S T A T E O F N E W Y O R K
________________________________________________________________________
699
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law and the correction law, in relation to
authorizing voting by inmates in correctional facilities; and to
repeal certain provisions of the election law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5-104 of the election law is amended by adding a
new subdivision 1-a to read as follows:
1-A. AN INMATE VOTING WHILE INCARCERATED IN A STATE OR LOCAL CORREC-
TIONAL FACILITY SHALL BE CONSIDERED A RESIDENT OF THE COUNTY, CITY, TOWN
AND/OR VILLAGE HE OR SHE RESIDED IN PRIOR TO HIS OR HER INCARCERATION.
§ 2. Subdivisions 2, 3, 4 and 5 of section 5-106 of the election law
are REPEALED and subdivision 6 is renumbered subdivision 2.
§ 3. Subdivision 1 of section 5-400 of the election law, as amended by
chapter 659 of the laws of 1994, paragraph (a) as amended by chapter 3
of the laws of 2019, is amended and a new subdivision 1-a is added 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 state.
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03431-01-1
A. 699 2
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.
[(h)] (G) For any other reason, is no longer qualified to vote as
provided in this chapter.
1-A. A VOTER'S REGISTRATION SHALL NOT BE CANCELLED WHILE HE OR SHE IS
INCARCERATED IN A STATE OR LOCAL CORRECTIONAL FACILITY.
§ 4. 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.
§ 5. Subdivision 3 of section 5-708 of the election law, as added by
chapter 659 of the laws of 1994 and as renumbered by section four of
this act, paragraph a as amended by chapter 200 of the laws of 1996, is
amended to read as follows:
3. a. If a board of elections receives any notices pursuant to the
provisions of [subdivisions] SUBDIVISION two [and three] of this section
which set forth a residence address outside of the city or county of
such board's jurisdiction, it shall, at least once a month, transmit
such notices to the appropriate board of elections, or, if such address
is outside the state, to the state board of elections.
b. The state board shall arrange such notices and the names received
pursuant to the other provisions of this section by county of residence
and transmit such notices [and any notices of conviction for a felony
received from a United States attorney] to the appropriate board of
elections.
c. If any such notices, or names received pursuant to the other
provisions of this section, set forth a residence address outside New
York state, the state board shall transmit such notices to the chief
state election official of such state at such times and in such manner
as it deems appropriate.
§ 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. 1. THE DEPARTMENT, IN COLLABORATION
WITH THE STATE AND COUNTY BOARDS OF ELECTION, SHALL ESTABLISH A PROGRAM
TO FACILITATE INMATE VOTER REGISTRATION AND VOTING. SUCH PROGRAM SHALL
INCLUDE ACCESS AND ASSISTANCE WITH VOTER REGISTRATION FORMS AND A MECH-
ANISM FOR VOTING, INCLUDING, BUT NOT LIMITED TO, ABSENTEE BALLOTS.
2. Upon the discharge 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 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 mechan-
ics of voting.
§ 7. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.