NY State Senate Bill 2023-S7348

Senate Bill S7348

2023-2024 Legislative Session

Relates to authorizing voting by incarcerated individuals in correctional facilities; repealer

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
May 19, 2023	referred to elections

co-Sponsors

2023-S7348 (ACTIVE) - Details

See Assembly Version of this Bill:: A3999
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-104, 5-106, 5-400 & 5-708, rpld §5-106 subs 2-5, §5-708 sub 2, El L; amd §75, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6821, A9862
2021-2022: S5755, A699

2023-S7348 (ACTIVE) - Summary

Relates to authorizing voting by incarcerated individuals in correctional facilities; requires the department of corrections and community supervision, in collaboration with the state and county boards of election, to establish a program to facilitate incarcerated individuals voter registration and voting.

2023-S7348 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7348

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation would extend certain inmates in correctional facilities
the ability to vote in elections.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends the election law as required.

Section 2 - Repeals certain parts of the election law as required.

Section 3 - Amends the election law as required.

Section 4 - Repeals certain parts of the election law as required.

Section 5 - Amends the election law as required.

Section 6 - Amends the correction law as required.

Section 7 - Contains the effective date.

 
JUSTIFICATION:

The African-American and Latin-x citizens in our communities are the
predominant demographic targeted by the archaic law of disenfranchise-
ment, and preventing those with felony convictions from voting is a
maneuver to disempower black voters. If an incarcerated individual can
be counted as a whole person in the census, then why can't their vote be
counted in an election. All New Yorkers should be able to exercise their
foundational American right of voting, and their vote should count in
the county where they previously resided.  This bill aims to help fight
felony disenfranchisement in New York State and facilitate an easier
transition back into society

 
LEGISLATIVE HISTORY:

2021-22: S.5755 - Referred to Elections

2019-20: S6821- Referred to Elections

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
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.

2023-S7348 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7348
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sens.  PARKER, 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06747-01-3
 S. 7348                             2

 
   [(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.
   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
 S. 7348                             3

 department shall transmit the completed application upon  such  person's
 release to the state board or county board where such person resides.
   §  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.

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Senate Bill S7348

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Sponsored By

Kevin S. Parker