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.