S T A T E O F N E W Y O R K
________________________________________________________________________
4987
2019-2020 Regular Sessions
I N A S S E M B L Y
February 6, 2019
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Introduced by M. of A. O'DONNELL, WALKER, BLAKE, WEPRIN, CARROLL, ORTIZ,
D'URSO, JEAN-PIERRE -- Multi-Sponsored by -- M. of A. LENTOL -- read
once and referred to the Committee on Election Law
AN ACT to amend the election law, the criminal procedure 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] WHILE HE OR SHE IS INCARCERATED FOR SUCH
FELONY.
§ 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 imprisonment
has expired, or he has been discharged from parole] WHILE HE OR SHE IS
INCARCERATED FOR SUCH FELONY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02910-02-9
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§ 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]
WHILE HE OR SHE IS INCARCERATED FOR SUCH FELONY.
§ 4. 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, THE COURT MUST ADVISE THE DEFENDANT ON THE RECORD THAT
CONVICTION WILL RESULT IN LOSS OF THE RIGHT TO VOTE WHILE THE DEFENDANT
IS SERVING A FELONY SENTENCE IN A CORRECTIONAL FACILITY AND THAT THE
RIGHT TO VOTE WILL BE RESTORED UPON THE DEFENDANT'S RELEASE.
§ 5. Section 380.50 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. BEFORE IMPOSING A SENTENCE OF INCARCERATION FOR A FELONY
CONVICTION, THE COURT MUST ADVISE THE DEFENDANT ON THE RECORD THAT
CONVICTION WILL RESULT IN THE LOSS OF THE RIGHT TO VOTE WHILE THE INDI-
VIDUAL IS SERVING A FELONY SENTENCE IN A CORRECTIONAL FACILITY AND THAT
THE RIGHT TO VOTE WILL BE RESTORED UPON THE DEFENDANT'S RELEASE.
§ 6. 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] PRIOR TO the [discharge] RELEASE
from a correctional facility of any person [whose maximum sentence of
imprisonment has expired or upon a person's discharge from community
supervision,] the department shall notify such person [of his or her
right to vote] VERBALLY AND IN WRITING, THAT HIS OR HER VOTING RIGHTS
WILL BE RESTORED UPON RELEASE and provide such person with a form of
application for voter registration [together with] AND A DECLINATION
FORM, OFFER SUCH PERSON ASSISTANCE IN FILLING OUT THE APPROPRIATE FORM,
AND PROVIDE SUCH PERSON written information distributed by the board of
elections on the importance and the mechanics of voting. UNLESS SUCH
PERSON REFUSES, THE DEPARTMENT SHALL TRANSMIT THE COMPLETED APPLICATION
UPON SUCH PERSON'S RELEASE TO THE STATE BOARD OR LOCAL BOARD WHERE SUCH
PERSON RESIDES.
§ 7. The correction law is amended by adding a new section 510 to read
as follows:
§ 510. VOTING UPON RELEASE. PRIOR TO THE RELEASE FROM A LOCAL CORREC-
TIONAL FACILITY OF ANY PERSON CONVICTED OF A FELONY THE CHIEF ADMINIS-
TRATIVE OFFICER SHALL NOTIFY SUCH PERSON VERBALLY AND IN WRITING THAT
HIS OR HER VOTING RIGHTS WILL BE RESTORED UPON RELEASE AND PROVIDE SUCH
PERSON WITH A FORM OF APPLICATION FOR VOTER REGISTRATION AND A DECLINA-
TION FORM, OFFER SUCH PERSON ASSISTANCE IN FILLING OUT THE APPROPRIATE
FORM, AND PROVIDE SUCH PERSON WRITTEN INFORMATION DISTRIBUTED BY THE
BOARD OF ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING. UNLESS
SUCH PERSON REFUSES, THE CHIEF ADMINISTRATIVE OFFICER SHALL TRANSMIT THE
COMPLETED APPLICATION UPON SUCH PERSON'S RELEASE TO THE STATE BOARD OR
LOCAL BOARD WHERE SUCH PERSON RESIDES.
§ 8. The correction law is amended by adding a new section 209 to read
as follows:
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§ 209. NOTICE OF VOTING RIGHTS. THE DEPARTMENT SHALL NOTIFY EACH
PERSON SERVING A PERIOD OF COMMUNITY SUPERVISION OF HIS OR HER RIGHT TO
VOTE AND PROVIDE SUCH PERSON WITH A FORM OF APPLICATION FOR VOTER REGIS-
TRATION AND A DECLINATION FORM, OFFER SUCH PERSON ASSISTANCE IN FILLING
OUT THE APPROPRIATE FORM, AND PROVIDE SUCH PERSON WRITTEN INFORMATION
DISTRIBUTED BY THE BOARD OF ELECTIONS ON THE IMPORTANCE AND THE MECHAN-
ICS OF VOTING. UNLESS SUCH PERSON REFUSES, THE DEPARTMENT SHALL TRANSMIT
THE COMPLETED APPLICATION TO THE STATE BOARD OR LOCAL BOARD WHERE SUCH
PERSON RESIDES.
§ 9. Section 3-102 of the election law is amended by adding a new
subdivision 16-b to read as follows:
16-B. DEVELOP AND IMPLEMENT A PROGRAM TO EDUCATE ATTORNEYS, JUDGES,
ELECTION OFFICIALS, CORRECTIONS OFFICIALS, INCLUDING PAROLE AND
PROBATION OFFICERS, AND MEMBERS OF THE PUBLIC REGARDING THE REQUIREMENTS
OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN WHICH ADDED THIS
SUBDIVISION.
§ 10. This act shall take effect immediately, provided, however, that
sections four, five, six, seven, eight and nine of this act shall take
effect on the one hundred twentieth day after it shall have become a
law.