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correctional facility [of any person], the department shall notify such
[person verbally and in writing, that] INCARCERATED INDIVIDUAL OF his or
her voting rights [will be restored upon release and provide such person
with a form of application for voter registration 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. 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 associated with an absentee ballot without interference.
county board where such person resides.] AND, UPON THE REQUEST OF SUCH
INCARCERATED INDIVIDUAL, PROVIDE SUCH INDIVIDUAL WITH A FORM OF APPLICA-
TION FOR VOTER REGISTRATION TOGETHER WITH WRITTEN INFORMATION DISTRIB-
UTED BY THE BOARD OF ELECTIONS ON THE IMPORTANCE AND MECHANICS OF
VOTING, OR WITH ACCESS TO THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL
SYSTEM DESCRIBED IN TITLE FIVE OF ARTICLE EIGHT OF THE ELECTION LAW. THE
SUPERINTENDENT OF THE CORRECTIONAL FACILITY SHALL ENSURE THAT ALL
COMPLETED VOTER REGISTRATIONS ARE:
(A) PROPERLY AND IMMEDIATELY SUBMITTED ELECTRONICALLY TO THE APPLICA-
BLE BOARD OF ELECTIONS IF THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL
SYSTEM IS UTILIZED; OR
(B) DEPOSITED WITH THE UNITED STATES POST OFFICE WITHIN THREE DAYS OF
BEING FILLED OUT BY AN INCARCERATED INDIVIDUAL IF REGISTRATION IS
SUBMITTED ON PAPER.
2. EACH INCARCERATED INDIVIDUAL WHO IS QUALIFIED TO VOTE AND REGIS-
TERED TO VOTE MAY APPLY TO HIS OR HER COUNTY BOARD OF ELECTIONS FOR AN
ABSENTEE BALLOT IN THE MANNER PROVIDED FOR BY THE MAIL PROVISIONS OF
SECTION 8-400 OF THE ELECTION LAW. THERE SHALL BE A PRESUMPTION THAT
INCARCERATED INDIVIDUALS ARE QUALIFIED TO VOTE AND REGISTERED TO VOTE.
THE SUPERINTENDENT OF THE CORRECTIONAL FACILITY SHALL ENSURE THAT EACH
SUCH APPLICATION FOR AN ABSENTEE BALLOT IS DEPOSITED WITH THE UNITED
STATES POST OFFICE WITHIN THREE DAYS OF BEING FILLED OUT BY AN INCARCER-
ATED INDIVIDUAL.
3. EACH ABSENTEE BALLOT RECEIVED AT THE CORRECTIONAL FACILITY SHALL BE
DELIVERED TO THE INCARCERATED INDIVIDUAL TO WHOM IT IS ADDRESSED
WITHIN TWO DAYS OF RECEIPT AT THE CORRECTIONAL FACILITY. THE SUPER-
INTENDENT OF THE CORRECTIONAL FACILITY SHALL ENSURE THAT EACH ABSENTEE
BALLOT IS DEPOSITED WITH THE UNITED STATES POST OFFICE WITHIN THREE DAYS
OF BEING FILLED OUT BY THE INCARCERATED INDIVIDUAL TO WHOM IT HAS BEEN
ADDRESSED.
4. VOTER REGISTRATIONS, APPLICATIONS FOR ABSENTEE BALLOTS AND ABSENTEE
BALLOTS SHALL BE PROCESSED BY THE CORRECTIONAL FACILITY SEPARATELY FROM
OTHER INCARCERATED INDIVIDUAL MAIL. NOTWITHSTANDING ANY LAW, RULE OR
REGULATION TO THE CONTRARY, NO PERSON SHALL OPEN ANY CORRESPONDENCE
BETWEEN AN INCARCERATED INDIVIDUAL AND A BOARD OF ELECTIONS, INCLUDING
AN INCARCERATED INDIVIDUAL'S VOTER REGISTRATION, APPLICATION FOR AN
ABSENTEE BALLOT OR FILLED OUT ABSENTEE BALLOT. INCARCERATED INDIVID-
UALS SHALL BE PERMITTED TO CAST THEIR VOTES PRIVATELY AND TO SEAL ALL
ENVELOPES ASSOCIATED WITH AN ABSENTEE BALLOT WITHOUT INTERFERENCE.
§ 3. Section 5-106 of the election law, subdivisions 2, 3 and 4 as
amended by chapter 103 of the laws of 2021, subdivision 5 as amended by
chapter 234 of the laws of 1976 and subdivision 6 as amended by chapter
82 of the laws of 1982, is amended to read as follows:
A. 4499 3
§ 5-106. Qualifications of voters; reasons for exclusion.
1. No person who shall receive, accept, or offer to receive, or pay,
offer or promise to pay, contribute, offer or promise to contribute to
another, to be paid or used, any money or any other valuable thing as a
compensation or reward for the giving or withholding a vote at an
election, or for registering or refraining from registering as a voter,
or who shall make any promise to influence the giving or withholding of
any such vote or registration, or who shall make or become directly or
indirectly interested in any bet or wager depending upon the result of
an election, shall vote at such election.
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
while he or she is incarcerated for such felony.
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 while he or
she is incarcerated for such felony.
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 while he or
she is incarcerated for such felony.
5. The provisions of subdivisions two, three and four of this section
shall not apply if the person so convicted is not sentenced to either
death or imprisonment, or if the execution of a sentence of imprisonment
is suspended.
6.] No person who has been adjudged incompetent by order of a court of
competent judicial authority shall have the right to register for or
vote at any election in this state unless thereafter he OR SHE shall
have been adjudged competent pursuant to law.
§ 4. Subdivision 3 of section 5-210 of the election law, as amended by
chapter 765 of the laws of 2022, is amended to read as follows:
3. Completed application forms, when received by any board of
elections and, with respect to application forms promulgated by the
federal election commission, when received by the state board of
elections, or showing a dated cancellation mark of the United States
Postal Service or contained in an envelope showing such a dated cancel-
lation mark which is not later than the fifteenth day before the next
ensuing primary, general or special election, and received no later than
the tenth day before such election, or delivered in person to such board
of elections not later than the tenth day before such election, shall
entitle the applicant to vote in such election, if he or she is other-
wise qualified, provided, however, such applicant shall not vote on a
voting machine until his or her identity is verified. Any board of
elections receiving an application form from a person who does not
reside in its jurisdiction but who does reside elsewhere in the state of
New York, shall forthwith forward such application form to the proper
board of elections; PROVIDED, HOWEVER, THAT THE RESIDENCE OF A PERSON
INCARCERATED IN A CORRECTIONAL FACILITY, AS DEFINED IN SECTION TWO
OF THE CORRECTION LAW, OR IN A COUNTY JAIL, IS NOT INCLUDED IN THE
JURISDICTION WHERE A PERSON IS INCARCERATED UNLESS SUCH PERSON HAD
RESIDED IN THAT JURISDICTION PRIOR TO INCARCERATION, AND ANY SUCH PERSON
MAY APPLY TO REGISTER TO VOTE IN THE JURISDICTION WHERE THAT PERSON HAS
PREVIOUSLY ESTABLISHED A FIXED AND PRINCIPAL HOME TO WHICH THE PERSON
A. 4499 4
INTENDS TO RETURN. Each board of elections shall make an entry on each
such form of the date it is received by such board.
§ 5. 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 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
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.
§ 6. Paragraph b of subdivision 4 of section 5-708 of the election
law, as added by chapter 659 of the laws of 1994, is amended to read as
follows:
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.
§ 7. Subdivision 3 of section 7-123 of the election law, as amended by
chapter 104 of the laws of 2010, and the opening paragraph as amended by
chapter 411 of the laws of 2019, is amended to read as follows:
3. There shall be three envelopes for each military absentee ballot
issued when the military voter's preferred method of transmission is by
mail: the inner affirmation envelope into which a voter places his or
her voted ballot, the outer envelope which shall be addressed to the
absentee voter, and the mailing envelope which is addressed to the coun-
ty board of elections. The board of elections shall furnish an inner
affirmation envelope with each military ballot upon which envelope shall
be printed:
BALLOT FOR MILITARY VOTER
AFFIRMATION
I swear or affirm that:
(a) I am a member of the uniformed services or merchant marine on
active duty or an eligible spouse, parent, child or dependent of such a
member, and
(b) I am a United States citizen, at least eighteen years of age (or
will be by the day of the election), eligible to vote in the requested
jurisdiction, and
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(c) I have [neither been convicted of a felony or other disqualifying
offense nor] NOT been adjudicated mentally incompetent, or if so, my
voting rights have been reinstated, and
(d) I am not registering, requesting a ballot, or voting in any other
jurisdiction in the United States, and
(e) My signature and date below indicate when I completed this docu-
ment, and
(f) The information on this form is true and complete to the best of
my knowledge.
I understand that a material misstatement of fact in the completion of
this document may constitute grounds for conviction of a crime.
Date .......... 20....
................................
Signature or mark of voter
................................
Signature of Witness (required
only if voter does not sign his
or her own name)
................................
Address of Witness
§ 8. Subdivision 2 of section 7-124 of the election law, as amended by
chapter 104 of the laws of 2010, and the opening and closing paragraphs
as amended by chapter 411 of the laws of 2019, is amended to read as
follows:
2. There shall be three envelopes for each special federal absentee
ballot issued by mail: the inner affirmation envelope into which a voter
places his or her voted ballot, the outer envelope which shall be
addressed to the absentee voter, and the mailing envelope which is
addressed to the county board of elections. The board of elections shall
furnish an inner affirmation envelope with each special federal ballot
upon which envelope shall be printed:
I swear or affirm that:
(a) I am a United States citizen residing outside the United States,
and
(b) I am at least eighteen years of age (or will be by the day of the
election), eligible to vote in the requested jurisdiction, and
(c) I have [neither been convicted of a felony or other disqualifying
offense nor] NOT been adjudicated mentally incompetent, or if so, my
voting rights have been reinstated, and
(d) I am not qualified to register, request a ballot, or vote in any
other jurisdiction in the United States, and
(e) My signature and date below indicate when I completed this docu-
ment, and
(f) The information on this form is true and complete to the best of
my knowledge.
I understand that a material misstatement of fact in the completion of
this document may constitute grounds for conviction of a crime.
Date.................20..... .....................................
Signature or mark of voter
.....................................
Signature of Witness (required only
if voter does not sign his or her own
A. 4499 6
name)
.....................................
Address of Witness
§ 9. Paragraph (d) of subdivision 1 of section 8-400 of the election
law, as amended by chapter 63 of the laws of 2010, is amended to read as
follows:
(d) absent from his or her voting residence because he or she is
detained in jail awaiting action by a grand jury or awaiting trial, or
confined in jail or prison after a conviction [for an offense other than
a felony], provided that he or she is qualified to vote in the election
district of his or her residence.
§ 10. Subparagraph (iv) of paragraph (c) of subdivision 3 of section
8-400 of the election law, as amended by chapter 63 of the laws of
2010, is amended to read as follows:
(iv) detained in jail awaiting action by a grand jury or awaiting
trial or confined in jail or prison after a conviction [for an offense
other than a felony] and stating the place where he or she is so
detained or confined.
§ 11. Subdivision 5 of section 8-504 of the election law is REPEALED.
§ 12. Paragraph (d) of subdivision 1 and subparagraph (iv) of para-
graph (c) of subdivision 4 of section 15-120 of the election law, para-
graph (d) of subdivision 1 as amended and subparagraph (iv) of paragraph
(c) of subdivision 4 as added by chapter 289 of the laws of 2014, are
amended to read as follows:
(d) absent from his or her voting residence because he or she is
detained in jail awaiting action by a grand jury or awaiting trial, or
confined in jail or prison [after a conviction for an offense other than
a felony], provided that he or she is qualified to vote in the election
district of his or her residence.
(iv) detained in jail awaiting action by a grand jury or awaiting
trial or confined in jail or prison [after a conviction for an offense
other than a felony] and stating the place where he or she is so
detained or confined.
§ 13. Subdivisions 10 of section 1057-a of the New York city charter
are REPEALED.
§ 14. The opening paragraph of section 1057-a of the New York city
charter, as amended by local law number 80 of the city of New York for
the year 2020, is amended to read as follows:
Each agency designated as a participating agency under the provisions
of this section shall implement and administer a program of distribution
of voter registration forms pursuant to the provisions of this section.
The following offices are hereby designated as participating voter
registration agencies: The administration for children's services, the
business integrity commission, the city clerk, the civilian complaint
review board, the commission on human rights, community boards, the
department of small business services, the department for the aging, the
department of citywide administrative services, the department of city
planning, the department of consumer and worker protection, the depart-
ment of correction, the department of cultural affairs, the department
of environmental protection, the department of finance, the department
of health and mental hygiene, the department of homeless services, the
department of housing preservation and development, the department of
parks and recreation, the department of probation, the department of
records and information services, the taxi and limousine commission, the
A. 4499 7
department of transportation, the department of youth and community
development, the fire department, and the human resources adminis-
tration. Participating agencies shall include a mandate in all new or
renewed agreements with those subcontractors having regular contact with
the public in the daily administration of their business to follow the
guidelines of this section. Such participating agencies shall be
required to offer voter registration forms to all persons together with
written applications for services, renewal or recertification for
services and change of address relating to such services, in the same
language as such application, renewal, recertification or change of
address form where practicable; provided however that this section shall
not apply to services that must be provided to prevent actual or poten-
tial danger to the life, health, or safety of any individual or of the
public. Such agencies shall provide assistance to applicants in complet-
ing voter registration forms, including the section of the form allowing
for registration to become an organ donor, and in cases in which such an
agency would provide assistance with its own form, such agency shall
provide the same degree of assistance with regard to the voter registra-
tion and organ donor forms as is provided with regard to the completion
of its own form, if so requested. [As part of such assistance, such
agencies shall also, upon request by an applicant who identifies himself
or herself as being on parole and when practically feasible, check
publicly available information to inform such applicant if a restoration
of their right to vote has been granted, provided that such assistance
may be provided by a person other than the person to whom the request
was made and further provided that such assistance shall not be consid-
ered an endorsement of the accuracy of any publicly available informa-
tion not maintained by the city.] Such agencies shall also receive and
transmit the completed application form from any applicants who request
to have such form transmitted to the board of elections for the city of
New York.
§ 15. The state board of elections is directed to revise all paperwork
utilized for voter registration, and for the process of applying for and
voting by absentee ballot to remove all references to felonies or the
limitation of the right to vote due to conviction of a felony.
§ 16. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.