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 are REPEALED and subdivision 6 is renumbered subdivision 2.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.