NY State Senate Bill 2023-S6875

Current Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
May 12, 2023	referred to elections

co-Sponsors

2023-S6875 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §§8-109 & 8-415, amd §§8-406 & 8-407, El L; amd §§500-j, 146, 75, 510 & 137, Cor L

2023-S6875 (ACTIVE) - Summary

Relates to voting rights and access for incarcerated individuals; authorizes polling places to be available at correctional facilities and local facilities; requires such facilities to provide persons detained or confined in such facilities access to register to vote or apply for an absentee ballot; requires voting information to be included in the inmate handbook.

2023-S6875 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6875

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law and the correction law, in relation to
voting rights and access for incarcerated individuals

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to codify the right to vote for citizens
detained pretrial or for lesser offenses in correctional facilities who
have not lost the right to vote, and to provide local officials with
authorization and guidance to facilitate timely access to at least one
method of effective and secure voter registration and ballot access for
all such eligible persons.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 8-109 to the Election Law to
provide local election officials with the option to deploy a poll site
during the final two days of the early voting period for not less than 6

hours at correctional facilities and local correctional facilities with-
in their jurisdiction, in lieu of either the residual duties to provide
basic voter registration and absentee ballot access under a new Election
Law § 8-415, or the bipartisan absentee ballot collection program
prescribed for the most populous congregate facilities (e.g. nursing
homes) by a revised section 8-407 of the election law. Balloting at such
a polling place will be available to confined eligible citizens and
facility staff who are voters in the jurisdiction where the facility is
located. Voters who are residents of other jurisdictions are guaranteed
voter access under a new Election Law § 8-415, discussed below.

Section 2 of the bill amends Election law § 8-406 to authorize biparti-
san local Board of Elections personnel to deliver absentee ballots via
the existing bipartisan absentee ballot collection program (in Election
Law § 8-407 as amended by Section 3 of the bill), to citizens detained
in correctional facilities and local correctional facilities who have
not lost the right to vote.

Section 3 of the bill amends Election Law § 8-407 and adds 2 new subdi-
visions (16) and (17). The existing § 8-407 bipartisan absentee ballot
collection program directs bipartisan teams of election officials to
conduct in-person visits to certain congregate residential facilities
(e.g., nursing homes), to facilitate absentee voting, if the local board
of elections receives 25 absentee ballot requests from a covered facili-
ty. Section 3 adds correctional facilities and local correctional facil-
ities to the list of covered facilities, with limited changes to reflect
the access needs of the eligible correctional population. The § 8-407
program is modified for correctional facilities and local correctional
facilities to eliminate the need for election officials to wait for 25
absentee ballot applications from the largest facilities in the most
populous counties in the state (including New York City facilities) to
coordinate a visit to such facility by a bipartisan team. If the popu-
lation threshold in subdivision 16 is triggered, the board of elections
shall designate a bipartisan team to schedule a visit to the facility or
deploy a poll site as described in section 1 of the bill. The board of
elections will also supply materials to conduct voter registration and
absentee balloting. This section also enhances intergovernmental cooper-
ation between Elections and Corrections officials and basic recordkeep-
ing, to ensure timely, fair, and effective voter access.

Section 3 of the bill also adds a new subdivision 16 to Election Law §
8-407, which creates an alternative population-based trigger for the
bipartisan absentee ballot collection program at correctional facilities
and local correctional facilities. Local boards of elections that serve
at least 100,000 registered voters will proactively coordinate visits by
bipartisan teams to facilitate registration and voting at any correc-
tional facility or local correctional facility with a total census of 75
or more persons.  Covered boards of elections must cooperate with facil-
ity leadership to identify such facilities, develop written procedures
for orderly and secure delivery and retrieval of registration and voting
materials. These procedures are reviewed for sufficiency and election
integrity by the State Board of Elections. Local election officials have
the discretion to decide to deploy bipartisan teams at correctional
facilities below the population threshold. The new subdivision 17
provides potential recourse under Article 17 of the election law if the
rights and access prescribed by this act are intentionally frustrated.

Section 4 of the bill adds a new § 8-415 to the Election Law to improve
residual voter registration and absentee ballot access for all eligible
citizens detained in correctional facilities and local correctional
facilities who have not lost the right to vote, wherever they are being
detained. Local election officials coordinate with facility leadership
to facilitate access to voting. All such eligible citizens must be
provided with effective voter registration and absentee ballot access,
regardless of where they are confined in the state, no later than twen-
ty-one days prior to election day. The State Board of Elections shall
issue non-partisan materials to clarify voter eligibility, voting rights
and rules, and voting options. These materials must be publicized and
distributed in correctional facilities.

Section 5 of the bill amends Corrections Law Article 20 § 500(j) regard-
ing who may visit a local correctional facility to authorize visits by
bipartisan teams from the board of elections in order to facilitate
timely and effective voter access in accordance with this act.

Section 6 of the bill amends § 146(1) of the Correction Law regarding
who may visit a correctional facility to authorize visits by bipartisan
teams from the board of elections in order to facilitate timely and
effective voter access in accordance with this act.

Section 7 of the bill renames and renumbers § 75 of the Corrections Law
and adds new subdivisions 1, 2, and 3 to codify the right to vote for
otherwise-eligible American citizens detained in correctional facilities
who have not lost the right to vote. This is modeled on the Corrections
Law's Freedom of Worship law and protects the opportunity to register to
vote and request ballots. Facility leadership has a duty to cooperate
with local election officials to facilitate voter access.

Section 8 of the bill renames and renumbers § 510 of the Corrections Law
and adds new subdivisions 1, 2, and 3 to codify the right to vote for
otherwise- eligible American citizens detained in local correctional
facilities who have not lost the right to vote. This is modeled on the
Corrections Law's Freedom of Worship law and protects the opportunity to
register to vote and request ballots. Facility leadership has a duty to
cooperate with local election officials to facilitate voter access.
Section 9 of the bill amends Corrections Law § 137 to clarify that
otherwise-eligible citizens who have not lost the right to vote and are
being held in solitary confinement may not be deprived of effective
access to voting.

Section 10 of the bill sets forth the effective date.

 
JUSTIFICATION:

Thousands of American citizens detained in New York jails each year have
not lost their right to vote, yet their access to voting is severely
limited, if not obstructed entirely by the circumstances of their
confinement. This jeopardizes civil rights and undermines the state's
interest in maintaining correctional policies that foster rehabilitation
and community reintegration Prison Policy Initiative, Eligible, But
Excluded: A Guide to Removing the Barriers to Jail Voting, October 2020,
https://bit.ly/44S8D5B).

This population includes otherwise-eligible citizens who are detained
pretrial or for lesser offenses and who have not lost (or did not lose)
their right to vote as a consequence for their alleged offenses.

These citizens have just one way to vote-by absentee ballot. Yet, they
are effectively being disenfranchised because of the absence of a voter
access program coordinated and facilitated by elections and corrections
officials. Currently, without such a program for this population, the
responsibility for voter access is illusory or amorphous at best, fall-
ing to local sheriffs, corrections staff, and civic groups, rather than
the bipartisan officials who administer local elections. This has led to
limited, variable and unpredictable access year-to-year and facility-to-
facility. The lack of statewide uniformity leaves an unaccountable void
filled by ad hoc arrangements, misinformation about eligibility, and
infringed rights.  Modern state regulation is needed to adequately and
uniformly safeguard these civil rights and ensure the integrity of
elections.

Notably, people of color are dramatically overrepresented in American
jails and prisons. Racial disparities are particularly stark for Black
Americans, who make up 38% of the incarcerated population despite
representing only 12% of U.S residents (Prison Policy Initiative, Mass
Incarceration: The Whole Pie 2023, March 2023, https://bit.ly/3HPeZZx).

This legislation codifies the right to vote for citizens in correctional
facilities and local correctional facilities who have not lost the right
to vote (i.e., who are not currently incarcerated for a felony
conviction) and provides local officials with authorization and guidance
to facilitate timely access to at least one method of effective and
secure voter registration and ballot access for all such eligible
persons.

This policy provides interlocking voter access options for election
administrators, who need to serve voters in urban and rural localities,
and who are provided with discretion and flexibility to meet local needs
with limited resources. The act sets a statewide standard that enhances
and clarifies the residual duty on local officials to provide and facil-
itate basic voter registration and absentee ballot access for eligible
citizens detained in less populous correctional facilities or local
correctional facilities and citizens detained outside their home county,
reducing the logistical barriers to ballot access that can unjustly
suppress these legitimate voters.

The Election Law's Bipartisan Absentee Ballot Collection Program (EL §
8-407) for large nursing homes and congregate facilities is extended to
apply to the largest correctional facilities and local correctional
facilities in New York's most populous counties.  Election officials are
authorized to proactively coordinate this program with facility leader-
ship, who must cooperate to ensure the eligible citizens confined at
each covered facility have a fair opportunity to timely register and
vote. Alternatively, local election officials have the option to deploy
a poll site at the populous facilities in their county, so eligible
confined citizens and facility staff can conveniently vote.

Finally, this act establishes a partnership of cooperation between
elections and corrections officials, clarifying the role of bipartisan
election officials in election-related tasks (eligibility, registration,
balloting materials) and the role of corrections to facilitate effective
voter access for citizens in their custody.

This policy rectifies an ongoing injustice and is intended to provide
parity of access to civil rights to the extent possible and safeguards
for access disparities that account for the circumstances of confinement
to assure fair, timely, and secure access to voting for eligible citi-
zens in jails.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the first day of July next succeeding the
date on which it shall have become a law. Effective immediately, the
state board of elections is authorized and directed to promulgate neces-
sary rules, procedures, guidance, and educational materials and the
state and local boards of elections are authorized and directed to take
all necessary preparatory actions to ensure timely implementation of and
compliance with this act.

2023-S6875 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6875
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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
   voting rights and access for incarcerated individuals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new  section  8-109
 to read as follows:
   §  8-109.  POLLING PLACES AT CORRECTIONAL FACILITIES AND LOCAL CORREC-
 TIONAL FACILITIES.  FOR PURPOSES OF FACILITATING VOTING BY RESIDENTS  OF
 CORRECTIONAL FACILITIES AND LOCAL CORRECTIONAL FACILITIES, AS SUCH TERMS
 ARE DEFINED IN SECTION TWO OF THE CORRECTION LAW, THE BOARD OF ELECTIONS
 MAY  ESTABLISH  BY  MAJORITY  VOTE,  IN  LIEU  OF THE ABSENTEE BALLOTING
 PROGRAM SET FORTH IN SUBDIVISIONS ONE THROUGH FIFTEEN OF  SECTION  8-407
 OF THIS ARTICLE, A POLLING PLACE AT ANY SUCH FACILITY FOR AT LEAST THREE
 HOURS  OF OPERATION BEGINNING THE THIRD DAY PRIOR TO ANY GENERAL, PRIMA-
 RY, RUN-OFF PRIMARY PURSUANT TO SUBDIVISION ONE OF SECTION 6-162 OF THIS
 CHAPTER OR   SPECIAL ELECTION FOR ANY  PUBLIC  OR  PARTY  POSITION,  AND
 ENDING  ON  AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY,
 RUN-OFF PRIMARY OR SPECIAL ELECTION FOR  SUCH  PUBLIC  OFFICE  OR  PARTY
 POSITION.    ANY  SUCH  POLLING PLACE SHALL BE ESTABLISHED IN COMPLIANCE
 WITH THE EARLY VOTING PROVISIONS OF PARAGRAPHS (D) AND (E)  OF  SUBDIVI-
 SION  FOUR AND SUBDIVISIONS FIVE THROUGH ELEVEN OF SECTION 8-600 OF THIS
 ARTICLE. VOTER ACCESS TO POLLING PLACES  ESTABLISHED  PURSUANT  TO  THIS
 SECTION  SHALL  BE  RESTRICTED  TO  VOTERS  DETAINED OR CONFINED AT SUCH
 FACILITY OR RELATED FACILITIES AND VOTERS  WHO  ARE  EMPLOYEES  OF  SUCH
 FACILITIES, WHO ARE REGISTERED TO VOTE IN THE COUNTY WHERE SUCH FACILITY
 IS  LOCATED,  OR  FOR FACILITIES LOCATED IN THE CITY OF NEW YORK, VOTERS
 WHO ARE REGISTERED TO VOTE IN THE CITY OF NEW YORK.  ALL OTHER  ELIGIBLE
 VOTERS  WHO ARE DETAINED OR CONFINED AT SUCH FACILITY OR WHO ARE EMPLOY-
 EES OF SUCH FACILITY SHALL BE PROVIDED WITH VOTER REGISTRATION FORMS AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11137-02-3

 S. 6875                             2
 
 ABSENTEE BALLOT APPLICATIONS PURSUANT TO SECTION 8-415 OF THIS  ARTICLE.
 THE ESTABLISHMENT OF POLLING PLACES UNDER THIS SECTION SHALL BE IN ADDI-
 TION  TO,  AND  SHALL NOT DIMINISH, THE MINIMUM QUANTITY OF EARLY VOTING
 LOCATIONS  REQUIRED BY SUBDIVISION TWO OF SECTION 8-600 OF THIS ARTICLE,
 NOR SHALL THE FACT OF SUCH ESTABLISHMENT ALTER OR PREJUDICE THE APPLICA-
 TION OF THE EQUITABLE SITING FACTORS THEREIN.  THE  BOARD  OF  ELECTIONS
 SHALL  ESTABLISH  PROCEDURES  OR  APPLY PROCEDURES ESTABLISHED FOR EARLY
 VOTING, SUBJECT TO APPROVAL OF THE STATE BOARD OF ELECTIONS,  TO  ENSURE
 THAT  PERSONS  WHO  VOTE  DURING  THE  EARLY  VOTING PERIOD SHALL NOT BE
 PERMITTED TO VOTE SUBSEQUENTLY IN THE SAME ELECTION.
   § 2. Subdivision 1 of section 8-406 of the election law, as amended by
 section 2 of part HH of chapter 55 of the laws of 2022,  is  amended  to
 read as follows:
   1.  If the board shall find that the applicant is a qualified voter of
 the election district containing his OR HER residence as stated  in  his
 OR  HER statement and that his OR HER statement is sufficient, it shall,
 as soon as practicable after it shall have determined his OR  HER  right
 thereto,  mail  to him OR HER at an address designated by him OR HER, or
 deliver to him OR HER, or to any person designated for such  purpose  in
 writing  by  him  OR  HER,  at the office of the board, such an absentee
 voter's ballot or set of ballots and an envelope therefor. If the ballot
 or ballots are to be sent outside of the  United  States  to  a  country
 other than Canada or Mexico, such ballot or ballots shall be sent by air
 mail.    However, if an applicant who is eligible for an absentee ballot
 is a resident of a facility operated or licensed by, or under the juris-
 diction of, the department of mental hygiene, or a resident of a facili-
 ty defined as a nursing home or residential health care facility  pursu-
 ant  to subdivisions two and three of section two thousand eight hundred
 one of the public health law, or a  resident  of  a  hospital  or  other
 facility  operated by the Veteran's Administration of the United States,
 OR A PERSON DETAINED OR CONFINED AT A  CORRECTIONAL  FACILITY  OR  LOCAL
 CORRECTIONAL  FACILITY,  AS SUCH TERMS ARE DEFINED IN SECTION TWO OF THE
 CORRECTION LAW, such absentee ballot need not be so mailed or  delivered
 to  any  such applicant but, may be delivered to the voter in the manner
 prescribed by section 8-407 of this [chapter] TITLE if such facility  is
 located in the county or city in which such voter is eligible to vote.
   § 3. Section 8-407 of the election law, as added by chapter 296 of the
 laws of 1988, subdivisions 1, 3  and 15 as amended by chapter 195 of the
 laws of 2001, and subdivision 6 as amended by chapter 326 of the laws of
 1989, is amended to read as follows:
   § 8-407. Voting by residents of nursing homes, residential health care
 facilities,  facilities  operated or licensed, or under the jurisdiction
 of, the department of mental hygiene  or  hospitals  [or],    facilities
 operated  by  the  Veteran's  Administration of the United States, OR BY
 PERSONS DETAINED  OR  CONFINED  AT  CORRECTIONAL  FACILITIES  AND  LOCAL
 CORRECTIONAL  FACILITIES.  1. The board of elections of a county or city
 in which there is located at least one facility operated or licensed, or
 under the jurisdiction of, the department of mental hygiene, or a facil-
 ity defined as a nursing home or residential health care facility pursu-
 ant to subdivisions two and three of section two thousand eight  hundred
 one  of  the  public health law or an adult care facility subject to the
 provisions of title two of article seven of  the  social  services  law,
 [or]  a  hospital  or  other facility operated by the Veteran's Adminis-
 tration of the United  States,  OR  A  CORRECTIONAL  FACILITY  OR  LOCAL
 CORRECTIONAL  FACILITY  shall,  SUBJECT  TO  SUBDIVISION SIXTEEN OF THIS
 SECTION AND SECTION 8-109 OF THIS ARTICLE, provide AND ENSURE that resi-
 S. 6875                             3
 
 dents of, OR PERSONS DETAINED OR CONFINED AT,  each  such  facility  for
 which  such  board  has  received  twenty-five  or more applications for
 absentee ballots from voters who are eligible to vote by absentee ballot
 in  such  city  or  county at such election, may vote by absentee ballot
 [only] in the manner provided for in this section. Such  board  may,  in
 its discretion, provide that the procedure described in this subdivision
 shall  be applicable to all such facilities in such county or city with-
 out regard to the number of absentee ballot applications  received  from
 the residents of any such facility.
   2.  Such  a  board  of  elections shall appoint, in the same manner as
 other inspectors, one or more bi-partisan  boards  of  inspectors,  each
 composed  of two such inspectors. Such inspectors may be regular employ-
 ees of such board of elections OR PERSONS QUALIFIED IN  ACCORDANCE  WITH
 SUBDIVISION  SIX  OF  SECTION  3-400  OF  THIS  CHAPTER.  ALL INSPECTORS
 APPOINTED PURSUANT TO  THIS  SUBDIVISION  SHALL  UNDERGO  THE  REQUISITE
 TRAINING  AND  SUBSCRIBE  TO  THE  OATH  REQUIRED OF ELECTION INSPECTORS
 PURSUANT TO SECTIONS 3-412 AND 3-414 OF THIS CHAPTER.
   3. Not earlier than [thirteen] TWENTY-ONE days before  or  later  than
 the  day  before  such  an  election  such  a board of inspectors shall,
 between the hours of [nine] SEVEN o'clock  in  the  morning  and  [five]
 EIGHT  o'clock  in  the evening ON ONE OR MORE DAYS, attend at each such
 facility for the residents of which the board of elections  has  custody
 of  twenty-five  or  more  absentee ballots OR WHICH OTHERWISE QUALIFIES
 PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION  or,  if  the  board  of
 elections  has  so  provided, each such facility for which the board has
 custody of one or more such absentee ballots, pursuant to the provisions
 of this chapter.
   4. Each such board of inspectors may attend at more than one facility,
 provided, however, that no such board of inspectors shall be assigned to
 attend at more facilities than it reasonably can be expected to complete
 within the time specified by this section.
   5. The board of elections shall deliver to each  board  of  inspectors
 VOTER  REGISTRATION  FORMS,  PAPER ABSENTEE BALLOT APPLICATIONS OR TOOLS
 CAPABLE OF PROVIDING ELIGIBLE PERSONS WITH ACCESS TO COMPLETE AND SUBMIT
 OR SAVE SUCH APPLICATIONS THROUGH THE ELECTRONIC VOTER  REGISTRATION  OR
 ABSENTEE  BALLOT APPLICATION TRANSMITTAL SYSTEM AND SUFFICIENT EQUIPMENT
 FOR THE PRINTING AND ISSUANCE OF ABSENTEE BALLOTS OR  all  the  absentee
 ballots in the custody of such board of elections which are addressed to
 [residents  of]  VOTERS AT the facilities which such board of inspectors
 is APPOINTED FOR OR assigned to attend, together with one or more  port-
 able  voting  booths  of a type approved by the state board of elections
 and such other supplies, INCLUDING ASSISTIVE DEVICES AND ANY  REASONABLE
 ACCOMMODATIONS  FOR PERSONS WITH DISABILITIES AND INTERPRETIVE RESOURCES
 AND PERSONNEL FOR THOSE IN NEED OF LANGUAGE ASSISTANCE, as such board of
 inspectors will require to discharge its duties properly. ANY  COMPLETED
 VOTER  REGISTRATION FORMS COLLECTED BY SUCH BOARD OF INSPECTORS SHALL BE
 PROCESSED PURSUANT TO SECTIONS 5-208  AND  5-210  OF  THIS  CHAPTER,  AS
 APPLICABLE. ANY COMPLETED ABSENTEE BALLOT APPLICATION FORMS COLLECTED BY
 SUCH  BOARD OF INSPECTORS SHALL BE TREATED AS APPLICATIONS FOR AN ABSEN-
 TEE BALLOT DELIVERED IN PERSON AT THE BOARD OF ELECTIONS TO THE VOTER OR
 TO AN AGENT OF THE VOTER IN ACCORDANCE WITH PARAGRAPH (C) OF SUBDIVISION
 TWO OF SECTION 8-400 OF THIS TITLE AND  PROCESSED  PURSUANT  TO  SECTION
 8-402 OF THIS TITLE.
   6.  The  board  of elections, at least [twenty] FORTY-FIVE days before
 each such election, or, FOR FACILITIES  NOT  SET  FORTH  IN  SUBDIVISION
 SIXTEEN  OF  THIS  SECTION,  on the day after it shall have received the
 S. 6875                             4
 
 requisite number of applications for absentee ballots from the residents
 of any such facility, whichever is later,  shall  communicate  with  the
 superintendent, administrator or director of each such facility OR THEIR
 DESIGNATED  DEMOCRACY  OFFICER  OR  AGENT  to arrange the [day] DAYS and
 [time] TIMES when the board of inspectors will attend at such  facility.
 The  board  of  elections  shall  keep  a list of (A) the [day] DAYS and
 [time] TIMES at which the board of inspectors will attend at  each  such
 facility,  (B)  THE NUMBER OF APPLICATIONS FOR ABSENTEE BALLOTS RECEIVED
 FROM ANY SUCH FACILITY, AND (C) THE NUMBER OF ABSENTEE BALLOTS  RETURNED
 BY  VOTERS  AT  ANY SUCH FACILITY PURSUANT TO THIS SECTION as [a] public
 [record] RECORDS at its office AND DELIVER A COPY OF SUCH RECORDS TO THE
 STATE BOARD OF ELECTIONS WITHIN SEVEN DAYS AFTER CERTIFICATION  OF  EACH
 PRIMARY, GENERAL OR SPECIAL ELECTION.
   7.  It shall be the duty of each such superintendent, administrator or
 director, OR THEIR DESIGNATED DEMOCRACY OFFICER OR AGENT, to assist  the
 board  of inspectors attending OR SERVING such facility in the discharge
 of its duties, including, but not limited to making  available  to  such
 board  of  inspectors  space  AND  REASONABLE ACCOMMODATIONS within such
 facility suitable for the discharge of its duties.
   8.  The  board  of  inspectors  shall  deliver  each  absentee  ballot
 addressed to a [resident of] VOTER LOCATED AT each such facility to such
 [resident]  VOTER.   If such [resident] VOTER is physically disabled the
 inspectors shall, if necessary, deliver the  ballot  to  such  voter  at
 [his] THEIR bedside.
   9.  The board of inspectors shall arrange the portable voting booth or
 booths provided and effect  such  safeguards  as  may  be  necessary  to
 provide secrecy for the votes cast by such [residents] VOTERS.
   10.  If  such a [resident] VOTER is unable to mark [his] THEIR ballot,
 [he] THEY may be assisted in marking such ballot by the two  members  of
 the board of inspectors or such other person as [he] THEY may select. If
 a  voter  is unable to mark the ballot and unable to communicate how [he
 wishes] THEY WISH such ballot marked, such ballot shall not be cast.  No
 person  who  assists  a voter to mark [his] THEIR ballot pursuant to the
 provisions of this section, shall disclose to any other person  how  any
 such ballot was marked.
   11.  Except  as  otherwise  provided in this section, all ballots cast
 pursuant to this section shall be cast in the manner  provided  by  this
 chapter for the casting of absentee ballots.
   12.  After  such  ballots have been cast and sealed in the appropriate
 envelopes, they shall be returned to such inspectors.
   13. Upon completion of its  duties,  the  board  of  inspectors  shall
 forthwith return all such ballots to the board of elections.
   14.  Any  person,  political committee or independent body entitled to
 appoint watchers for the election district in which any such facility is
 located at the election for which such absentee ballots are cast,  shall
 be  entitled  to appoint a watcher to attend such board of inspectors at
 such facility.
   15. All ballots cast pursuant to the provisions of this section  which
 are  received before the close of the polls on election day by the board
 of elections charged with  the  duty  of  casting  and  canvassing  such
 ballots,  may  be  delivered to the inspectors of election in the manner
 prescribed by this chapter or retained at the  board  of  elections  and
 cast  and  canvassed pursuant to the provisions of section 9-209 of this
 chapter as such board shall, in its discretion,  determine  pursuant  to
 the provisions of subdivision one of this section.
 S. 6875                             5
 
   16.  WITH  RESPECT  TO  CORRECTIONAL FACILITIES AND LOCAL CORRECTIONAL
 FACILITIES, AS SUCH TERMS ARE DEFINED IN SECTION TWO OF  THE  CORRECTION
 LAW,  THE BOARD OF ELECTIONS IN COUNTIES WITH AT LEAST ONE HUNDRED THOU-
 SAND REGISTERED VOTERS SHALL PROVIDE THAT THE ELIGIBLE PERSONS  DETAINED
 OR  CONFINED  AT  ANY  SUCH FACILITY IN SUCH COUNTY WITH SEVENTY-FIVE OR
 MORE PERSONS DETAINED  OR  CONFINED  MAY  VOTE  BY  ABSENTEE  BALLOT  AS
 PROVIDED  FOR  IN THIS SECTION, WITHOUT REGARD TO THE NUMBER OF ABSENTEE
 BALLOT APPLICATIONS RECEIVED FROM ELIGIBLE VOTERS AT ANY SUCH  FACILITY.
 WITH  RESPECT  TO ELIGIBLE PERSONS DETAINED AT SUCH FACILITY WHO ARE NOT
 RESIDENTS OF THE COUNTY IN WHICH SUCH FACILITY IS LOCATED, THE  RESIDEN-
 TIAL  DUTY  TO  FACILITATE TIMELY VOTER REGISTRATION AND ABSENTEE BALLOT
 ACCESS PURSUANT TO SECTION 8-415 OF THIS TITLE SHALL STILL APPLY.   EACH
 BOARD  OF  ELECTIONS  SUBJECT  TO  THIS  SUBDIVISION SHALL ADOPT WRITTEN
 PROCEDURES TO ENSURE ORDERLY ADMINISTRATION OF  THE  ABSENTEE  BALLOTING
 PROGRAM  AT  EACH SUCH FACILITY.  SUCH PROCEDURES SHALL INCLUDE, BUT NOT
 BE LIMITED TO, THE DELIVERY AND RETRIEVAL OF  VOTER  REGISTRATION  FORMS
 AND  ABSENTEE  BALLOTS, SHALL BE COUNTER SIGNED BY THE FACILITY'S SUPER-
 INTENDENT, ADMINISTRATOR OR  DIRECTOR,  OR  THEIR  DESIGNATED  DEMOCRACY
 OFFICER  OR AGENT, AND SHALL BE PUBLIC RECORDS.  ALL PROCEDURES SHALL BE
 SUBMITTED TO THE STATE BOARD OF ELECTIONS  NO  LATER  THAN  NINETY  DAYS
 PRIOR  TO THE FIRST ELECTION DAY IN WHICH A FACILITY LOCATED WITHIN SUCH
 A COUNTY SHALL PARTICIPATE IN THIS PROGRAM, AND APPROVED  BY  THE  STATE
 BOARD  OF ELECTIONS WITH ANY AMENDMENTS PRESCRIBED BY THE STATE BOARD OF
 ELECTIONS NO LATER THAN SEVENTY-FIVE DAYS PRIOR TO  SUCH  ELECTION  DAY.
 ALL  OTHER  CORRECTIONAL FACILITIES AND LOCAL CORRECTIONAL FACILITIES IN
 SUCH A COUNTY SHALL BE SUBJECT TO THE PROVISIONS  OF  SECTION  8-415  OF
 THIS  TITLE;  PROVIDED,  HOWEVER,  THAT A BOARD OF ELECTIONS MAY PROVIDE
 ABSENTEE BALLOTING ACCESS IN ACCORDANCE WITH THIS SUBDIVISION TO  VOTERS
 DETAINED  OR  CONFINED  AT  SUCH OTHER CORRECTIONAL FACILITIES AND LOCAL
 CORRECTIONAL FACILITIES IN LIEU OF SUCH BOARD OF ELECTIONS'  OBLIGATIONS
 PRESCRIBED  BY  SECTION  8-415 OF THIS TITLE. THIS SUBDIVISION SHALL NOT
 APPLY TO ANY FACILITY WHERE THE PERSONS DETAINED  OR  CONFINED  AT  SUCH
 FACILITY ARE EXCLUSIVELY UNDER THE AGE OF EIGHTEEN.
   17.  NOTHING IN THIS SECTION SHALL PREJUDICE OR LIMIT THE RIGHTS UNDER
 STATE AND FEDERAL LAW OF ANY VOTER WHO VOTES PURSUANT TO THE METHODS  IN
 THIS SECTION, INCLUDING THE RIGHTS AND REMEDIES PROVIDED FOR UNDER TITLE
 TWO OF ARTICLE SEVENTEEN OF THIS CHAPTER.
   § 4. The election law is amended by adding a new section 8-415 to read
 as follows:
   § 8-415. ABSENTEE VOTING; APPLICATION AND REGISTRATION DRIVE FOR CITI-
 ZENS  DETAINED  OR CONFINED AT CORRECTIONAL FACILITIES AND LOCAL CORREC-
 TIONAL FACILITIES. 1. THIS SECTION APPLIES TO ANY CORRECTIONAL  FACILITY
 OR LOCAL CORRECTIONAL FACILITY, AS SUCH TERMS ARE DEFINED IN SECTION TWO
 OF  THE  CORRECTION  LAW,  FOR  WHICH ABSENTEE BALLOTING IS NOT PROVIDED
 PURSUANT TO SECTION 8-407 OF THIS TITLE, EXCEPT FOR  ANY  SUCH  FACILITY
 WHERE  THE PERSONS DETAINED OR CONFINED AT SUCH FACILITY ARE EXCLUSIVELY
 UNDER THE AGE  OF  EIGHTEEN.  FOR  EACH  SUCH  FACILITY,  THE  BOARD  OF
 ELECTIONS  SHALL  COORDINATE  WITH  THE  SUPERINTENDENT,  ADMINISTRATOR,
 DIRECTOR, DESIGNATED DEMOCRACY OFFICER  OR  AGENT  TO  FACILITATE  VOTER
 ACCESS  BY ENSURING THAT ALL ELIGIBLE CITIZENS ARE PROVIDED WITH A VOTER
 REGISTRATION FORM, WHICH SHALL BE PROCESSED PURSUANT TO  SECTIONS  5-208
 AND  5-210  OF THIS CHAPTER, AS APPLICABLE, AND THAT ALL ELIGIBLE VOTERS
 ARE PROVIDED WITH AN ABSENTEE BALLOT APPLICATION NO LATER  THAN  TWENTY-
 ONE DAYS PRIOR TO ELECTION DAY. IT SHALL BE THE DUTY OF EACH SUCH SUPER-
 INTENDENT,  ADMINISTRATOR,  DIRECTOR,  DESIGNATED  DEMOCRACY  OFFICER OR
 AGENT TO ASSIST THE BOARD IN THE DISCHARGE OF  ITS  DUTIES  PURSUANT  TO
 S. 6875                             6
 
 THIS  SUBDIVISION,  INCLUDING, BUT NOT LIMITED TO MAKING AVAILABLE SUIT-
 ABLE SPACE AND REASONABLE ACCOMMODATIONS WITHIN SUCH FACILITY.
   2.  THE  STATE BOARD OF ELECTIONS SHALL PROMULGATE NON-PARTISAN EDUCA-
 TIONAL MATERIALS IN PLAIN LANGUAGE ABOUT THE VOTING RIGHTS  OF  INDIVID-
 UALS  CURRENTLY  INCARCERATED AND FORMERLY INCARCERATED FOR INCLUSION IN
 THE INMATE HANDBOOK OR SIMILAR MATERIALS AND REENTRY RESOURCES.  NOTHING
 IN  THIS  SUBDIVISION  SHALL  PROHIBIT  THE INCLUSION OR DISTRIBUTION OF
 NON-PARTISAN EDUCATIONAL MATERIALS IN ADDITIONAL RESOURCES  PROVIDED  TO
 OR MADE AVAILABLE TO INCARCERATED OR FORMERLY INCARCERATED INDIVIDUALS.
   § 5. Section 500-j of the correction law, as amended by chapter 291 of
 the laws of 2009, is amended to read as follows:
   §  500-j.  Who  may visit local correctional facilities. The following
 persons may visit at pleasure all  local  correctional  facilities:  The
 governor  and  lieutenant-governor,  secretary of state, comptroller and
 attorney-general, members of the legislature, judges  of  the  court  of
 appeals,  justices  of  the  supreme  court  and county judges, district
 attorneys [and], every clergyman or minister, as such terms are  defined
 in  section  two  of  the religious corporations law, having charge of a
 congregation in the county  in  which  such  facility  is  located,  AND
 BI-PARTISAN BOARD OF ELECTIONS OFFICIALS AND INSPECTORS APPOINTED BY THE
 BOARD  OF ELECTIONS IN THE COUNTY WHERE ANY SUCH FACILITY IS SITUATED OR
 THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK, IN  ORDER  TO  DISCHARGE
 THEIR  DUTIES  UNDER  SECTIONS  8-407  AND 8-415 OF THE ELECTION LAW. No
 other person not otherwise authorized by law shall be permitted to enter
 the rooms of  a  local  correctional  facility  in  which  convicts  are
 confined, unless under such regulations as the sheriff of the county, or
 in  counties within the city of New York, the commissioner of correction
 of such city, or in the  county  of  Westchester,  the  commissioner  of
 correction of such county shall prescribe.
   § 6. Subdivision 1 of section 146 of the correction law, as amended by
 chapter 274 of the laws of 2019, is amended to read as follows:
   1.  The following persons shall be authorized to visit at pleasure all
 correctional facilities: The governor and  lieutenant-governor,  commis-
 sioner  of  general services, secretary of state, comptroller and attor-
 ney-general, members of the commission of  correction,  members  of  the
 legislature and their accompanying staff and any employee of the depart-
 ment  as  requested  by  the  member  of  the  legislature if the member
 requests to be so accompanied,  provided  that  such  request  does  not
 impact  upon  the  department's ability to supervise, manage and control
 its facilities as determined by the commissioner, judges of the court of
 appeals, supreme court and  county  judges,  district  attorneys  [and],
 every clergyman or minister, as such terms are defined in section two of
 the  religious  corporations law, having charge of a congregation in the
 county wherein any such facility is situated, AND BI-PARTISAN BOARDS  OF
 ELECTIONS  OFFICIALS  AND INSPECTORS APPOINTED BY THE BOARD OF ELECTIONS
 IN THE COUNTY WHERE ANY SUCH  FACILITY  IS  SITUATED  OR  THE  BOARD  OF
 ELECTIONS  IN  THE  CITY OF NEW YORK, IN ORDER TO DISCHARGE THEIR DUTIES
 UNDER SECTIONS 8-407 AND 8-415 OF THE ELECTION LAW. No other person  not
 otherwise  authorized  by law shall be permitted to enter a correctional
 facility except by authority of the  commissioner  of  correction  under
 such regulations as the commissioner shall prescribe.
   §  7.  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] VOTING rights.    1.  FREEDOM  TO  VOTE.  ALL
 PERSONS  WHO  MAY HAVE BEEN OR MAY HEREAFTER BE DETAINED OR CONFINED AT,
 OR COMMITTED TO OR TAKEN CHARGE OF BY ANY CORRECTIONAL FACILITY, WHO ARE
 S. 6875                             7

 QUALIFIED TO REGISTER FOR AND VOTE AT ANY ELECTION PURSUANT  TO  SECTION
 5-102  OF THE ELECTION LAW AND NOT SUBJECT TO EXCLUSION BY SECTION 5-106
 OF THE ELECTION LAW, ARE HEREBY DECLARED TO  BE  ENTITLED  TO  THE  FREE
 EXERCISE  AND ENJOYMENT OF THE ELECTIVE FRANCHISE WITHOUT DISCRIMINATION
 OR PREFERENCE.
   2. OPPORTUNITY TO REGISTER TO VOTE AND REQUEST BALLOTS. THE RULES  AND
 REGULATIONS  ESTABLISHED FOR THE GOVERNMENT OF ANY CORRECTIONAL FACILITY
 SHALL RECOGNIZE THE RIGHT OF DETAINED OR INCARCERATED  INDIVIDUALS,  WHO
 ARE  QUALIFIED  TO  REGISTER  FOR  AND  VOTE AT ANY ELECTION PURSUANT TO
 SECTION 5-102 OF THE ELECTION  LAW  AND  NOT  SUBJECT  TO  EXCLUSION  BY
 SECTION  5-106  OF THE ELECTION LAW, TO THE FREE EXERCISE OF THEIR RIGHT
 TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THE  CONSTITUTION  AND,  TO
 EFFECTUATE  SUCH END, SHALL ALLOW FOR ACCESS BY THE ELIGIBLE INDIVIDUALS
 TO ELECTRONIC PERSONAL  VOTER  REGISTRATION  OR  VOTER  REGISTRATION  BY
 APPLICATION  PURSUANT  TO ARTICLE FIVE OF THE ELECTION LAW AND TO ACCESS
 ABSENTEE BALLOTING  SERVICES  THROUGH  THE  ELECTRONIC  ABSENTEE  BALLOT
 APPLICATION TRANSMITTAL SYSTEM OR BY PAPER APPLICATION PURSUANT TO TITLE
 FOUR  OF  ARTICLE  EIGHT OF THE ELECTION LAW, IN SUCH MANNER AS MAY BEST
 CARRY INTO EFFECT THE SPIRIT AND INTENT OF THIS SECTION AND BE  CONSIST-
 ENT WITH THE PROPER DISCIPLINE AND MANAGEMENT OF THE CORRECTIONAL FACIL-
 ITY.    SUCH  SERVICES  SHALL  BE MADE AVAILABLE WITHIN THE BUILDINGS OR
 GROUNDS, WHENEVER POSSIBLE, WHERE THE DETAINED OR INCARCERATED  INDIVID-
 UALS  ARE  REQUIRED  BY  LAW  TO BE CONFINED, IN SUCH MANNER AND AT SUCH
 HOURS AS WILL BE IN HARMONY WITH THE RULES AND REGULATIONS OF  BOTH  THE
 FACILITY AND THE BOARD OF ELECTIONS, AND SUCH FACILITIES SHALL SECURE TO
 SUCH  INDIVIDUALS THE FREE EXERCISE OF THEIR RIGHT TO VOTE IN ACCORDANCE
 WITH THE PROVISIONS OF THIS SECTION. IN CASE OF A VIOLATION  OF  ANY  OF
 THE  PROVISIONS  OF  THIS SECTION, ANY PERSON FEELING HIMSELF OR HERSELF
 AGGRIEVED THEREBY MAY EXERCISE ANY  RIGHTS  AND  REMEDIES  PROVIDED  FOR
 UNDER STATE AND FEDERAL LAW, INCLUDING BY INSTITUTING PROCEEDINGS IN THE
 SUPREME  COURT OF THE DISTRICT WHERE SUCH FACILITY IS SITUATED, WHICH IS
 HEREBY AUTHORIZED AND  EMPOWERED  TO  ENFORCE  THE  PROVISIONS  OF  THIS
 SECTION.
   3.  DUTY TO COOPERATE. PURSUANT TO SECTIONS 8-406, 8-407, AND 8-415 OF
 THE ELECTION LAW, THE SUPERINTENDENT OF EACH CORRECTIONAL FACILITY SHALL
 COOPERATE WITH THE BOARD OF ELECTIONS IN DEVELOPING AND  IMPLEMENTING  A
 PLAN  TO  FACILITATE AT LEAST ONE METHOD OF VOTER ACCESS FOR ALL PERSONS
 ELIGIBLE TO VOTE WHO ARE DETAINED OR CONFINED  AT  EACH  SUCH  FACILITY,
 INCLUDING,  BUT  NOT LIMITED TO MAKING AVAILABLE TO SUCH BOARD SPACE AND
 REASONABLE ACCOMMODATIONS WITHIN SUCH FACILITY FOR THE DISCHARGE OF  ITS
 DUTIES.  THE  DEPARTMENT  SHALL  ISSUE  REGULATIONS  DIRECTING EACH SUCH
 FACILITY TO ENSURE THE TIMELY DELIVERY, AND  TO  FACILITATE  THE  TIMELY
 RETURN  IF  APPLICABLE, OF ALL OFFICIAL ELECTION MAIL, FORMS, NOTICES OR
 COMMUNICATIONS TO ANY INDIVIDUAL DETAINED OR CONFINED AT  SUCH  FACILITY
 AND  THAT  NON-PARTISAN  PLAIN  LANGUAGE EDUCATIONAL MATERIALS ABOUT THE
 VOTING RIGHTS OF INDIVIDUALS CURRENTLY INCARCERATED AND FORMERLY  INCAR-
 CERATED  ARE  INCLUDED  IN  THE INMATE HANDBOOK OR SIMILAR MATERIALS AND
 REENTRY RESOURCES. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT THE INCLU-
 SION OR DISTRIBUTION OF NON-PARTISAN EDUCATIONAL MATERIALS IN ADDITIONAL
 RESOURCES PROVIDED TO OR MADE  AVAILABLE  TO  INCARCERATED  OR  FORMERLY
 INCARCERATED  INDIVIDUALS.  WITHOUT  LIMITING  ANY  RIGHTS  OR  REMEDIES
 PROVIDED TO VOTERS UNDER THE LAW, THERE SHALL  BE  A  PRESUMPTION  OF  A
 VIOLATION  OF SUBDIVISION ONE OF SECTION 17-212 OF THE ELECTION LAW WHEN
 ANY SUPERINTENDENT, EMPLOYEE, OR AGENT OF SUCH CORRECTIONAL FACILITY, BY
 COMMISSION OR OMISSION, INTENTIONALLY FRUSTRATES THE  PURPOSES  OF  THIS
 SECTION.
 S. 6875                             8
 
   4.  RIGHTS  RESTORATION  UPON  RELEASE  AND REGISTRATION. 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 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
 county board where such person resides.
   § 8. Section 510 of the correction law, as added by chapter 103 of the
 laws of 2021, is amended to read as follows:
   §  510. Voting [upon release]. 1. FREEDOM TO VOTE. ALL PERSONS WHO MAY
 HAVE BEEN OR MAY HEREAFTER BE DETAINED OR CONFINED AT, OR  COMMITTED  TO
 OR TAKEN CHARGE OF BY ANY LOCAL CORRECTIONAL FACILITY, WHO ARE QUALIFIED
 TO  REGISTER  FOR  AND VOTE AT ANY ELECTION PURSUANT TO SECTION 5-102 OF
 THE ELECTION LAW AND NOT SUBJECT TO EXCLUSION BY SECTION  5-106  OF  THE
 ELECTION  LAW,  ARE  HEREBY DECLARED TO BE ENTITLED TO THE FREE EXERCISE
 AND ENJOYMENT OF THE ELECTIVE FRANCHISE WITHOUT DISCRIMINATION OR  PREF-
 ERENCE.
   2.  OPPORTUNITY TO REGISTER TO VOTE AND REQUEST BALLOTS. THE RULES AND
 REGULATIONS ESTABLISHED FOR THE GOVERNMENT OF LOCAL CORRECTIONAL FACILI-
 TIES SHALL RECOGNIZE THE RIGHT OF DETAINED OR INCARCERATED  INDIVIDUALS,
 WHO  ARE  QUALIFIED TO REGISTER FOR AND VOTE AT ANY ELECTION PURSUANT TO
 SECTION 5-102 OF THE ELECTION  LAW  AND  NOT  SUBJECT  TO  EXCLUSION  BY
 SECTION  5-106  OF THE ELECTION LAW, TO THE FREE EXERCISE OF THEIR RIGHT
 TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THE  CONSTITUTION  AND,  TO
 EFFECTUATE  SUCH END, SHALL ALLOW FOR ACCESS BY THE ELIGIBLE INDIVIDUALS
 TO ELECTRONIC PERSONAL  VOTER  REGISTRATION  OR  VOTER  REGISTRATION  BY
 APPLICATION  PURSUANT  TO ARTICLE FIVE OF THE ELECTION LAW AND TO ACCESS
 ABSENTEE BALLOTING  SERVICES  THROUGH  THE  ELECTRONIC  ABSENTEE  BALLOT
 APPLICATION TRANSMITTAL SYSTEM OR BY PAPER APPLICATION PURSUANT TO TITLE
 FOUR  OF  ARTICLE  EIGHT OF THE ELECTION LAW, IN SUCH MANNER AS MAY BEST
 CARRY INTO EFFECT THE SPIRIT AND INTENT OF THIS SECTION AND BE  CONSIST-
 ENT WITH THE PROPER DISCIPLINE AND MANAGEMENT OF THE CORRECTIONAL FACIL-
 ITY.    SUCH  SERVICES  SHALL  BE MADE AVAILABLE WITHIN THE BUILDINGS OR
 GROUNDS, WHENEVER POSSIBLE, WHERE THE DETAINED OR INCARCERATED  INDIVID-
 UALS  ARE  REQUIRED  BY  LAW  TO BE CONFINED, IN SUCH MANNER AND AT SUCH
 HOURS AS WILL BE IN HARMONY WITH THE RULES AND REGULATIONS OF  BOTH  THE
 FACILITY  AND THE BOARD OF ELECTIONS, AND SECURE TO SUCH INDIVIDUALS THE
 FREE EXERCISE OF THEIR RIGHT TO VOTE IN ACCORDANCE WITH  THE  PROVISIONS
 OF THIS SECTION. IN CASE OF A VIOLATION OF ANY OF THE PROVISIONS OF THIS
 SECTION,  ANY  PERSON  FEELING  HIMSELF OR HERSELF AGGRIEVED THEREBY MAY
 EXERCISE ANY RIGHTS AND REMEDIES PROVIDED FOR UNDER  STATE  AND  FEDERAL
 LAW,  INCLUDING  BY  INSTITUTING PROCEEDINGS IN THE SUPREME COURT OF THE
 DISTRICT WHERE SUCH FACILITY IS SITUATED, WHICH IS HEREBY AUTHORIZED AND
 EMPOWERED TO ENFORCE THE PROVISIONS OF THIS SECTION.
   3. DUTY TO COOPERATE. PURSUANT TO SECTIONS 8-406, 8-407, AND 8-415  OF
 THE ELECTION LAW, THE SUPERINTENDENT OF EACH LOCAL CORRECTIONAL FACILITY
 SHALL COOPERATE WITH THE BOARD OF ELECTIONS IN DEVELOPING AND IMPLEMENT-
 ING  A  PLAN  TO  FACILITATE AT LEAST ONE METHOD OF VOTER ACCESS FOR ALL
 PERSONS ELIGIBLE TO VOTE WHO ARE  DETAINED  OR  CONFINED  AT  EACH  SUCH
 S. 6875                             9
 
 FACILITY,  INCLUDING,  BUT NOT LIMITED TO MAKING AVAILABLE TO SUCH BOARD
 SPACE  AND  REASONABLE  ACCOMMODATIONS  WITHIN  SUCH  FACILITY  FOR  THE
 DISCHARGE OF ITS DUTIES.  THE DEPARTMENT SHALL ISSUE REGULATIONS DIRECT-
 ING  EACH SUCH FACILITY TO ENSURE THE TIMELY DELIVERY, AND TO FACILITATE
 THE TIMELY RETURN IF APPLICABLE, OF ALL OFFICIAL ELECTION  MAIL,  FORMS,
 NOTICES OR COMMUNICATIONS TO ANY INDIVIDUAL DETAINED OR CONFINED AT SUCH
 FACILITY  AND  THAT  NON-PARTISAN  PLAIN  LANGUAGE EDUCATIONAL MATERIALS
 ABOUT THE  VOTING  RIGHTS  OF  INDIVIDUALS  CURRENTLY  INCARCERATED  AND
 FORMERLY  INCARCERATED  ARE  INCLUDED  IN THE INMATE HANDBOOK OR SIMILAR
 MATERIALS AND REENTRY  RESOURCES.  NOTHING  IN  THIS  SUBDIVISION  SHALL
 PROHIBIT THE INCLUSION OR DISTRIBUTION OF NON-PARTISAN EDUCATIONAL MATE-
 RIALS IN ADDITIONAL RESOURCES PROVIDED TO OR MADE AVAILABLE TO INCARCER-
 ATED  OR FORMERLY INCARCERATED INDIVIDUALS.  WITHOUT LIMITING ANY RIGHTS
 OR REMEDIES PROVIDED TO VOTERS UNDER THE LAW, THERE SHALL BE A  PRESUMP-
 TION OF A VIOLATION OF SUBDIVISION ONE OF SECTION 17-212 OF THE ELECTION
 LAW  WHEN  ANY  SUPERINTENDENT, EMPLOYEE, OR AGENT OF SUCH LOCAL CORREC-
 TIONAL FACILITY, BY COMMISSION OR OMISSION, INTENTIONALLY FRUSTRATES THE
 PURPOSES OF THIS SECTION. THIS SUBDIVISION SHALL NOT APPLY TO ANY FACIL-
 ITY WHERE THE PERSONS DETAINED OR CONFINED AT SUCH FACILITY  ARE  EXCLU-
 SIVELY UNDER THE AGE OF EIGHTEEN.
    4.  RIGHTS  RESTORATION  UPON  RELEASE AND REGISTRATION. Prior to the
 release from a local correctional facility of any person convicted of  a
 felony the chief administrative officer shall notify such person verbal-
 ly  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  declination  form, offer such person assistance in
 filling out the appropriate form, and provide such person written infor-
 mation 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 chief administrative officer shall trans-
 mit the completed application upon such person's release  to  the  state
 board or county board where such person resides.
   §  9. Subdivision 6 of section 137 of the correction law is amended by
 adding a new paragraph (p) to read as follows:
   (P) ANY INCARCERATED INDIVIDUAL CONFINED IN A CELL OR ROOM, APART FROM
 THE ACCOMMODATIONS PROVIDED FOR INDIVIDUALS  WHO  ARE  PARTICIPATING  IN
 PROGRAMS  OF THE FACILITY, OR ANY INCARCERATED INDIVIDUAL HELD IN SEGRE-
 GATED CONFINEMENT WHO IS ELIGIBLE TO VOTE SHALL BE ENTITLED TO  REGISTER
 TO  VOTE  AND  VOTE  AS  SET  FORTH  IN  SECTIONS 8-407 AND 8-415 OF THE
 ELECTION LAW.
   § 10. This act shall take effect on the first of July next  succeeding
 the date on which 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.

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Senate Bill S6875

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

2023-S6875 (ACTIVE) - Details

2023-S6875 (ACTIVE) - Summary

2023-S6875 (ACTIVE) - Sponsor Memo

2023-S6875 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6875

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Sponsored By

Zellnor Myrie

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

Andrew Gounardes

Robert Jackson

2023-S6875 (ACTIVE) - Details

2023-S6875 (ACTIVE) - Summary

2023-S6875 (ACTIVE) - Sponsor Memo

2023-S6875 (ACTIVE) - Bill Text download pdf

Comments