The New York State Senate

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

                                  5367

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2017
                               ___________

Introduced  by M. of A. O'DONNELL, SEPULVEDA, WALKER, BLAKE, KAVANAGH --
  Multi-Sponsored by -- M. of A. LENTOL -- read once and referred to the
  Committee on Election Law

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.
  §  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
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

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

                                                           LBD00170-01-7

A. 5367                             2

RELEASED  FROM  INCARCERATION FOR SUCH FELONY OR RELEASED FROM SERVING A
TIME ASSESSMENT PURSUANT TO A  VIOLATION  OF  PAROLE  SUPERVISION  UNDER
FEDERAL JURISDICTION.
  §  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.
  §  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:
  §  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.
  § 5. The correction law is amended by adding a new section 510 to read
as follows:
  § 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.
  § 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.
  §  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.