relation to enacting the "voting rights
notification and registration act"; and repealing certain provisions
of the correction law relating thereto

PURPOSE OF BILL:

This bill enacts the "Voting Rights Notification and Registration Act"
to remove illegal barriers that prevent convicted felons from
registering to vote when they have served their sentence of
incarceration and are eligible to do so and to provide such
individuals the information needed to register.

SUMMARY OF SPECIFIC PROVISIONS:

SECTION 1 of the bill contains the short title.

SECTION 2 of the bill amends the opening paragraph and subdivisions 2,
4, 5, 8, 12, 13 and 14 of section 5-211 of the election law to add
local probation departments and the division of probation and
correctional alternatives (when providing direct probation
supervision services) to the list of local and state agencies that

must offer voter registration forms and assistance with such forms 70
their clients.

SECTION 3 of the bill amends section 220.50 of criminal procedure law
to require that a court, prior to accepting a plea of guilty to a
felony for which it will impose a period of imprisonment, advise the
defendant on the record that a conviction will result in the loss of
the right to vote until the defendant has served the maximum sentence
of imprisonment or been discharged from parole.

SECTION 4 of the bill amends section 380.51 of the criminal procedure
law to require that a court, prior to imposing a sentence of
imprisonment for a felony conviction, advise the defendant on the
record that a conviction will result in the loss of the right to vote
until the defendant has served the maximum sentence of imprisonment
or been discharged from parole.

SECTION 5 of the bill amends section 510 of the correction law to
require that, upon intake or orientation, a local correctional
facility must inform an inmate in writing of his or her right to
register to vote. The facility must also post a prominent notice
informing all inmates of such right and that there is assistance
available to do so. A local correctional faculty would be required to
provide the same assistance
regarding voting rights as do many other local and state entities
local correctional facility shall also provide each inmate, at least
30 days before any primary or general election, with written
instructions about absentee voting and shall make absentee ballot
applications available to all inmates, including chose temporarily
absent from such facility.


SECTION 6 of the bill adds section 75 to the correction law to require
the department of correctional services and, subject to their
agreement, federal correctional institutions in New York, to inform
an inmate, who has reached his or her maximum sentence of
imprisonment for a felony conviction, of his or her right to vote
upon discharge. The department shall also provide such inmate with a
voter registration form, instructions from the board of elections and
assistance in registering to vote similar to that provided by many
local and state entities. The department and, subject to their
agreement, federal correctional institutions in New York, are also
required, on or before the fifteenth of each month, to transmit to
the state board of elections a list of persons who have become
eligible to vote because of their discharge from incarceration with
their relevant information.

SECTION 7 of the bill adds section 259-jj to the executive law to
require the division of parole to inform an inmate, who has been
discharged from presumptive release, parole or conditional release,
or who has reached his or her maximum sentence of imprisonment while
under the supervision of the division of parole, of his or her right
to vote upon discharge. The division shall also provide such inmate
with a voter registration form, instructions from the board of
elections and assistance in registering to vote similar to that
provided by many local and state entities. The division is also
required, on or before the fifteenth of each month, to transmit to
the state board of elections a list of persons who have become
eligible to vote because of their discharge from presumptive release,
parole or conditional release, or the expiration of their maximum
sentence of imprisonment while under the supervision of the division
of parole with their relevant information.

SECTION 8 of the bill amends section 5-614 of the election law to
require the state board of elections to transmit information from the
department of corrections and the division of parole, regarding those
persons who are eligible to vote, to the local boards of elections at
least once a month and within 5 days of receipt of such information.
Local boards shall, within 10 days of receipt of such information,
use it to remove any remaining barriers to registration, including
electronic codes or other indications of non-eligible status. Local
boards shall also review any registration forms that were rejected
after the effective date of this act and before the receipt of the
information provided by the department of corrections or division of
parole to ensure that all persons eligible no vote have been
registered and notified of such registration.

SECTION 9 of the bill adds section 3-102-a to the election law to
require the state board of elections to cake several steps to ensure
that attorneys, judges, election officials, corrections officials,
including parole ant probation officers, and members of the public
are aware of the requirements of this act.

SECTION 10 of the bill contains the effective date.

JUSTIFICATION:

Current law restores an inmate's ability to vote once they have served
their prison term and are discharged from parole. New Yorkers who are


serving probation are not restricted at all in their ability to cast
a ballot.

Surveys show that formerly incarcerated individuals and individuals
who are serving probationary sentences do not understand these rules,
and are afraid to exercise to participate in their democracy. Further
complicating the problem, surveys by the Brennan Center have shown
that nearly half of the county election boards don't understand the
rules regarding voter eligibility in these areas. Advocates for full
enfranchisement have worked with these county boards, conducting
trainings, providing materials and other information to try to
protect the rights of formerly incarcerated individuals and those
serving probationary sentences. These efforts have not solved the
problem.

This bill is necessary in order to ensure that all eligible voters in
New York State are informed of the proper status of their
constitutionally protected right to vote. This bill creates a
mechanism whereby the misinformation surrounding the voting rights of
convicted felons will be addressed. The franchise is the most
cherished of American rights. Our commitment to former inmates that
they can and should vote is an important signal to them that we
expect them to be fully reintegrated into society.

LEGISLATIVE HISTORY:

2009:S.1266- Died in the Senate
2006:S.8489- Died in Committee
2005:S.2017- Died in Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Ninety days after it shall have become law.

2013-S5526 - Bill Text download pdf

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

                                  5526

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

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

AN ACT to amend the  election  law,  the  criminal  procedure  law,  the
  correction  law  and  the  executive  law, in relation to enacting the
  "voting rights  notification  and  registration  act";  and  repealing
  certain provisions of the correction law relating thereto

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

  Section 1. Short title.  This act shall be known and may be  cited  as
the "voting rights notification and registration act".
  S  2. The opening paragraph and subdivisions 2, 4, 5, 8, 12, 13 and 14
of section 5-211 of the election law, the opening paragraph and subdivi-
sion 14 as amended by chapter 200 of the laws of  1996,  subdivisions  2
and  8  as  amended and subdivisions 4, 5, 12 and 13 as added by chapter
659 of the laws of 1994, are amended to read as follows:
  Each agency designated as a participating agency under the  provisions
of this section shall implement and administer a program of distribution
of  voter registration forms pursuant to the provisions of this section.
The following offices which provide  public  assistance  and/or  provide
state funded programs primarily engaged in providing services to persons
with  disabilities are hereby designated as voter registration agencies:
designated as the state agencies which provide public assistance are the
department of social services and the department of health.  Also desig-
nated as public assistance agencies are all agencies of local government
that provide such assistance AND LOCAL PROBATION  DEPARTMENTS.    Desig-
nated  as  state  agencies  that  provide  programs primarily engaged in
providing services to people with disabilities  are  the  department  of
labor,  office  for  the aging, division of veterans' affairs, office of
mental health, office of vocational and educational services  for  indi-
viduals with disabilities, commission on quality of care for the mental-
ly  disabled,  office  of mental retardation and developmental disabili-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11125-01-3

S. 5526                             2

ties, commission for the  blind  and  visually  handicapped,  office  of
alcoholism  and substance abuse services, the office of the advocate for
the disabled and all offices which administer  programs  established  or
funded  by  such agencies. Additional state agencies designated as voter
registration offices are the department of state  [and],  the  [division
of]  workers'  compensation BOARD, THE DIVISION OF PROBATION AND CORREC-
TIONAL ALTERNATIVES WHEN PROVIDING DIRECT PROBATION SUPERVISION SERVICES
UNDER SECTION TWO HUNDRED FORTY-THREE OF THE EXECUTIVE LAW.  Such  agen-
cies shall be required to offer voter registration forms to persons upon
initial   application  for  services,  renewal  or  recertification  for
services [and], change of address relating to such services, AND  ORIEN-
TATION  OR INITIAL INTAKE FOR THE DIVISION OF PROBATION AND CORRECTIONAL
ALTERNATIVES AND LOCAL PROBATION DEPARTMENTS. Such agencies  shall  also
be  responsible for providing assistance to [applicants] SUCH PERSONS in
completing voter registration  forms,  receiving  and  transmitting  the
completed  [application] REGISTRATION form from all [applicants] PERSONS
who wish to have such form  transmitted  to  the  appropriate  board  of
elections.  The  state board of elections shall, together with represen-
tatives of the department of defense, develop and  implement  procedures
for  including  recruitment  offices  of  the armed forces of the United
States as voter registration offices when such offices are so designated
by federal law.  The state board shall also make request of  the  United
States  Immigration  and  Naturalization Service to include applications
for registration by mail with any materials which are given to new citi-
zens.  All institutions of the state university of New York and the city
university of New York, shall, at the beginning of the school year,  and
again  in  January of a year in which the president of the United States
is to be elected,  provide  an  application  for  registration  to  each
student  in each such institution.  The state board of elections may, by
regulation, grant a waiver from any or all of the requirements  of  this
section  to any office or program of an agency, if it determines that it
is not feasible for such office or program to administer  such  require-
ment.
  2. Strict neutrality with respect to a person's party enrollment shall
be  maintained  and  all  persons  seeking  voter registration forms and
information shall be advised that government  services  are  not  condi-
tioned  on  being registered to vote. No statement shall be made nor any
action taken to discourage the [applicant] PERSON  from  registering  to
vote.
  4.  Each participating agency shall provide to each [applicant] PERSON
who does not decline to register to vote the same degree  of  assistance
with  regard  to  the completion of the VOTER registration [application]
form as is provided by the agency with regard to the completion  of  its
own form unless the [applicant] PERSON refuses such assistance.
  5.  Employees  of a voter registration agency who provide voter regis-
tration assistance shall not:
  (a) seek to influence [an applicant's] A PERSON'S political preference
or party designation;
  (b) display any political preference or party allegiance;
  (c) make any statement [to  an  applicant]  or  take  any  action  the
purpose  or  effect  of  which is to discourage [the applicant] A PERSON
from registering to vote; or
  (d) make any statement [to  an  applicant]  or  take  any  action  the
purpose  or  effect  of  which  is  to  lead [the applicant] A PERSON to
believe that a decision to register or not to register has  any  bearing
on the availability of services or benefits.

S. 5526                             3

  8.  Each  participating  agency,  department,  division or office that
makes available voter registration forms pursuant to this section  shall
offer with each application for the services or assistance of such agen-
cy,  department,  division  or  office,  OR,  IN  THE  CASE OF THE LOCAL
PROBATION  DEPARTMENTS  AND  THE  DIVISION OF PROBATION AND CORRECTIONAL
ALTERNATIVES, UPON ORIENTATION OR INITIAL INTAKE, and with  each  recer-
tification,  renewal  or change of address form relating to such service
or assistance, a VOTER  registration  form  together  with  instructions
relating  to  eligibility to register and for completing the form except
that forms used by the department of social  services  for  the  initial
application  for  services,  renewal or recertification for services and
change of address relating to such services shall physically incorporate
a voter registration [application] FORM in a fashion  that  permits  the
voter  registration portion of the agency form to be detached therefrom.
Such voter registration [application] FORM shall be designed  so  as  to
ensure  the  confidentiality of the source of the application.  Included
on each participating agency's application for services or assistance or
on a separate form shall be:
  (a) the question, "If you are not registered to vote  where  you  live
now, would you like to apply to register here today?"
  (b)  [The] THE statement, "applying to register or declining to regis-
ter to vote will not affect the amount of assistance that  you  will  be
provided by this agency."
  (c) boxes for the applicant to check to indicate whether the applicant
would like to register or decline to register to vote.
  (d)  the statement in prominent type, "IF YOU DO NOT CHECK EITHER BOX,
YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE  AT  THIS
TIME."
  (e)  the  statement,  "If you would like help in filling out the voter
registration [application] form, we will help you. The decision  whether
to  seek  or  accept help is yours.   You may fill out the [application]
VOTER REGISTRATION form in private."
  (f) the statement, "If you believe that someone  has  interfered  with
your  right  to  register  or decline to register to vote, your right to
privacy in deciding whether to register or in applying  to  register  to
vote,  or  your  right to choose your own political party or other poli-
tical preference, you may file a  complaint  with  the  state  board  of
elections (address and toll free telephone number)."
  (g)  a  toll  free  number at the state board of elections that can be
called for answers to registration questions.
  12. Completed [application] VOTER REGISTRATION forms, when received by
a participating agency not later than the twenty-fifth  day  before  the
next  ensuing  primary,  general  or special election and transmitted by
such agency to the appropriate board  of  elections  so  that  they  are
received  by  such  board  not  later than the twentieth day before such
election shall entitle the [applicant] PERSON to vote in  such  election
provided  the  board determines that the [applicant] PERSON is otherwise
qualified.
  13. The state board of elections  shall  provide  [application]  VOTER
REGISTRATION  forms  for  use  pursuant  to this section except that any
agency which uses a form other than  such  registration  form  shall  be
responsible for providing such form. Forms which vary in design [and or]
AND/OR  content  from  the form approved by the state board of elections
may only be used with the approval of such board.
  14. [Applications] VOTER REGISTRATION FORMS shall be processed by  the
board  of  elections  in  the manner prescribed by section 5-210 of this

S. 5526                             4

title or, if the [applicant] PERSON is already registered to  vote  from
another  address  in  the  county  or  city, in the manner prescribed by
section 5-208 of this title.   The  board  shall  send  the  appropriate
notice  of  approval or rejection as required by either subdivision nine
of such section 5-210 or subdivision five of such section 5-208.
  S 3.   Section 220.50 of the criminal  procedure  law  is  amended  by
adding a new subdivision 8 to read as follows:
  8.  PRIOR  TO  ACCEPTING  A  DEFENDANT'S  PLEA OF GUILTY TO A COUNT OR
COUNTS OF AN INDICTMENT OR A SUPERIOR COURT INFORMATION CHARGING A FELO-
NY OFFENSE FOR WHICH THE COURT WILL IMPOSE A SENTENCE  OF  IMPRISONMENT,
THE  COURT  MUST  ADVISE THE DEFENDANT ON THE RECORD THAT THE CONVICTION
WILL RESULT IN LOSS OF THE RIGHT TO VOTE UNTIL THE INDIVIDUAL HAS SERVED
HIS MAXIMUM SENTENCE OF IMPRISONMENT OR BEEN DISCHARGED FROM PAROLE; AND
THAT THE DEFENDANT MAY REGISTER OR RE-REGISTER TO VOTE AS SOON AS HE HAS
SERVED HIS MAXIMUM SENTENCE OF  IMPRISONMENT  OR  BEEN  DISCHARGED  FROM
PAROLE.    THE FAILURE TO ADVISE THE DEFENDANT PURSUANT TO THIS SUBDIVI-
SION SHALL NOT BE DEEMED TO AFFECT THE VOLUNTARINESS OF A PLEA OF GUILTY
OR THE VALIDITY OF A CONVICTION.
  S 4. The criminal procedure law is amended by  adding  a  new  section
380.51 to read as follows:
S 380.51 STATEMENTS REGARDING VOTING RIGHTS.
  BEFORE  IMPOSING  A  SENTENCE OF IMPRISONMENT FOR A FELONY CONVICTION,
THE COURT MUST ADVISE THE DEFENDANT ON THE RECORD  THAT  THE  CONVICTION
WILL  RESULT  IN  THE LOSS OF THE RIGHT TO VOTE UNTIL THE INDIVIDUAL HAS
SERVED HIS MAXIMUM SENTENCE OF  IMPRISONMENT  OR  BEEN  DISCHARGED  FROM
PAROLE;  AND  THAT  THE DEFENDANT MAY REGISTER OR RE-REGISTER TO VOTE AS
SOON AS HE HAS SERVED HIS  MAXIMUM  SENTENCE  OF  IMPRISONMENT  OR  BEEN
DISCHARGED FROM PAROLE.  THE FAILURE TO ADVISE THE DEFENDANT PURSUANT TO
THIS  SECTION  SHALL NOT BE DEEMED TO AFFECT THE VOLUNTARINESS OF A PLEA
OF GUILTY OR THE VALIDITY OF A CONVICTION.
  S 5. The correction law is amended by adding a new section 510 to read
as follows:
  S 510. VOTING BY QUALIFIED INMATES. 1. AT  THE  TIME  OF  THE  INITIAL
ORIENTATION OR INTAKE OF AN INMATE AT A LOCAL CORRECTIONAL FACILITY, THE
CHIEF ADMINISTRATIVE OFFICER OF SUCH LOCAL CORRECTIONAL FACILITY, OR HIS
OR  HER DESIGNEE, SHALL INFORM THE INMATE IN WRITING OF HIS OR HER RIGHT
TO APPLY TO REGISTER TO VOTE. IN ADDITION, SUCH NOTICE SHALL  BE  POSTED
IN  A PLACE CONSPICUOUS TO ALL INMATES. SUCH POSTED NOTICE SHALL INCLUDE
QUALIFICATIONS REQUIRED TO EXERCISE THE RIGHT TO VOTE,  AND  THE  AVAIL-
ABILITY  AT THE CORRECTIONAL FACILITY OF ASSISTANCE TO APPLY TO REGISTER
TO VOTE AND TO REQUEST AN  ABSENTEE  BALLOT  APPLICATION.    SUCH  CHIEF
ADMINISTRATIVE  OFFICER, OR HIS OR HER DESIGNEE, SHALL ASSIST INMATES IN
APPLYING TO REGISTER TO VOTE IN THE SAME MANNER AND TO THE  SAME  EXTENT
AS THE AGENCIES LISTED IN SECTION 5-211 OF THE ELECTION LAW.
  2.  ON  AN  ANNUAL  BASIS, THIRTY DAYS BEFORE EACH PRIMARY AND GENERAL
ELECTION, THE CHIEF ADMINISTRATIVE OFFICER,  OR  HIS  OR  HER  DESIGNEE,
SHALL  PROVIDE EACH INMATE WITH WRITTEN INFORMATION ABOUT QUALIFICATIONS
AND PROCEDURES FOR VOTING BY ABSENTEE BALLOT  AND  SHALL  MAKE  ABSENTEE
BALLOT APPLICATIONS AVAILABLE TO ALL INMATES.
  IN THE EVENT THAT AN INMATE OF A LOCAL CORRECTIONAL FACILITY IS TEMPO-
RARILY  ABSENT  FROM  SUCH FACILITY FOR THE PURPOSE OF RECEIVING MEDICAL
CARE AT A LOCAL HEALTH CARE FACILITY,  THE  INFORMATION  REQUIRED  UNDER
THIS SECTION SHALL BE MAILED TO SUCH INMATE.
  S 6. Section 75 of the correction law is REPEALED and a new section 75
is added to read as follows:

S. 5526                             5

  S 75. VOTING RIGHTS UPON COMPLETION OF SENTENCE. 1. UPON THE DISCHARGE
FROM  A  CORRECTIONAL  FACILITY OF ANY PERSON WHO HAS REACHED HIS OR HER
MAXIMUM SENTENCE OF IMPRISONMENT FOR THE CONVICTION  OF  A  FELONY,  THE
DEPARTMENT, AND, SUBJECT TO THEIR AGREEMENT, FEDERAL CORRECTIONAL INSTI-
TUTIONS  IN  NEW  YORK,  SHALL NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO
VOTE, PROVIDE SUCH PERSON WITH A FORM OF APPLICATION FOR VOTER REGISTRA-
TION TOGETHER WITH WRITTEN  INFORMATION  DISTRIBUTED  BY  THE  BOARD  OF
ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING AND SHALL ASSIST
SUCH  PERSON  IN  REGISTERING TO VOTE IN THE SAME MANNER AND TO THE SAME
EXTENT AS THE AGENCIES LISTED IN SECTION 5-211 OF THE ELECTION LAW.
  2. THE DEPARTMENT AND, SUBJECT TO THEIR AGREEMENT, FEDERAL CORRECTION-
AL INSTITUTIONS IN NEW YORK, SHALL, ON OR BEFORE THE  FIFTEENTH  DAY  OF
EACH  MONTH,  TRANSMIT TO THE STATE BOARD OF ELECTIONS A LIST CONTAINING
THE FOLLOWING INFORMATION ABOUT  PERSONS  AGE  EIGHTEEN  OR  OLDER  WHO,
DURING  THE  PRECEDING  PERIOD,  HAVE BECOME ELIGIBLE TO VOTE BECAUSE OF
THEIR DISCHARGE FROM IMPRISONMENT: (A) NAME; (B) DATE OF BIRTH; (C) LAST
KNOWN ADDRESS WITH COUNTY OF RESIDENCE; AND (D) DRIVER'S LICENSE  NUMBER
(IF KNOWN) OR LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER (IF KNOWN).
  S  7.  The  executive law is amended by adding a new section 259-jj to
read as follows:
  S 259-JJ. VOTING RIGHTS UPON DISCHARGE. 1. UPON DISCHARGE OF A  PERSON
FROM  PRESUMPTIVE  RELEASE,  PAROLE, OR CONDITIONAL RELEASE, OR UPON THE
EXPIRATION OF A PERSON'S MAXIMUM SENTENCE OF  IMPRISONMENT  WHILE  UNDER
THE  SUPERVISION OF THE DIVISION OF PAROLE, THE DIVISION OF PAROLE SHALL
NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO VOTE, PROVIDE SUCH PERSON WITH
A FORM OF APPLICATION  FOR  VOTER  REGISTRATION  TOGETHER  WITH  WRITTEN
INFORMATION  DISTRIBUTED BY THE BOARD OF ELECTIONS ON THE IMPORTANCE AND
THE MECHANICS OF VOTING AND SHALL ASSIST SUCH PERSON IN  REGISTERING  TO
VOTE IN THE SAME MANNER AND TO THE SAME EXTENT AS THE AGENCIES LISTED IN
SECTION 5-211 OF THE ELECTION LAW.
  2.  THE  DIVISION  OF  PAROLE SHALL, ON OR BEFORE THE FIFTEENTH DAY OF
EACH MONTH, TRANSMIT TO THE STATE BOARD OF ELECTIONS A  LIST  CONTAINING
THE  FOLLOWING  INFORMATION  ABOUT  PERSONS  AGE  EIGHTEEN OR OLDER WHO,
DURING THE PRECEDING PERIOD, HAVE BECOME ELIGIBLE  TO  VOTE  BECAUSE  OF
THEIR DISCHARGE FROM PRESUMPTIVE RELEASE, PAROLE OR CONDITIONAL RELEASE,
OR  UPON  THE EXPIRATION OF THEIR MAXIMUM SENTENCE OF IMPRISONMENT WHILE
UNDER THE SUPERVISION OF THE DIVISION OF PAROLE: (A) NAME; (B)  DATE  OF
BIRTH; (C) LAST KNOWN ADDRESS WITH COUNTY OF RESIDENCE; AND (D) DRIVER'S
LICENSE  NUMBER (IF KNOWN) OR LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER
(IF KNOWN).
  S 8. Section 5-614 of the election law is amended by adding three  new
subdivisions 6-a, 6-b and 6-c to read as follows:
  6-A.  ONCE  EVERY  MONTH,  AND  WITHIN FIVE DAYS OF RECEIPT, THE STATE
BOARD OF  ELECTIONS  SHALL  OBTAIN  AND  TRANSMIT  TO  LOCAL  BOARDS  OF
ELECTIONS  THE  INFORMATION  PROVIDED  BY THE DEPARTMENT OF CORRECTIONAL
SERVICES PURSUANT TO SUBDIVISION TWO  OF  SECTION  SEVENTY-FIVE  OF  THE
CORRECTION  LAW,  AND  BY THE DIVISION OF PAROLE PURSUANT TO SUBDIVISION
TWO OF SECTION TWO HUNDRED FIFTY-NINE-JJ OF THE EXECUTIVE LAW.
  6-B. EACH LOCAL BOARD OF ELECTIONS SHALL USE  SUCH  LIST,  WITHIN  TEN
DAYS  AFTER  RECEIPT,  TO ENSURE THAT THERE ARE NO REMAINING BARRIERS TO
REGISTRATION, INCLUDING THE USE OF ELECTRONIC CODES OR  OTHER  FORMS  OF
ELIGIBILITY  DEMARCATION,  RESULTING FROM PAST CONVICTIONS OF THE PEOPLE
SO LISTED.
  6-C.  ANY VOTER REGISTRATION APPLICATION THAT WAS REJECTED  AFTER  THE
EFFECTIVE  DATE  OF  THIS  SUBDIVISION  AND  PRIOR  TO THE LOCAL BOARD'S
RECEIPT AND PROCESSING OF  THE  INFORMATION  DESCRIBED  IN  SUBDIVISIONS

S. 5526                             6

SIX-A AND SIX-B OF THIS SECTION SHALL BE REVIEWED UPON RECEIPT AND PROC-
ESSING  OF SUCH INFORMATION. ANY APPLICANT THAT IS FOUND TO BE ELIGIBLE,
SHALL BE APPROVED AND THE VOTER SHALL BE REGISTERED AND SO NOTIFIED.
  S  9.  The  election law is amended by adding a new section 3-102-a to
read as follows:
  S 3-102-A. STATE BOARD OF ELECTIONS; DUTIES UNDER  THE  VOTING  RIGHTS
NOTIFICATION  AND  REGISTRATION  ACT.    1. THE STATE BOARD OF ELECTIONS
SHALL DEVELOP AND IMPLEMENT A  PROGRAM  TO  EDUCATE  ATTORNEYS;  JUDGES;
EMPLOYEES  OF  THE STATE AND LOCAL BOARDS OF ELECTIONS; EMPLOYEES OF THE
DEPARTMENT OF CORRECTIONAL SERVICES, THE DIVISION OF PAROLE, THE DEPART-
MENT OF PROBATION AND CORRECTIONAL  ALTERNATIVES,  AND  LOCAL  PROBATION
DEPARTMENTS  AND  MEMBERS  OF  THE  PUBLIC ABOUT THE REQUIREMENTS OF THE
VOTING RIGHTS NOTIFICATION AND REGISTRATION ACT, ENSURING THAT:
  (A) JUDGES ARE INFORMED OF THEIR OBLIGATION TO NOTIFY CRIMINAL DEFEND-
ANTS OF THE POTENTIAL LOSS AND RESTORATION OF THEIR  VOTING  RIGHTS,  IN
ACCORDANCE  WITH  SUBDIVISION EIGHT OF SECTION 220.50 AND SECTION 380.51
OF THE CRIMINAL PROCEDURE LAW;
  (B) THE DEPARTMENT OF CORRECTIONAL  SERVICES  AND,  SUBJECT  TO  THEIR
AGREEMENT,  FEDERAL  CORRECTIONAL INSTITUTIONS IN NEW YORK, ARE PREPARED
TO ASSIST PEOPLE TO REGISTER TO VOTE IN ANTICIPATION OF THEIR  DISCHARGE
FROM  IMPRISONMENT, INCLUDING BY FORWARDING THEIR COMPLETED VOTER REGIS-
TRATION FORMS TO THE LOCAL ELECTION BOARDS;
  (C) THE DEPARTMENT OF CORRECTIONAL  SERVICES  AND,  SUBJECT  TO  THEIR
AGREEMENT,  FEDERAL CORRECTIONAL INSTITUTIONS IN NEW YORK, AND THE DIVI-
SION OF PAROLE, ARE PREPARED TO TRANSMIT TO THE STATE BOARD OF ELECTIONS
THE INFORMATION SPECIFIED IN SUBDIVISION TWO OF SECTION SEVENTY-FIVE  OF
THE   CORRECTION   LAW  AND  SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
FIFTY-NINE-JJ OF THE EXECUTIVE LAW;
  (D) LOCAL CORRECTIONAL FACILITIES ARE PREPARED  TO  ASSIST  PEOPLE  TO
REGISTER TO VOTE;
  (E)  PROBATION  AND PAROLE OFFICERS ARE INFORMED OF THE CHANGES IN THE
LAW AND ARE PREPARED TO NOTIFY PROBATIONERS AND PAROLEES OF THEIR VOTING
RIGHTS;
  (F) THE LANGUAGE ON VOTER REGISTRATION FORMS MAKES CLEAR  THAT  PEOPLE
ARE  DISQUALIFIED  FROM VOTING ONLY WHILE THEY ARE SERVING A SENTENCE OF
IMPRISONMENT OR ARE ON PAROLE FOR A  FELONY  CONVICTION  AND  THAT  THEY
AUTOMATICALLY  REGAIN  THE RIGHT TO REGISTER OR RE-REGISTER TO VOTE UPON
COMPLETION OF THEIR MAXIMUM SENTENCE OF IMPRISONMENT OR  DISCHARGE  FROM
PAROLE;
  (G) ALL LOCAL BOARDS OF ELECTIONS ARE PREPARED TO RESTORE NAMES TO THE
COMPUTERIZED  STATEWIDE  VOTER  REGISTRATION  LIST  IN  ACCORDANCE  WITH
SECTION 5-614 OF THE ELECTION LAW; AND
  (H) ACCURATE AND COMPLETE  INFORMATION  ABOUT  THE  VOTING  RIGHTS  OF
PEOPLE  WHO HAVE BEEN CHARGED WITH OR CONVICTED OF CRIMES IS MADE AVAIL-
ABLE THROUGH A  SINGLE  PUBLICATION  TO  GOVERNMENT  OFFICIALS  AND  THE
PUBLIC.
  2.  THE  STATE  BOARD OF ELECTIONS SHALL AMEND OR PROMULGATE PERTINENT
RULES AND REGULATIONS AS NECESSARY TO IMPLEMENT THIS SECTION.
  S 10. This act shall take effect on the ninetieth day after  it  shall
have become a law.

2013-S5526A (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-211 & 5-614, add §3-102-a, El L; amd §220.50, add §380.51, CP L; add §510, rpld & add §75, Cor L; add §259-jj, Exec L

2013-S5526A (ACTIVE) - Summary

Creates the voting rights notification and registration act.

2013-S5526A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5526A

TITLE OF BILL:  An act to amend the election law, the criminal
procedure law, the correction law and the executive law, in relation
to enacting the "voting rights notification and registration act"; and
repealing certain provisions of the correction law relating thereto

PURPOSE OF BILL:

This bill enacts the "Voting Rights Notification and Registration Act"
to remove illegal barriers that prevent convicted felons from
registering to vote when they have served their sentence of
incarceration and are eligible to do so and to provide such
individuals the information needed to register.

SUMMARY OF SPECIFIC PROVISIONS:

SECTION 1 of the bill contains the short title.

SECTION 2 of the bill amends the opening paragraph and subdivisions 2,
4, 5, 8, 12, 13 and 14 of section 5-211 of the election law to add
local probation departments and the division of probation and
correctional alternatives (when providing direct probation supervision
services) to the list of local and state agencies that must offer
voter registration forms and assistance with such forms 70 their
clients.

SECTION 3 of the bill amends section 220.50 of criminal procedure law
to require that a court, prior to accepting a plea of guilty to a
felony. for which it will impose a period of imprisonment, advise the
defendant on the record that a conviction will result in the loss of
the right to vote until the defendant has served the maximum sentence
of imprisonment or been discharged from parole.

SECTION 4 of the bill amends section 380.51 of the criminal procedure
law to require that a court, prior to imposing a sentence of
imprisonment for a felony conviction, advise the defendant on the
record that a conviction will result in the loss of the right to vote
until the defendant has served the maximum sentence of imprisonment or
been discharged from parole.

SECTION 5 of the bill amends section 510 of the correction law to
require that, upon intake or orientation, a local correctional
facility must inform an inmate in writing of his or her right to
register to vote. The facility must also post a prominent notice
informing all inmates of such right and that there is assistance
available to do so. A local correctional faculty would be required to
provide the same assistance regarding voting rights as do many other
local and state entities local correctional facility shall also
provide each inmate, at least 30 days before any primary or general
election, with written instructions about absentee voting and shall
make absentee ballot applications available to all inmates, including
chose temporarily absent from such facility.

SECTION 6 of the bill adds section 75 to the correction law to require
the department of correctional services and, subject to their
agreement, federal correctional institutions in New York, to inform an


inmate, who has reached his or her maximum sentence of imprisonment
for a felony conviction, of his or her right to vote upon discharge.
The department shall also provide such inmate with a voter
registration form, instructions from the board of elections and
assistance in registering to vote similar to that provided by many
local and state entities. The department and, subject to their
agreement, federal correctional institutions in New York, are also
required, on or before the fifteenth of each month, to transmit to the
state board of elections a list of persons who have become eligible to
vote because of their discharge from incarceration with their relevant
information.

SECTION 7 of the bill adds section 259-jj to the executive law to
require the division of parole to inform an inmate, who has been
discharged from presumptive release, parole or conditional release, or
who has reached his or her maximum sentence of imprisonment while
under the supervision of the division of parole, of his or her right
to vote upon discharge. The division, shall also provide such inmate
with a voter registration form, instructions from the board of
elections and assistance in registering to vote similar to chat
provided by many local and state entities. The division is also
required, on or before the fifteenth of each month, to transmit to the
state board of elections a list of persons who have become eligible to
vote because of their discharge from presumptive release, parole or
conditional release, or the expiration of their maximum sentence of
imprisonment while under the supervision of the division of parole
with their relevant information.

SECTION 8 of the bill amends section 5-614 of the election law to
require the state board of elections to transmit information from the
department of corrections and the division of parole, regarding those
persons who are eligible to vote, to the local boards of elections at
least once a month and within 3 days of receipt of such information.
Local boards shall, within 10 days of receipt of such information, use
it to remove any remaining barriers to registration, including
electronic codes or other indications of non-eligible status. Local
boards shall also review any registration forms that were rejected
after the effective date of this act and before the receipt of the
information provided by the department of corrections or division of
parole to ensure that all persons eligible no vote have been
registered and notified of such registration.

SECTION 9 of the bill adds section 3-102-a to the election law to
require the state board of elections to cake several steps to ensure
that attorneys, judges, election officials, corrections officials,
including parole ant probation officers, and members of the public are
aware of the requirements of this act.

SECTION 10 of the bill contains the effective date.

JUSTIFICATION:

Current law restores an inmate's ability to vote once they have served
their prison term and are discharged from parole. New Yorkers who are
serving probation are not restricted at all in their ability to cast a
ballot.


Surveys show that formerly incarcerated individuals and individuals
who are serving probationary sentences do not understand these rules,
and are afraid to exercise to participate in their democracy. Further
complicating the problem, surveys by the Brennan Center have shown
that nearly half of the county election boards don't understand the
rules regarding voter eligibility in these areas. Advocates for full
enfranchisement have worked with these county boards, conducting
trainings, providing materials and other information to try to protect
the rights of formerly incarcerated individuals and those serving
probationary sentences. These efforts have not solved the problem.

This bill is necessary in order to ensure that all eligible voters in
New York State are informed of the proper status of their
constitutionally protected right to vote. This bill creates a
mechanism whereby the misinformation surrounding the voting rights of
convicted felons will be addressed. The franchise is the most
cherished of American rights. Our commitment to former inmates that
they can and should vote is an important signal to them that we expect
them to be fully reintegrated into society.

LEGISLATIVE HISTORY:

2009: S.1266- Died in the Senate
2006: S.8489- Died in Committee
2005: S.2017- Died in Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Ninety days after it shall have become law.

2013-S5526A (ACTIVE) - Bill Text download pdf

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

                                 5526--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections  --  recommitted
  to the Committee on Elections in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the  election  law,  the  criminal  procedure  law,  the
  correction  law  and  the  executive  law, in relation to enacting the
  "voting rights  notification  and  registration  act";  and  repealing
  certain provisions of the correction law relating thereto

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

  Section 1. Short title.  This act shall be known and may be  cited  as
the "voting rights notification and registration act".
  S  2. The opening paragraph and subdivisions 2, 4, 5, 8, 12, 13 and 14
of section 5-211 of the election law, the opening paragraph  as  amended
by  chapter 265 of the laws of 2013, subdivisions 2 and 8 as amended and
subdivisions 4, 5, 12 and 13 as added by chapter 659 of the laws of 1994
and subdivision 14 as amended by chapter 200 of the laws  of  1996,  are
amended to read as follows:
  Each  agency designated as a participating agency under the provisions
of this section shall implement and administer a program of distribution
of voter registration forms pursuant to the provisions of this  section.
The  following  offices  which  provide public assistance and/or provide
state funded programs primarily engaged in providing services to persons
with disabilities are hereby designated as voter registration  agencies:
designated as the state agencies which provide public assistance are the
office  of  children  and  family  services, the office of temporary and
disability assistance and the department of health. Also  designated  as
public  assistance  agencies  are  all agencies of local government that
provide such assistance AND LOCAL PROBATION DEPARTMENTS.  Designated  as
state  agencies  that  provide  programs  primarily engaged in providing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11125-02-4

S. 5526--A                          2

services to people with disabilities are the department of labor, office
for the aging, division of veterans' affairs, office of  mental  health,
office of vocational and educational services for individuals with disa-
bilities,  commission  on  quality  of  care  for the mentally disabled,
office [of mental retardation and] FOR PEOPLE WITH  developmental  disa-
bilities,  commission  for the blind, office of alcoholism and substance
abuse services, the office of the advocate  for  the  disabled  and  all
offices  which  administer  programs established or funded by such agen-
cies. Additional state agencies designated as voter registration offices
are the department of state [and], the [division  of]  workers'  compen-
sation  BOARD,  THE  DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES
WHEN PROVIDING DIRECT PROBATION SUPERVISION SERVICES UNDER  SECTION  TWO
HUNDRED  FORTY-THREE  OF  THE  EXECUTIVE  LAW.  Such  agencies  shall be
required to offer voter  registration  forms  to  persons  upon  initial
application for services, renewal or recertification for services [and],
change  of address relating to such services, AND ORIENTATION OR INITIAL
INTAKE FOR THE DIVISION OF PROBATION AND CORRECTIONAL  ALTERNATIVES  AND
LOCAL PROBATION DEPARTMENTS. Such agencies shall also be responsible for
providing  assistance  to  [applicants] SUCH PERSONS in completing voter
registration forms, receiving and transmitting the  completed  [applica-
tion]  REGISTRATION  form from all [applicants] PERSONS who wish to have
such form transmitted to the appropriate board of elections.  The  state
board  of  elections shall, together with representatives of the depart-
ment of defense, develop and implement procedures for including recruit-
ment offices of the armed forces of the United States as voter registra-
tion offices when such offices are so designated  by  federal  law.  The
state board shall also make request of the United States Immigration and
Naturalization  Service to include applications for registration by mail
with any materials which are given to new citizens. All institutions  of
the  state  university  of New York and the city university of New York,
shall, at the beginning of the school year, and again in  January  of  a
year  in  which  the  president  of  the United States is to be elected,
provide an application for registration to each  student  in  each  such
institution.  The  state  board of elections may, by regulation, grant a
waiver from any or all of the requirements of this section to any office
or program of an agency, if it determines that it is  not  feasible  for
such office or program to administer such requirement.
  2. Strict neutrality with respect to a person's party enrollment shall
be  maintained  and  all  persons  seeking  voter registration forms and
information shall be advised that government  services  are  not  condi-
tioned  on  being registered to vote. No statement shall be made nor any
action taken to discourage the [applicant] PERSON  from  registering  to
vote.
  4.  Each participating agency shall provide to each [applicant] PERSON
who does not decline to register to vote the same degree  of  assistance
with  regard  to  the completion of the VOTER registration [application]
form as is provided by the agency with regard to the completion  of  its
own form unless the [applicant] PERSON refuses such assistance.
  5.  Employees  of a voter registration agency who provide voter regis-
tration assistance shall not:
  (a) seek to influence [an applicant's] A PERSON'S political preference
or party designation;
  (b) display any political preference or party allegiance;
  (c) make any statement [to  an  applicant]  or  take  any  action  the
purpose  or  effect  of  which is to discourage [the applicant] A PERSON
from registering to vote; or

S. 5526--A                          3

  (d) make any statement [to  an  applicant]  or  take  any  action  the
purpose  or  effect  of  which  is  to  lead [the applicant] A PERSON to
believe that a decision to register or not to register has  any  bearing
on the availability of services or benefits.
  8.  Each  participating  agency,  department,  division or office that
makes available voter registration forms pursuant to this section  shall
offer with each application for the services or assistance of such agen-
cy,  department,  division  or  office,  OR,  IN  THE  CASE OF THE LOCAL
PROBATION DEPARTMENTS AND THE DIVISION  OF  PROBATION  AND  CORRECTIONAL
ALTERNATIVES,  UPON  ORIENTATION OR INITIAL INTAKE, and with each recer-
tification, renewal or change of address form relating to  such  service
or  assistance,  a  VOTER  registration  form together with instructions
relating to eligibility to register and for completing the  form  except
that forms used by the department of [social services] FAMILY ASSISTANCE
for the initial application for services, renewal or recertification for
services  and  change  of  address relating to such services shall phys-
ically incorporate a voter registration [application] FORM in a  fashion
that  permits  the  voter  registration portion of the agency form to be
detached therefrom. Such voter registration [application] FORM shall  be
designed so as to ensure the confidentiality of the source of the appli-
cation.    Included  on  each  participating  agency's  application  for
services or assistance or on a separate form shall be:
  (a) the question, "If you are not registered to vote  where  you  live
now, would you like to apply to register here today?"
  (b)  [The] THE statement, "applying to register or declining to regis-
ter to vote will not affect the amount of assistance that  you  will  be
provided by this agency."
  (c) boxes for the applicant to check to indicate whether the applicant
would like to register or decline to register to vote.
  (d)  the statement in prominent type, "IF YOU DO NOT CHECK EITHER BOX,
YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE  AT  THIS
TIME."
  (e)  the  statement,  "If you would like help in filling out the voter
registration [application] form, we will help you. The decision  whether
to  seek  or  accept help is yours.   You may fill out the [application]
VOTER REGISTRATION form in private."
  (f) the statement, "If you believe that someone  has  interfered  with
your  right  to  register  or decline to register to vote, your right to
privacy in deciding whether to register or in applying  to  register  to
vote,  or  your  right to choose your own political party or other poli-
tical preference, you may file a  complaint  with  the  state  board  of
elections (address and toll free telephone number)."
  (g)  a  toll  free  number at the state board of elections that can be
called for answers to registration questions.
  12. Completed [application] VOTER REGISTRATION forms, when received by
a participating agency not later than the twenty-fifth  day  before  the
next  ensuing  primary,  general  or special election and transmitted by
such agency to the appropriate board  of  elections  so  that  they  are
received  by  such  board  not  later than the twentieth day before such
election shall entitle the [applicant] PERSON to vote in  such  election
provided  the  board determines that the [applicant] PERSON is otherwise
qualified.
  13. The state board of elections  shall  provide  [application]  VOTER
REGISTRATION  forms  for  use  pursuant  to this section except that any
agency which uses a form other than  such  registration  form  shall  be
responsible for providing such form. Forms which vary in design [and or]

S. 5526--A                          4

AND/OR  content  from  the form approved by the state board of elections
may only be used with the approval of such board.
  14.  [Applications] VOTER REGISTRATION FORMS shall be processed by the
board of elections in the manner prescribed by  section  5-210  of  this
title  or,  if the [applicant] PERSON is already registered to vote from
another address in the county or  city,  in  the  manner  prescribed  by
section  5-208  of  this  title.    The board shall send the appropriate
notice of approval or rejection as required by either  subdivision  nine
of such section 5-210 or subdivision five of such section 5-208.
  S  3.    Section  220.50  of  the criminal procedure law is amended by
adding a new subdivision 8 to read as follows:
  8. PRIOR TO ACCEPTING A DEFENDANT'S PLEA  OF  GUILTY  TO  A  COUNT  OR
COUNTS OF AN INDICTMENT OR A SUPERIOR COURT INFORMATION CHARGING A FELO-
NY  OFFENSE  FOR WHICH THE COURT WILL IMPOSE A SENTENCE OF IMPRISONMENT,
THE COURT MUST ADVISE THE DEFENDANT ON THE RECORD  THAT  THE  CONVICTION
WILL RESULT IN LOSS OF THE RIGHT TO VOTE UNTIL THE INDIVIDUAL HAS SERVED
HIS MAXIMUM SENTENCE OF IMPRISONMENT OR BEEN DISCHARGED FROM PAROLE; AND
THAT THE DEFENDANT MAY REGISTER OR RE-REGISTER TO VOTE AS SOON AS HE HAS
SERVED  HIS  MAXIMUM  SENTENCE  OF  IMPRISONMENT OR BEEN DISCHARGED FROM
PAROLE.  THE FAILURE TO ADVISE THE DEFENDANT PURSUANT TO  THIS  SUBDIVI-
SION SHALL NOT BE DEEMED TO AFFECT THE VOLUNTARINESS OF A PLEA OF GUILTY
OR THE VALIDITY OF A CONVICTION.
  S  4.  The  criminal  procedure law is amended by adding a new section
380.51 to read as follows:
S 380.51 STATEMENTS REGARDING VOTING RIGHTS.
  BEFORE IMPOSING A SENTENCE OF IMPRISONMENT FOR  A  FELONY  CONVICTION,
THE  COURT  MUST  ADVISE THE DEFENDANT ON THE RECORD THAT THE CONVICTION
WILL RESULT IN THE LOSS OF THE RIGHT TO VOTE UNTIL  THE  INDIVIDUAL  HAS
SERVED  HIS  MAXIMUM  SENTENCE  OF  IMPRISONMENT OR BEEN DISCHARGED FROM
PAROLE; AND THAT THE DEFENDANT MAY REGISTER OR RE-REGISTER  TO  VOTE  AS
SOON  AS  HE  HAS  SERVED  HIS  MAXIMUM SENTENCE OF IMPRISONMENT OR BEEN
DISCHARGED FROM PAROLE.  THE FAILURE TO ADVISE THE DEFENDANT PURSUANT TO
THIS SECTION SHALL NOT BE DEEMED TO AFFECT THE VOLUNTARINESS OF  A  PLEA
OF GUILTY OR THE VALIDITY OF A CONVICTION.
  S 5. The correction law is amended by adding a new section 510 to read
as follows:
  S  510.  VOTING  BY  QUALIFIED  INMATES. 1. AT THE TIME OF THE INITIAL
ORIENTATION OR INTAKE OF AN INMATE AT A LOCAL CORRECTIONAL FACILITY, THE
CHIEF ADMINISTRATIVE OFFICER OF SUCH LOCAL CORRECTIONAL FACILITY, OR HIS
OR HER DESIGNEE, SHALL INFORM THE INMATE IN WRITING OF HIS OR HER  RIGHT
TO  APPLY  TO REGISTER TO VOTE. IN ADDITION, SUCH NOTICE SHALL BE POSTED
IN A PLACE CONSPICUOUS TO ALL INMATES. SUCH POSTED NOTICE SHALL  INCLUDE
QUALIFICATIONS  REQUIRED  TO  EXERCISE THE RIGHT TO VOTE, AND THE AVAIL-
ABILITY AT THE CORRECTIONAL FACILITY OF ASSISTANCE TO APPLY TO  REGISTER
TO  VOTE  AND  TO  REQUEST  AN ABSENTEE BALLOT APPLICATION.   SUCH CHIEF
ADMINISTRATIVE OFFICER, OR HIS OR HER DESIGNEE, SHALL ASSIST INMATES  IN
APPLYING  TO  REGISTER TO VOTE IN THE SAME MANNER AND TO THE SAME EXTENT
AS THE AGENCIES LISTED IN SECTION 5-211 OF THE ELECTION LAW.
  2. ON AN ANNUAL BASIS, THIRTY DAYS BEFORE  EACH  PRIMARY  AND  GENERAL
ELECTION,  THE  CHIEF  ADMINISTRATIVE  OFFICER,  OR HIS OR HER DESIGNEE,
SHALL PROVIDE EACH INMATE WITH WRITTEN INFORMATION ABOUT  QUALIFICATIONS
AND  PROCEDURES  FOR  VOTING  BY ABSENTEE BALLOT AND SHALL MAKE ABSENTEE
BALLOT APPLICATIONS AVAILABLE TO ALL INMATES.
  IN THE EVENT THAT AN INMATE OF A LOCAL CORRECTIONAL FACILITY IS TEMPO-
RARILY ABSENT FROM SUCH FACILITY FOR THE PURPOSE  OF  RECEIVING  MEDICAL

S. 5526--A                          5

CARE  AT  A  LOCAL  HEALTH CARE FACILITY, THE INFORMATION REQUIRED UNDER
THIS SECTION SHALL BE MAILED TO SUCH INMATE.
  S 6. Section 75 of the correction law is REPEALED and a new section 75
is added to read as follows:
  S 75. VOTING RIGHTS UPON COMPLETION OF SENTENCE. 1. UPON THE DISCHARGE
FROM  A  CORRECTIONAL  FACILITY OF ANY PERSON WHO HAS REACHED HIS OR HER
MAXIMUM SENTENCE OF IMPRISONMENT FOR THE CONVICTION  OF  A  FELONY,  THE
DEPARTMENT, AND, SUBJECT TO THEIR AGREEMENT, FEDERAL CORRECTIONAL INSTI-
TUTIONS  IN  NEW  YORK,  SHALL NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO
VOTE, PROVIDE SUCH PERSON WITH A FORM OF APPLICATION FOR VOTER REGISTRA-
TION TOGETHER WITH WRITTEN  INFORMATION  DISTRIBUTED  BY  THE  BOARD  OF
ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING AND SHALL ASSIST
SUCH  PERSON  IN  REGISTERING TO VOTE IN THE SAME MANNER AND TO THE SAME
EXTENT AS THE AGENCIES LISTED IN SECTION 5-211 OF THE ELECTION LAW.
  2. THE DEPARTMENT AND, SUBJECT TO THEIR AGREEMENT, FEDERAL CORRECTION-
AL INSTITUTIONS IN NEW YORK, SHALL, ON OR BEFORE THE  FIFTEENTH  DAY  OF
EACH  MONTH,  TRANSMIT TO THE STATE BOARD OF ELECTIONS A LIST CONTAINING
THE FOLLOWING INFORMATION ABOUT  PERSONS  AGE  EIGHTEEN  OR  OLDER  WHO,
DURING  THE  PRECEDING  PERIOD,  HAVE BECOME ELIGIBLE TO VOTE BECAUSE OF
THEIR DISCHARGE FROM IMPRISONMENT: (A) NAME; (B) DATE OF BIRTH; (C) LAST
KNOWN ADDRESS WITH COUNTY OF RESIDENCE; AND (D) DRIVER'S LICENSE  NUMBER
(IF KNOWN) OR LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER (IF KNOWN).
  S  7.  The  executive law is amended by adding a new section 259-jj to
read as follows:
  S 259-JJ. VOTING RIGHTS UPON DISCHARGE. 1. UPON DISCHARGE OF A  PERSON
FROM  PRESUMPTIVE  RELEASE,  PAROLE, OR CONDITIONAL RELEASE, OR UPON THE
EXPIRATION OF A PERSON'S MAXIMUM SENTENCE OF  IMPRISONMENT  WHILE  UNDER
THE  SUPERVISION OF THE DIVISION OF PAROLE, THE DIVISION OF PAROLE SHALL
NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO VOTE, PROVIDE SUCH PERSON WITH
A FORM OF APPLICATION  FOR  VOTER  REGISTRATION  TOGETHER  WITH  WRITTEN
INFORMATION  DISTRIBUTED BY THE BOARD OF ELECTIONS ON THE IMPORTANCE AND
THE MECHANICS OF VOTING AND SHALL ASSIST SUCH PERSON IN  REGISTERING  TO
VOTE IN THE SAME MANNER AND TO THE SAME EXTENT AS THE AGENCIES LISTED IN
SECTION 5-211 OF THE ELECTION LAW.
  2.  THE  DIVISION  OF  PAROLE SHALL, ON OR BEFORE THE FIFTEENTH DAY OF
EACH MONTH, TRANSMIT TO THE STATE BOARD OF ELECTIONS A  LIST  CONTAINING
THE  FOLLOWING  INFORMATION  ABOUT  PERSONS  AGE  EIGHTEEN OR OLDER WHO,
DURING THE PRECEDING PERIOD, HAVE BECOME ELIGIBLE  TO  VOTE  BECAUSE  OF
THEIR DISCHARGE FROM PRESUMPTIVE RELEASE, PAROLE OR CONDITIONAL RELEASE,
OR  UPON  THE EXPIRATION OF THEIR MAXIMUM SENTENCE OF IMPRISONMENT WHILE
UNDER THE SUPERVISION OF THE DIVISION OF PAROLE: (A) NAME; (B)  DATE  OF
BIRTH; (C) LAST KNOWN ADDRESS WITH COUNTY OF RESIDENCE; AND (D) DRIVER'S
LICENSE  NUMBER (IF KNOWN) OR LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER
(IF KNOWN).
  S 8. Section 5-614 of the election law is amended by adding three  new
subdivisions 6-a, 6-b and 6-c to read as follows:
  6-A.  ONCE  EVERY  MONTH,  AND  WITHIN FIVE DAYS OF RECEIPT, THE STATE
BOARD OF  ELECTIONS  SHALL  OBTAIN  AND  TRANSMIT  TO  LOCAL  BOARDS  OF
ELECTIONS  THE  INFORMATION  PROVIDED  BY THE DEPARTMENT OF CORRECTIONAL
SERVICES PURSUANT TO SUBDIVISION TWO  OF  SECTION  SEVENTY-FIVE  OF  THE
CORRECTION  LAW,  AND  BY THE DIVISION OF PAROLE PURSUANT TO SUBDIVISION
TWO OF SECTION TWO HUNDRED FIFTY-NINE-JJ OF THE EXECUTIVE LAW.
  6-B. EACH LOCAL BOARD OF ELECTIONS SHALL USE  SUCH  LIST,  WITHIN  TEN
DAYS  AFTER  RECEIPT,  TO ENSURE THAT THERE ARE NO REMAINING BARRIERS TO
REGISTRATION, INCLUDING THE USE OF ELECTRONIC CODES OR  OTHER  FORMS  OF

S. 5526--A                          6

ELIGIBILITY  DEMARCATION,  RESULTING FROM PAST CONVICTIONS OF THE PEOPLE
SO LISTED.
  6-C.    ANY VOTER REGISTRATION APPLICATION THAT WAS REJECTED AFTER THE
EFFECTIVE DATE OF THIS  SUBDIVISION  AND  PRIOR  TO  THE  LOCAL  BOARD'S
RECEIPT  AND  PROCESSING  OF  THE  INFORMATION DESCRIBED IN SUBDIVISIONS
SIX-A AND SIX-B OF THIS SECTION SHALL BE REVIEWED UPON RECEIPT AND PROC-
ESSING OF SUCH INFORMATION. ANY APPLICANT THAT IS FOUND TO BE  ELIGIBLE,
SHALL BE APPROVED AND THE VOTER SHALL BE REGISTERED AND SO NOTIFIED.
  S  9.  The  election law is amended by adding a new section 3-102-a to
read as follows:
  S 3-102-A. STATE BOARD OF ELECTIONS; DUTIES UNDER  THE  VOTING  RIGHTS
NOTIFICATION  AND  REGISTRATION  ACT.    1. THE STATE BOARD OF ELECTIONS
SHALL DEVELOP AND IMPLEMENT A  PROGRAM  TO  EDUCATE  ATTORNEYS;  JUDGES;
EMPLOYEES  OF  THE STATE AND LOCAL BOARDS OF ELECTIONS; EMPLOYEES OF THE
DEPARTMENT OF CORRECTIONAL SERVICES, THE DIVISION OF PAROLE, THE DEPART-
MENT OF PROBATION AND CORRECTIONAL  ALTERNATIVES,  AND  LOCAL  PROBATION
DEPARTMENTS  AND  MEMBERS  OF  THE  PUBLIC ABOUT THE REQUIREMENTS OF THE
VOTING RIGHTS NOTIFICATION AND REGISTRATION ACT, ENSURING THAT:
  (A) JUDGES ARE INFORMED OF THEIR OBLIGATION TO NOTIFY CRIMINAL DEFEND-
ANTS OF THE POTENTIAL LOSS AND RESTORATION OF THEIR  VOTING  RIGHTS,  IN
ACCORDANCE  WITH  SUBDIVISION EIGHT OF SECTION 220.50 AND SECTION 380.51
OF THE CRIMINAL PROCEDURE LAW;
  (B) THE DEPARTMENT OF CORRECTIONAL  SERVICES  AND,  SUBJECT  TO  THEIR
AGREEMENT,  FEDERAL  CORRECTIONAL INSTITUTIONS IN NEW YORK, ARE PREPARED
TO ASSIST PEOPLE TO REGISTER TO VOTE IN ANTICIPATION OF THEIR  DISCHARGE
FROM  IMPRISONMENT, INCLUDING BY FORWARDING THEIR COMPLETED VOTER REGIS-
TRATION FORMS TO THE LOCAL ELECTION BOARDS;
  (C) THE DEPARTMENT OF CORRECTIONAL  SERVICES  AND,  SUBJECT  TO  THEIR
AGREEMENT,  FEDERAL CORRECTIONAL INSTITUTIONS IN NEW YORK, AND THE DIVI-
SION OF PAROLE, ARE PREPARED TO TRANSMIT TO THE STATE BOARD OF ELECTIONS
THE INFORMATION SPECIFIED IN SUBDIVISION TWO OF SECTION SEVENTY-FIVE  OF
THE   CORRECTION   LAW  AND  SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
FIFTY-NINE-JJ OF THE EXECUTIVE LAW;
  (D) LOCAL CORRECTIONAL FACILITIES ARE PREPARED  TO  ASSIST  PEOPLE  TO
REGISTER TO VOTE;
  (E)  PROBATION  AND PAROLE OFFICERS ARE INFORMED OF THE CHANGES IN THE
LAW AND ARE PREPARED TO NOTIFY PROBATIONERS AND PAROLEES OF THEIR VOTING
RIGHTS;
  (F) THE LANGUAGE ON VOTER REGISTRATION FORMS MAKES CLEAR  THAT  PEOPLE
ARE  DISQUALIFIED  FROM VOTING ONLY WHILE THEY ARE SERVING A SENTENCE OF
IMPRISONMENT OR ARE ON PAROLE FOR A  FELONY  CONVICTION  AND  THAT  THEY
AUTOMATICALLY  REGAIN  THE RIGHT TO REGISTER OR RE-REGISTER TO VOTE UPON
COMPLETION OF THEIR MAXIMUM SENTENCE OF IMPRISONMENT OR  DISCHARGE  FROM
PAROLE;
  (G) ALL LOCAL BOARDS OF ELECTIONS ARE PREPARED TO RESTORE NAMES TO THE
COMPUTERIZED  STATEWIDE  VOTER  REGISTRATION  LIST  IN  ACCORDANCE  WITH
SECTION 5-614 OF THE ELECTION LAW; AND
  (H) ACCURATE AND COMPLETE  INFORMATION  ABOUT  THE  VOTING  RIGHTS  OF
PEOPLE  WHO HAVE BEEN CHARGED WITH OR CONVICTED OF CRIMES IS MADE AVAIL-
ABLE THROUGH A  SINGLE  PUBLICATION  TO  GOVERNMENT  OFFICIALS  AND  THE
PUBLIC.
  2.  THE  STATE  BOARD OF ELECTIONS SHALL AMEND OR PROMULGATE PERTINENT
RULES AND REGULATIONS AS NECESSARY TO IMPLEMENT THIS SECTION.
  S 10. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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Senate Bill S5526A

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Archive: Last Bill Status - In Senate Committee Elections Committee

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Elections Committee

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