S T A T E O F N E W Y O R K
________________________________________________________________________
2023--A
2015-2016 Regular Sessions
I N S E N A T E
January 21, 2015
___________
Introduced by Sens. HASSELL-THOMPSON, MONTGOMERY, PARKER, PERKINS,
RIVERA -- read twice and ordered printed, and when printed to be
committed to the Committee on Elections -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the election law and the correction law, in relation to
voting by convicted felons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 AND SENTENCED TO A
PERIOD OF IMPRISONMENT FOR SUCH FELONY pursuant to the laws of this
state, shall have the right to register for or vote at any election
unless he [shall have been pardoned or restored to the rights of citi-
zenship by the governor, or his 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 SHE HAS BEEN RELEASED FROM INCARCERATION
FOR SUCH FELONY OR RELEASED FROM SERVING A TIME ASSESSMENT PURSUANT TO
SUBPARAGRAPH (X) OF PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION TWO
HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW.
S 2. Subdivision 3 of section 5-106 of the election law is amended to
read as follows:
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, AND SENTENCED TO A PERIOD OF IMPRISONMENT FOR SUCH FELONY,
shall have the right to register for or vote at any election unless he
[shall have been pardoned or restored to the rights of citizenship by
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07885-02-5
S. 2023--A 2
the president of the United States, or his maximum sentence of imprison-
ment has expired, or he has been discharged from parole] OR SHE HAS BEEN
RELEASED FROM INCARCERATION FOR SUCH FELONY OR RELEASED FROM SERVING A
TIME ASSESSMENT PURSUANT TO A VIOLATION OF PAROLE SUPERVISION UNDER
FEDERAL JURISDICTION.
S 3. Subdivision 4 of section 5-106 of the election law is amended to
read as follows:
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 AND
SENTENCED TO A PERIOD OF IMPRISONMENT FOR SUCH FELONY, shall have the
right to register for or vote at any election in this state unless he
shall have been pardoned or restored to the rights of citizenship by the
governor or other appropriate authority of such other state, or his
maximum sentence has expired, or he [has been discharged from parole] OR
SHE HAS BEEN RELEASED FROM INCARCERATION FOR SUCH FELONY OR RELEASED
FROM SERVING A TIME ASSESSMENT FOR A VIOLATION OF PAROLE SUPERVISION
UNDER THE JURISDICTION OF COURTS, PAROLING AUTHORITIES, CORRECTIONS OR
OTHER CRIMINAL JUSTICE AGENCIES.
S 4. Section 75 of the correction law, as amended by section 18 of
subpart A of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
S 75. Notice of voting rights. Upon the [discharge] RELEASE from a
correctional facility of any person [whose maximum sentence of imprison-
ment has expired or upon a person's discharge from community super-
vision,] the department shall notify such person of his or her right to
vote and provide such person with a form of application for voter regis-
tration together with written information distributed by the board of
elections on the importance and the mechanics of voting.
S 5. The correction law is amended by adding a new section 510 to read
as follows:
S 510. VOTING UPON RELEASE. UPON THE RELEASE FROM A LOCAL CORRECTIONAL
FACILITY OF ANY PERSON CONVICTED OF A FELONY THE CHIEF ADMINISTRATIVE
OFFICER SHALL NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO VOTE AND 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.
S 6. The department of corrections and community supervision shall
notify each person serving a period of community supervision on the
effective date of this act of his or her right to vote and provide such
person with a form of application for voter registration together with
written information distributed by the board of elections on the impor-
tance and the mechanics of voting.
S 7. This act shall take effect immediately, provided, however, that
sections four, five, and six of this act shall take effect on the one
hundred twentieth day after it shall have become a law.