Senate Bill S5755

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5755
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER,  BIAGGI,  JACKSON, RAMOS, SALAZAR -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Elections
 
 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 are REPEALED and subdivision 6 is renumbered subdivision 2.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

 S. 5755                             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.