NY State Senate Bill 2017-S3284

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 03, 2018	referred to elections
Jan 20, 2017	referred to elections

2017-S3284 (ACTIVE) - Details

See Assembly Version of this Bill:: A5842
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Rpld §5-106 subs 2, 3, 4 & 5, §5-708 sub 2, amd §§5-106, 5-400 & 5-708, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2287
2011-2012: S1732
2013-2014: S2631
2015-2016: S1210, A6320
2019-2020: S4793, A3285
2021-2022: S5210, A4322
2023-2024: S6397, A267
2025-2026: S4100, A6438

2017-S3284 (ACTIVE) - Summary

Provides for the re-enfranchisement of voters with felony convictions by repealing certain provisions in the election law.

2017-S3284 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3284

 TITLE OF BILL :  An act to amend the election law, in relation to
qualifications of voters convicted of a felony; and repealing certain
provisions of such law relating thereto

 PURPOSE OR GENERAL IDEA OF BILL :

To provide re-enfranchisement for voters with felony convictions.

 SUMMARY OF SPECIFIC PROVISIONS :

Eliminates conviction for a felony as grounds for disqualification
from voting.

 JUSTIFICATION :

Voting is a right, not a privilege, possessed by every American
citizen 18 years and older, and protected by the constitution of the
United States. The constitution denies voting rights only to
non-citizens and individuals convicted of treason, although the tenth
amendment allows states to set other reasonable standards of
disqualification.

Beginning in the 1870s, felony disqualification was used by states to
deny voting rights to newly freed slaves. Along with the Black Codes

and extra legal obstacles, this practice denied an entire class of
Americans the free exercise of their right to vote. Numerous Supreme
Court decisions and the voting Rights Act of 1965 allowed
African-Americans to fully realize their rights to vote.
Consequently, black political representation multiplied all across
America, from city halls to state legislatures to the United States
Congress.

Today, felony disenfranchisement remains a stain on the fabric of
American democracy. Felony offenders; serving prison sentences are
under the care, custody and control of state and federal corrections
officials. In New York state, over 124,000 citizens are currently
denied their voting rights. Disenfranchisement falls particularly
heavily on minorities; Latinos make up 33% of the disenfranchised
while only making up 10.46% of the citizen voting age population.
Moreover, due to disenfranchisement policy, it is estimated that over
15,000 veterans in New York state are currently banned from exercising
their right to vote. Amnesty International has issued reports
criticizing the American prison system. The State Assembly has held
hearings on the conditions in state correctional facilities.

Restoration of voting rights to felony offenders will confer a sense
of dignity and citizenship to persons we seek to punish for their
crime and rehabilitate to rejoin society. Enhancing every American's
right to vote is the true duty of patriotism.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S.1210/A.6320 - Referred to Elections
2013-14: S.2631 - Referred to Elections
2011-12: S.1732/A.4647 - Referred to Elections
2009-10: S.2287/A.2116 - Referred to Elections/Referred to Election
Law
2007-08: S.3782/A.6281 - Referred to Elections
2005-06: S.1355/A.6183 - Referred to Elections

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3284 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3284
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 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,  in  relation  to  qualifications  of
   voters convicted of a felony; and repealing certain provisions of such
   law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 3, 4 and 5 of section 5-106 of the election
 law are REPEALED and subdivision 6 is renumbered subdivision 2.
   § 2. Subdivision 1 of section 5-400 of the election law, as amended by
 section 20 of chapter 659 of the laws of 1994, paragraph (a) as  amended
 by  section 21 of chapter 659 of the laws of 1994, is amended to read as
 follows:
   1. A voter's registration, including the registration of  a  voter  in
 inactive  status,  shall  be  cancelled if, since the time of his OR HER
 last registration, he OR SHE:
   (a) Moved his OR HER residence outside the city or county in which  he
 OR SHE is registered.
   (b)  [Was convicted of a felony disqualifying him from voting pursuant
 to the provisions of section 5-106 of this article.
   (c)] Has been adjudicated an incompetent.
   [(d)] (C) Refused to take a challenge oath.
   [(e)] (D) Has died.
   [(f)] (E) Did not vote in any  election  conducted  by  the  board  of
 elections  during  the period ending with the second general election at
 which candidates for federal office are on the ballot after his  OR  HER
 name  was  placed in inactive status and for whom the board of elections
 did not, during such period, in any other way, receive  any  information
 that such voter still resides in the same county or city.
   [(g)]  (F)  Personally  requested to have his OR HER name removed from
 the list of registered voters.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06172-01-7

 S. 3284                             2
 
   [(h)] (G) For any other reason, is no  longer  qualified  to  vote  as
 provided in this chapter.
   §  3.  Subdivision  2 of section 5-708 of the election law is REPEALED
 and subdivisions 3, 4, 5, 6 and 7, subdivision 3 as renumbered by  chap-
 ter  659 of the laws of 1994, are renumbered subdivisions 2, 3, 4, 5 and
 6.
   § 4. This act shall take effect immediately.

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Senate Bill S3284

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

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2017-S3284 (ACTIVE) - Details

2017-S3284 (ACTIVE) - Summary

2017-S3284 (ACTIVE) - Sponsor Memo

2017-S3284 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2017-S3284 (ACTIVE) - Details

2017-S3284 (ACTIVE) - Summary

2017-S3284 (ACTIVE) - Sponsor Memo

2017-S3284 (ACTIVE) - Bill Text download pdf

Comments