S T A T E O F N E W Y O R K
________________________________________________________________________
3999
2023-2024 Regular Sessions
I N A S S E M B L Y
February 8, 2023
___________
Introduced by M. of A. GIBBS -- 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 incarcerated individuals in correctional facili-
ties; 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 INCARCERATED INDIVIDUAL VOTING WHILE INCARCERATED IN A STATE
OR LOCAL CORRECTIONAL 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are REPEALED and subdivision 6 is renumbered subdivision 2.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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06747-01-3
A. 3999 2
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.
[(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 amended 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 chapter 103 of
the laws of 2021, 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 INCARCERATED INDIVIDUALS VOTER REGISTRATION AND VOTING.
SUCH PROGRAM SHALL INCLUDE ACCESS AND ASSISTANCE WITH VOTER REGISTRATION
FORMS AND A MECHANISM FOR VOTING, INCLUDING, BUT NOT LIMITED TO, ABSEN-
TEE BALLOTS.
2. Prior to the release from a correctional facility of any person the
department 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. Upon
release, such person may choose to either submit his or her completed
application to the state board or county board where such person resides
or have the department transmit it on his or her behalf. Where such
person chooses to have the department transmit the application, the
department shall transmit the completed application upon such person's
release to the state board or county board where such person resides.
A. 3999 3
§ 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.