S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7857
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Election Law
 
 AN  ACT  to  amend  the  election  law, in relation to polling places in
   detention facilities and the voting rights and status of  incarcerated
   persons;  and  to amend the correction law, in relation to persons who
   may visit correctional facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative intent. The intention of this bill is to bring
 vote method equity to New York's detention facilities. Thousands of  New
 Yorkers that are otherwise eligible to vote are held in facilities where
 they  do  not  have  access to a polling place. This bill rectifies that
 inequity and provides for robust enforcement.
   § 2. Subdivision 14 of section 1-104 of the election law is amended to
 read as follows:
   14. Words of masculine gender include the feminine AS  WELL  AS  OTHER
 GENDER  EXPRESSIVE  TERMS  except where the provision clearly applies to
 only one sex.
   § 3. Section 1-104 of the election law is amended by  adding  six  new
 subdivisions 40, 41, 42, 43, 44 and 45 to read as follows:
   40.  THE  TERM "CORRECTIONAL FACILITY" SHALL HAVE THE DEFINITION GIVEN
 TO IT IN SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTIONS LAW.
   41. THE TERM "LOCAL CORRECTIONAL FACILITY" SHALL HAVE  THE  DEFINITION
 GIVEN  TO  IT  IN  SUBDIVISION SIXTEEN OF SECTION TWO OF THE CORRECTIONS
 LAW.
   42. WHENEVER THE TERM "SHERIFF" IS USED IN  THIS  CHAPTER,  SUCH  TERM
 SHALL  BE DEEMED TO INCLUDE THE WARDEN, SUPERINTENDENT, OR OTHER PERSON,
 INCLUDING THE COMMISSIONER OF THE DEPARTMENT OF CORRECTION FOR THE  CITY
 OF NEW YORK, IN CHARGE OF A CORRECTIONAL OR LOCAL CORRECTIONAL FACILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08642-01-5
 A. 7857                             2
 
              

   43.  THE TERMS "DETAINEE", "DETAINED INDIVIDUAL", OR "DETAINED PERSON"
 SHALL REFER TO ANY PERSON DETAINED FOR ANY PERIOD OF TIME REGARDLESS  OF
 CONVICTION STATUS IN ANY CORRECTIONAL OR LOCAL CORRECTIONAL FACILITY.
   44. THE TERM "ACTIVE ELIGIBLE DETAINEE" SHALL MEAN ANY PERSON DETAINED
 IN  ANY  CORRECTIONAL  OR  LOCAL CORRECTIONAL FACILITY FOR ANY AMOUNT OF
 TIME WHO IS OTHERWISE ELIGIBLE TO VOTE.
   45. THE TERM "CORRECTIONAL POLLING PLACE" SHALL MEAN ANY POLLING PLACE
 ESTABLISHED AT A CORRECTIONAL OR LOCAL CORRECTIONAL  FACILITY  COMPLIANT
 WITH SECTION 8-109 OF THIS CHAPTER.
   § 4. The election law is amended by adding a new section 8-110 to read
 as follows:
   §  8-110. VOTING MACHINES FOR CORRECTIONAL POLLING PLACES. 1. PURSUANT
 TO SUBDIVISION  FOUR  OF  SECTION  7-201  OF  THIS  CHAPTER,  BOARDS  OF
 ELECTIONS  MAY  USE EXPERIMENTAL VOTING MACHINES IN ORDER TO COMPLY WITH
 SECTION 8-109 OF THIS TITLE, UNTIL SUCH  TIME  AS  VOTING  MACHINES  ARE
 CERTIFIED  PURSUANT  TO  LOCAL  AND  STATE ELECTION LAW THAT COMPLY WITH
 SECTION 8-109 OF THIS TITLE AT WHICH TIME THE BOARD  OF  ELECTIONS  MUST
 USE THE CERTIFIED VOTING MACHINE. EXCEPTIONS TO POLICY SHALL NOT BE MADE
 BECAUSE AN INDIVIDUAL IS INCARCERATED IN A DIFFERENT COUNTY THAN THAT IN
 WHICH  THEY  HAVE  THEIR HOME POLLING PLACE. BOARDS OF ELECTIONS AND ALL
 INTERFACING AND OBLIGATED AGENCIES ARE REQUIRED UNDER SECTION  8-109  OF
 THIS  TITLE  TO  PROVIDE  EACH  ACTIVE  ELIGIBLE DETAINEE WITH A POLLING
 PLACE, BALLOT FOR SAID POLLING PLACE  FOR  EACH  AND  EVERY  GENERAL  OR
 PRIMARY  ELECTION  PURSUANT  TO SUBDIVISION ONE OF SECTION 6-162 OF THIS
 CHAPTER OR SPECIAL ELECTION FOR ANY  PUBLIC  OFFICE  OR  PARTY  POSITION
 EXCEPT FOR SUCH AN ELECTION HELD PURSUANT TO TITLE TWO OF ARTICLE SIX OR
 TO  ARTICLE FIFTEEN OF THIS CHAPTER OCCURRING IN THEIR DISTRICT OF RESI-
 DENCE OR LAST DOMICILE, AND SHALL PROMULGATE RULES AND REQUISITION WHAT-
 EVER MATERIALS AND  EXPERTISE  REQUIRED  TO  EXPEDITIOUSLY  PLACE  FULLY
 EQUIPPED  AND  PREPARED  CORRECTIONAL  POLLING  PLACES WHEREVER THEY ARE
 NEEDED.
   2. THE USE OF EXPERIMENTAL VOTING MACHINES SHALL  NOT  INTERFERE  WITH
 THE  DUTY OF THE STATE AND LOCAL BOARDS OF ELECTIONS TO ENSURE EQUITABLE
 VOTING ACCESS TO DETAINED INDIVIDUALS AS COMPARED TO NON-DETAINED  INDI-
 VIDUAL VOTERS.
   §  5.  The  election law is amended by adding five new sections 8-109,
 8-111, 8-112, 8-113 and 8-114 to read as follows:
   § 8-109. POLLING PLACES AT CORRECTIONAL AND LOCAL CORRECTIONAL FACILI-
 TIES. 1. FOR PURPOSES OF FACILITATING VOTING BY DETAINED INDIVIDUALS  OF
 CORRECTIONAL  AND  LOCAL  CORRECTIONAL  FACILITIES OPERATED BY THE STATE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,  THE  CITY  OF  NEW
 YORK  OR  ANY COUNTY OR MUNICIPALITY, THE BOARD OF ELECTIONS MUST ESTAB-
 LISH A POLLING PLACE AT ANY SUCH FACILITY WHERE DETAINED INDIVIDUALS MAY
 BE ELIGIBLE TO VOTE. THE BOARD OF ELECTIONS SHALL  ESTABLISH  THAT  SUCH
 CORRECTIONAL  POLLING  PLACE BE OPEN AND ACCESSIBLE TO DETAINED INDIVID-
 UALS FOR THE SAME DURATION OF HOURS AND DAYS ON AND  PRIOR  TO  ELECTION
 DAY  AS  EARLY VOTING AND ELECTION DAY POLLING PLACES MAINTAINED OUTSIDE
 OF CORRECTIONAL AND LOCAL CORRECTIONAL FACILITIES. CORRECTIONAL  POLLING
 PLACES  MUST BE ESTABLISHED FOR ANY GENERAL, PRIMARY, OR RUN-OFF PRIMARY
 ELECTION PURSUANT TO SUBDIVISION ONE OF SECTION 6-162 OF THIS CHAPTER OR
 SPECIAL ELECTION FOR ANY PUBLIC OFFICE OR PARTY POSITION EXCEPT FOR SUCH
 AN ELECTION HELD PURSUANT TO TITLE TWO OF  ARTICLE  SIX  OR  TO  ARTICLE
 FIFTEEN  OF  THIS  CHAPTER. ANY POLLING PLACE CREATED UNDER THIS SECTION
 SHALL BE ESTABLISHED IN COMPLIANCE WITH SECTIONS 8-100, 8-102, AND 8-104
 OF THIS TITLE. WHEN OPEN DURING THE EARLY  VOTING  PERIOD,  ANY  POLLING
 A. 7857                             3
 
 PLACE  CREATED UNDER THIS SECTION SHALL ADDITIONALLY COMPLY WITH SECTION
 8-600 OF THIS ARTICLE.
   2. VOTER ACCESS TO POLLING PLACES AT CORRECTIONAL OR LOCAL CORRECTION-
 AL  FACILITIES ESTABLISHED UNDER THIS SECTION SHALL BE GRANTED TO ELIGI-
 BLE VOTERS WITH ACTIVE ELIGIBLE DETAINEE VOTER STATUS, OR WHO ARE ELIGI-
 BLE TO REGISTER AND VOTE ON THE SAME DAY, WHO ARE DETAINED  OR  CONFINED
 AT SUCH FACILITY OR RELATED FACILITIES, OR FOR FACILITIES LOCATED IN THE
 CITY  OF  NEW YORK, VOTERS WHO ARE REGISTERED TO VOTE IN THE CITY OF NEW
 YORK, OR WHO ARE REGISTERED OR  MAY  NEED  TO  REGISTER  IN  ANY  VOTING
 DISTRICT  IN NEW YORK STATE. ALL ACTIVE ELIGIBLE DETAINEE VOTERS WHO ARE
 DETAINED OR CONFINED AT A CORRECTIONAL OR  LOCAL  CORRECTIONAL  FACILITY
 MAY  CHOOSE,  IN  LIEU  OF VOTING AT A CORRECTIONAL POLLING PLACE, TO BE
 PROVIDED ABSENTEE BALLOT APPLICATIONS PURSUANT TO SECTION 8-400 OF  THIS
 ARTICLE,  PROVIDED,  HOWEVER,  THAT  SUCH  CHOICE SHALL NOT PREVENT SAID
 ELIGIBLE VOTERS FROM CASTING  THEIR  VOTE  BY  ALTERNATE  MEANS  IN  THE
 CORRECTIONAL  POLLING  PLACE  IN  LIEU  OF AN ALREADY REQUESTED ABSENTEE
 BALLOT.
   3. THE ESTABLISHMENT OF CORRECTIONAL POLLING PLACES UNDER THIS SECTION
 SHALL BE IN ADDITION 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 PREJU-
 DICE THE APPLICATION OF THE EQUITABLE SITING FACTORS  THEREIN.  FOR  THE
 PURPOSES  OF  FACILITATING  VOTING DURING THE EARLY VOTING PERIOD WITHIN
 CORRECTIONAL AND LOCAL CORRECTIONAL  FACILITIES,  COUNTY,  MUNICIPALITY,
 AND  NEW  YORK  CITY  BOARDS  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.
   4. BOARDS OF ELECTIONS MUST ESTABLISH A PLAN TO  CREATE  AND  MAINTAIN
 CORRECTIONAL POLLING PLACES NO LATER THAN SIX MONTHS PRIOR TO THE SUBSE-
 QUENT  ELECTION.  SUCH  PLAN  MUST  DESCRIBE THE PROCESS IN WHICH VOTING
 MACHINES WILL BE SELECTED, BY WHAT  TIME  THEY  WILL  BE  SELECTED,  HOW
 CORRECTIONAL  POLLING  PLACES WILL BE STAFFED, THE WAY IN WHICH RELEVANT
 INFORMATION TO UPDATE VOTER STATUS WILL BE COLLECTED FROM STATE OR COUN-
 TY AUTHORITIES, HOW VOTING WILL BE ENCOURAGED AND HOW DETAINED  INDIVID-
 UALS WILL BE EDUCATED WITHIN CORRECTIONAL AND LOCAL CORRECTIONAL FACILI-
 TIES,  AND  ANY AND ALL OTHER INFORMATION DEEMED NECESSARY TO EFFECTUATE
 POLLING PLACE USAGE WITHIN A CORRECTIONAL OR LOCAL CORRECTIONAL  FACILI-
 TY.  SUCH  PLAN  SHALL  NOT  ABRIDGE  OR  REMOVE  ANY  DUTY THE BOARD OF
 ELECTIONS MAY HAVE REGARDING THE PROVISION OF ABSENTEE BALLOTS REQUESTED
 BY A DETAINED INDIVIDUAL. SUCH PLAN MUST BE  CLEARLY  AND  CONSPICUOUSLY
 AVAILABLE  TO  THE PUBLIC, INCLUDING, BUT NOT LIMITED TO, POSTING ON THE
 WEBSITE FOR THE BOARD OF ELECTIONS, RELEASING NOTICE OF THE  RELEASE  OF
 SUCH  PLAN  WITHIN  THE  LOCAL  PAPER  OF  RECORD,  AND NOTIFICATION AND
 DISTRIBUTION, THROUGH EITHER PHYSICAL OR  ELECTRONIC  METHODS,  OF  SUCH
 PLAN TO PUBLIC DEFENDER OFFICES AND COMMUNITY-BASED ORGANIZATIONS. FAIL-
 URE  TO  ADHERE TO ANY TIMELINE DESCRIBED WITHIN THE PLAN MAY BE CONSID-
 ERED AN ACT OF OBSTRUCTING THE VOTE SUBJECT TO  PENALTIES  DESCRIBED  IN
 SECTION 8-114 OF THIS TITLE.
   § 8-111. POLLING PLACE ASSIGNMENT OF DETAINED INDIVIDUALS. PURSUANT TO
 SECTION  18-102  OF  THIS  CHAPTER,  UPON THE DETENTION OF A PERSON AT A
 CORRECTIONAL OR LOCAL CORRECTIONAL FACILITY, SUCH DETAINED PERSON WHO IS
 REGISTERED TO VOTE SHALL HAVE  THEIR  VOTER  STATUS  CHANGED  TO  ACTIVE
 ELIGIBLE  DETAINEE STATUS, AND BOARDS OF ELECTIONS SHALL ENSURE THAT ALL
 VOTERS WITH ACTIVE ELIGIBLE DETAINEE STATUS  WITHIN  THEIR  JURISDICTION
 A. 7857                             4
 
 ARE  ASSIGNED  TO  A  CORRECTIONAL  POLLING  PLACE  AT  THEIR  PLACE  OF
 DETENTION.  UPON RELEASE FROM DETENTION OR TRANSFER TO A NEW CORRECTION-
 AL OR LOCAL CORRECTIONAL FACILITY,  ELIGIBLE  VOTERS  SHALL  HAVE  THEIR
 VOTER  STATUS UPDATED TO REFLECT THEIR NEW STATUS BY THE COUNTY BOARD OF
 ELECTIONS PURSUANT TO PARAGRAPHS (B) AND (C)  OF  SUBDIVISION  THREE  OF
 SECTION 18-102 OF THIS CHAPTER.
   §  8-112.  VOTING  RIGHTS; CORRECTIONAL AND LOCAL CORRECTIONAL FACILI-
 TIES. 1. EACH CORRECTIONAL AND LOCAL CORRECTIONAL  FACILITY  SHALL  MAKE
 AVAILABLE CURRENT NON-PARTISAN RESOURCE MATERIALS, MAINTAINED BY THE NEW
 YORK  STATE BOARD OF ELECTIONS AND LOCAL BOARDS OF ELECTIONS, CONTAINING
 DETAILED INFORMATION REGARDING THE VOTING RIGHTS OF AN  ACTIVE  ELIGIBLE
 DETAINED INDIVIDUAL.
   2.  THE  CURRENT RESOURCE MATERIALS DESCRIBED UNDER SUBDIVISION ONE OF
 THIS SECTION SHALL BE PROVIDED: (A) UPON INTAKE OF A PERSON FROM A COUN-
 TY OR CITY COURT; (B) UPON TRANSFER OF A PERSON FROM ONE CORRECTIONAL OR
 LOCAL CORRECTIONAL FACILITY TO ANOTHER;  AND  (C)  UPON  SENTENCING  AND
 CONVICTION OF AN ACTIVE ELIGIBLE DETAINED INDIVIDUAL.
   § 8-113. VOTING RIGHTS INFORMATION ABOUT POLLING PLACES IN CORRECTION-
 AL  AND  LOCAL CORRECTIONAL FACILITIES. 1. THE SHERIFF SHALL MAKE AVAIL-
 ABLE TO ALL ACTIVE ELIGIBLE DETAINED PERSONS IN  THEIR  CUSTODY  CURRENT
 RESOURCE  MATERIALS,  MAINTAINED  BY  THE  LOCAL  BOARD  OF ELECTIONS OR
 ELECTIONS ADMINISTRATOR, CONTAINING DETAILED INFORMATION  REGARDING  THE
 VOTING RIGHTS OF AN ACTIVE ELIGIBLE DETAINED PERSON TO VOTE VIA ABSENTEE
 OR  EARLY MAIL BALLOT OR IN-PERSON AT A CORRECTIONAL POLLING PLACE. THIS
 INFORMATION SHALL BE SHARED IN THE FOLLOWING FORMATS:
   (A) IN PRINT TO DETAINED INDIVIDUALS IN ADVANCE OF ABSENTEE  OR  EARLY
 MAIL  VOTING  DEADLINES  OR  EARLY  VOTING IN-PERSON AT THE CORRECTIONAL
 POLLING PLACE;
   (B) WHERE THERE IS  ACCESS  TO  HANDHELD  ELECTRONIC  DEVICES  AT  THE
 CORRECTIONAL  OR  LOCAL  CORRECTIONAL  FACILITY, THE SHERIFF SHALL SHARE
 INFORMATION ABOUT THE CORRECTIONAL POLLING PLACE ON THE INTERNAL  INTRA-
 NET OR ETHERNET WEBSITE FOR SUCH FACILITY;
   (C)  IN  A VISIBLE, HIGH TRAFFIC LOCATION OR LOCATIONS ON THE PREMISES
 OF EACH FACILITY, INCLUDING, BUT NOT LIMITED TO, THE LAW LIBRARY, GYMNA-
 SIUMS, AND RECREATIONAL ROOMS, WHERE NOTICES ARE CUSTOMARILY POSTED; AND
   (D) BY DISSEMINATION BY NON-PARTISAN  VOLUNTEERS  AND  COMMUNITY-BASED
 ADVOCATES  OF  VOTER EDUCATION AND MATERIALS ABOUT WHAT IS ON THE BALLOT
 TO DETAINED INDIVIDUALS IN WRITTEN AND ELECTRONIC FORMAT.
   2. SHERIFFS SHALL PROVIDE FOR VOTING EDUCATIONAL SESSIONS, HELD MULTI-
 PLE TIMES PER YEAR, THAT ARE LED BY DETAINED PERSONS  IN  THEIR  CUSTODY
 AND  MAY SEEK THE ASSISTANCE OF COMMUNITY-BASED ORGANIZATIONS IN FACILI-
 TATING THESE SESSIONS.
   § 8-114. PROHIBITION AND REMEDIES. 1. NO PERSON OR ENTITY MAY OBSTRUCT
 THE ESTABLISHMENT OR USE OF A POLLING PLACE  WITHIN  A  CORRECTIONAL  OR
 LOCAL CORRECTIONAL FACILITY OR THE RIGHT OF ANY ACTIVE ELIGIBLE DETAINED
 PERSON  TO REGISTER TO VOTE OR TO VOTE. OBSTRUCTION INCLUDES, BUT IS NOT
 LIMITED TO, THE REFUSAL TO UPDATE THE VOTER STATUS OF  A  DETAINEE,  THE
 KNOWING  OR  NEGLIGENT  IMPEDIMENT OF THE USE AND PLACEMENT OF A POLLING
 PLACE WITHIN A CORRECTIONAL OR LOCAL CORRECTIONAL FACILITY, THE  FAILURE
 TO  ESTABLISH  SUFFICIENT  EARLY  VOTING  POLLING PLACES ON THE BASIS OF
 USING A POLLING PLACE IN A CORRECTIONAL OR LOCAL CORRECTIONAL  FACILITY,
 THE REFUSAL TO ALLOW A DETAINED INDIVIDUAL TO VOTE AT A POLLING PLACE IN
 LIEU  OF  USING  A  REQUESTED  ABSENTEE  BALLOT, REFUSING TO COMPLY WITH
 REPORTING REQUIREMENTS ESTABLISHED BY STATUTE OR ANY ACTION THAT  UNDER-
 MINES THE SPIRIT AND INTENT OF SECTION 8-109 OF THIS TITLE OR FAILING TO
 PROVIDE EQUITABLE ACCESS TO SUFFRAGE FOR DETAINED INDIVIDUALS.
 A. 7857                             5
 
   2.  (A)  ANY AGGRIEVED PERSONS, ORGANIZATION WHOSE MEMBERSHIP OR WHOSE
 CLIENTS  OR  CLIENTELE  INCLUDES  AGGRIEVED  PERSONS  OR  MEMBERS  OF  A
 PROTECTED  CLASS, ORGANIZATION WHOSE MISSION, IN WHOLE OR IN PART, IS TO
 ENSURE VOTING ACCESS AND SUCH MISSION WOULD BE HINDERED BY  A  VIOLATION
 OF  THIS SECTION, OR THE ATTORNEY GENERAL MAY FILE AN ACTION PURSUANT TO
 THIS SECTION IN THE SUPREME COURT OF THE COUNTY  IN  WHICH  THE  ALLEGED
 VIOLATION OF THIS SECTION OCCURRED.
   (B) BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND
 IRREPARABLE HARM OF HOLDING ELECTIONS UNDER UNLAWFUL CONDITIONS, AND THE
 EXPENDITURE  TO  DEFEND  POTENTIALLY UNLAWFUL CONDITIONS ACTIONS BROUGHT
 PURSUANT TO THIS SECTION SHALL BE  SUBJECT  TO  EXPEDITED  PRETRIAL  AND
 TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFERENCE.
   3. (A) UPON A FINDING OF A VIOLATION OF ANY PROVISION OF THIS ARTICLE,
 THE  COURT SHALL IMPLEMENT APPROPRIATE REMEDIES THAT ARE TAILORED TO THE
 VIOLATION, INCLUDING BUT NOT LIMITED TO PROVIDING FOR ADDITIONAL TIME TO
 CAST A BALLOT THAT MAY BE COUNTED IN THE ELECTION AT ISSUE AND  EXTENDED
 POLLING  PLACE HOURS UNTIL ALL ELIGIBLE DETAINED INDIVIDUALS ARE ABLE TO
 CAST THEIR BALLOT.
   (B) IN ANY ACTION ALLEGING A VIOLATION OF  THIS  SECTION  IN  WHICH  A
 PLAINTIFF  PARTY  SEEKS  PRELIMINARY  RELIEF WITH RESPECT TO AN UPCOMING
 ELECTION, THE COURT SHALL GRANT RELIEF IF IT DETERMINES THAT:
   (I) THE PLAINTIFFS ARE MORE LIKELY THAN NOT TO SUCCEED ON THE  MERITS;
 AND
   (II)  IT  IS  POSSIBLE  TO  IMPLEMENT AN APPROPRIATE REMEDY THAT WOULD
 RESOLVE THE ALLEGED VIOLATION IN THE UPCOMING ELECTION.
   4. (A) ANY PARTY WHO SHALL VIOLATE  ANY  OF  THE  PROVISIONS  OF  THIS
 SECTION  OR  WHO  SHALL  AID  IN THE VIOLATION OF ANY OF SAID PROVISIONS
 SHALL BE LIABLE TO ANY PREVAILING PLAINTIFF PARTY FOR DAMAGES, INCLUDING
 NOMINAL DAMAGES, FOR ANY VIOLATION, AND COMPENSATORY OR PUNITIVE DAMAGES
 FOR ANY INTENTIONAL VIOLATION, AS WELL AS REASONABLE  COSTS,  ATTORNEYS'
 FEE,  AND  LITIGATION  EXPENSES  INCLUDING,  BUT  NOT LIMITED TO, EXPERT
 WITNESS FEES AND EXPENSES AS PART OF THE COSTS.
   (B) A PLAINTIFF WILL BE DEEMED TO HAVE PREVAILED IN  AN  ACTION  UNDER
 THIS SECTION WHEN, AS A RESULT OF LITIGATION, THE DEFENDANT PARTY YIELDS
 ALL OR A PORTION OF THE RELIEF SOUGHT IN THE SUIT.
   5. THE RIGHTS AND REMEDIES ESTABLISHED BY THIS SECTION ARE IN ADDITION
 TO ALL OTHER RIGHTS AND REMEDIES PROVIDED BY LAW, AND NEITHER THE RIGHTS
 AND REMEDIES ESTABLISHED BY THIS SECTION NOR ANY OTHER PROVISION OF THIS
 CHAPTER  SHALL  SUPERSEDE, RESTRICT, OR LIMIT THE APPLICATION OF THE NEW
 YORK VOTING RIGHTS ACT.
   § 6. Section 3-102 of the election law is  amended  by  adding  a  new
 subdivision 12-a to read as follows:
   12-A.  PROVIDE  REPORTING  ON  THE  NUMBER  OF INDIVIDUALS DETAINED IN
 CORRECTIONAL AND LOCAL CORRECTIONAL FACILITIES  WHO  ARE  REGISTERED  TO
 VOTE  AND  WHO  EXERCISED  THEIR RIGHT TO VOTE AFTER EACH ELECTION. SUCH
 REPORT WILL BE SUPPLIED TO THE GOVERNOR, LEGISLATURE, AND PUBLIC  WITHIN
 SIXTY  DAYS  OF  THE  MOST  RECENT  PRIOR  ELECTION; SUCH A REPORT SHALL
 INCLUDE THE NUMBER OF SUCH INDIVIDUALS WHO CAST A BALLOT IN THE  FACILI-
 TIES,  BY WHAT MEANS THOSE INDIVIDUALS VOTED, AND WILL ALSO INDICATE THE
 NUMBER OF VOTING MACHINES, STAFF NUMBERS, AND HOURS OF OPERATION FOR ANY
 POLLING PLACES REQUIRED BY SECTION 8-109 OF THIS CHAPTER TO  BE  PRESENT
 AND ACCESSIBLE TO ALL ACTIVE ELIGIBLE DETAINEES.
   § 7. The election law is amended by adding a new article 18 to read as
 follows:
                                ARTICLE 18
                    VOTING BY ACTIVE ELIGIBLE DETAINEES
 A. 7857                             6
 
 SECTION 18-101. ACTIVE ELIGIBLE DETAINEE; RIGHT TO VOTE.
         18-102. AUTOMATIC CHANGE OF VOTER STATUS.
         18-103. REPORTING FOR THE PURPOSES OF CHANGING VOTER STATUS.
         18-104. REGULATIONS.
   §  18-101.  ACTIVE ELIGIBLE DETAINEE; RIGHT TO VOTE. 1. DETAINED INDI-
 VIDUALS IN ANY CORRECTIONAL  OR  LOCAL  CORRECTIONAL  FACILITY  WHO  ARE
 REGISTERED  TO VOTE AND ARE OTHERWISE ELIGIBLE SHALL BE ENTITLED TO VOTE
 AT A CORRECTIONAL POLLING PLACE AS FULLY AS IF PRESENT  AT  THE  POLLING
 PLACE  IN  THEIR  DISTRICT OF RESIDENCE OR LAST DOMICILE IN THE STATE OF
 NEW YORK, AND TO REGISTER TO VOTE AND TO VOTE  USING  ANY  OTHER  METHOD
 PROVIDED FOR IN THIS CHAPTER, ALL WITHOUT ANY EXCEPTION RELATED TO THEIR
 STATUS  OF  DETENTION. THE DESIGNATION OF ACTIVE ELIGIBLE DETAINEE SHALL
 IN NO WAY PROHIBIT OR PROSCRIBE A PERSON WHO IS LEGALLY ABLE TO REGISTER
 TO VOTE AND TO VOTE ON THE SAME DAY FROM DOING SO.
   2. IT IS THE AFFIRMATIVE OBLIGATION OF CORRECTIONAL OR  LOCAL  CORREC-
 TIONAL  FACILITIES, BOARDS OF ELECTIONS, AND ANY INTERFACING AGENCIES TO
 ENSURE THAT ALL ELIGIBLE VOTERS WITHIN CORRECTIONAL OR LOCAL CORRECTION-
 AL FACILITIES ARE EXTENDED MAXIMAL, UNCOMPROMISING, AND EQUITABLE ACCESS
 TO THE BALLOT.
   § 18-102. AUTOMATIC CHANGE OF VOTER STATUS. 1. IN CONJUNCTION WITH THE
 COUNTY BOARDS OF ELECTIONS, THE STATE BOARD OF ELECTIONS SHALL ALLOW  AN
 INDIVIDUAL'S  VOTER  STATUS  TO  BE  CHANGED TO AND FROM ACTIVE ELIGIBLE
 DETAINEE.
   2. IN CONJUNCTION WITH THE COUNTY BOARDS OF ELECTIONS, THE STATE BOARD
 OF ELECTIONS SHALL PROVIDE THAT A PERSON THAT HAS BEEN  ASSIGNED  ACTIVE
 ELIGIBLE  DETAINEE  STATUS  SHALL BE AUTOMATICALLY ASSIGNED TO A CORREC-
 TIONAL POLLING PLACE COMPLIANT WITH SECTION 8-109  OF  THIS  CHAPTER  AT
 THEIR  PLACE  OF  DETENTION  FOR  THE PURPOSES OF VOTING IN ELECTIONS IN
 THEIR DISTRICT OF RESIDENCE OR LAST DOMICILE IN THE STATE OF NEW YORK. A
 PERSON WHOSE VOTER STATUS IS CHANGED FROM ACTIVE  ELIGIBLE  DETAINEE  TO
 ANY  OTHER  ACTIVE  VOTER  STATUS SHALL BE AUTOMATICALLY ASSIGNED TO THE
 APPROPRIATE POLLING PLACE IN THEIR DISTRICT OF RESIDENCE OR  LAST  DOMI-
 CILE IN THE STATE OF NEW YORK.
   3. IN CONJUNCTION WITH THE COUNTY BOARDS OF ELECTIONS, THE STATE BOARD
 OF  ELECTIONS  SHALL  FACILITATE THE AUTOMATIC CHANGE TO AND FROM ACTIVE
 ELIGIBLE DETAINEE STATUS TRIGGERED BY ANY ALTERATION  OF  THE  DETENTION
 STATUS OF AN INDIVIDUAL AS DESCRIBED IN THIS SUBDIVISION:
   (A)  WHEN AN INDIVIDUAL IS INITIALLY INCARCERATED AT A CORRECTIONAL OR
 LOCAL CORRECTIONAL FACILITY AS A RESULT OF ARREST,  CONVICTION,  OR  ANY
 OTHER  GOVERNMENT  ACTION  AND  SUCH PERSON IS REGISTERED TO VOTE AND IS
 OTHERWISE ELIGIBLE TO  VOTE,  THE  CORRECTIONAL  OR  LOCAL  CORRECTIONAL
 FACILITY  SHALL  COORDINATE  WITH  THE COUNTY BOARD OF ELECTIONS SO THAT
 SUCH PERSON'S VOTER STATUS IS UPDATED TO ACTIVE ELIGIBLE DETAINEE.
   (B) IF AND WHEN A PERSON  WITH  ACTIVE  ELIGIBLE  DETAINEE  STATUS  IS
 TRANSFERRED  FROM  ONE  CORRECTIONAL OR LOCAL CORRECTIONAL FACILITY TO A
 DIFFERENT CORRECTIONAL OR LOCAL CORRECTIONAL FACILITY, SUCH PERSON SHALL
 AUTOMATICALLY BE REASSIGNED TO A CORRECTIONAL POLLING PLACE THEREIN.
   (C) IF AND WHEN A PERSON  WITH  ACTIVE  ELIGIBLE  DETAINEE  STATUS  IS
 RELEASED  FROM  A  CORRECTIONAL  OR  LOCAL  CORRECTIONAL  FACILITY, SUCH
 PERSON'S VOTER STATUS SHALL BE AUTOMATICALLY  UPDATED  TO  REFLECT  SUCH
 RELEASE.
   §  18-103.  REPORTING FOR THE PURPOSES OF CHANGING VOTER STATUS. 1. IT
 SHALL BE THE DUTY OF THE SHERIFF OF A CORRECTIONAL OR LOCAL CORRECTIONAL
 FACILITY TO REPORT TO THE APPROPRIATE COUNTY BOARD  OF  ELECTIONS  OFFI-
 CIALS  RECORDS  OF  THE NAMES OF ALL PERSONS OF VOTING AGE WHO HAVE BEEN
 DETAINED WITHIN THE FACILITY OR WHO HAVE TRANSFERRED OUT OF THE  FACILI-
 A. 7857                             7
 
 TY,  EITHER THROUGH TRANSFER TO A DIFFERENT FACILITY OR RELEASE FROM THE
 FACILITY.  PERTINENT RECORDS SHALL BE ARRANGED BY  COUNTY  OF  RESIDENCE
 AND  SHALL  INCLUDE  THE NAME, RESIDENCE ADDRESS, AND BIRTH DATE OF EACH
 SUCH PERSON.
   2.  REPORTING OF INTAKE, TRANSFER, AND RELEASE OF DETAINED INDIVIDUALS
 BY THE SHERIFF SHALL HAPPEN REGULARLY, AT A FREQUENCY TO  BE  DETERMINED
 BY  THE COUNTY BOARD OF ELECTIONS IN CONJUNCTION WITH THE SHERIFF OF THE
 CORRECTIONAL OR LOCAL CORRECTIONAL FACILITY, BUT  SHALL  OCCUR  NO  LESS
 THAN  ONCE A MONTH AND SHALL INCREASE IN FREQUENCY TO ONCE A WEEK WITHIN
 THE THREE MONTHS BEFORE AN UPCOMING ELECTION AND AGAIN TO  DAILY  DURING
 THE EARLY VOTING AND ELECTION DAY PERIOD.
   3.  EACH COUNTY BOARD OF ELECTIONS SHALL ENSURE THAT, PURSUANT TO THIS
 SECTION, EACH PERSON DETAINED WITHIN A CORRECTIONAL OR LOCAL CORRECTION-
 AL FACILITY WHO IS REGISTERED TO VOTE IS ASSIGNED  THE  ACTIVE  ELIGIBLE
 DETAINEE  STATUS PRIOR TO ANY SPECIAL, PRIMARY, OR GENERAL ELECTION. THE
 ASSIGNMENT OF SUCH STATUS SHALL BE DONE REGULARLY, BUT SHALL BE NO  LESS
 THAN  ONCE A MONTH AND SHALL INCREASE IN FREQUENCY TO ONCE A WEEK WITHIN
 THE THREE MONTHS BEFORE AN ELECTION AND AGAIN TO DAILY DURING THE  EARLY
 VOTING AND ELECTION DAY PERIOD.
   4.  ANY  RECORD,  DOCUMENT,  OR DATA CONTAINING PERSONALLY IDENTIFYING
 INFORMATION OF AN INDIVIDUAL'S ACTIVE ELIGIBLE DETAINEE STATUS SHALL  BE
 EXEMPT FROM PUBLIC DISCLOSURE. SUCH INFORMATION MAY ONLY BE EXCHANGED BY
 A SHERIFF OF A CORRECTIONAL OR LOCAL CORRECTIONAL FACILITY AND OFFICIALS
 AT THE APPROPRIATE BOARD OF ELECTIONS AND ONLY FOR THE PURPOSE OF FACIL-
 ITATING VOTING CONSISTENT WITH THE MANDATES OF THIS ARTICLE.
   §  18-104.  REGULATIONS. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE
 RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   § 8. 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  AND THEIR ACCOMPANYING
 STAFF, 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 BIPARTISAN BOARDS OF  ELECTIONS  OFFICIALS  AND  INSPECTORS
 APPOINTED BY THE BOARD OF ELECTIONS IN THE COUNTY WHERE ANY SUCH FACILI-
 TY  IS  SITUATED  OR  THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK, IN
 ORDER TO DISCHARGE THEIR DUTIES UNDER SECTION 8-109 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]
 INCARCERATED INDIVIDUALS 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  West-
 chester, the commissioner of correction of such county shall prescribe.
   § 9. 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
 A. 7857                             8
 
 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 coun-
 ty wherein any such facility  is  situated,  AND  BIPARTISAN  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 SECTION 8-109 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  regu-
 lations as the commissioner shall prescribe.
   §  10.  Severability.  If any provision of this act or the application
 thereof to any person, political  subdivision,  governmental  entity  or
 circumstance  is  held  invalid,  such invalidity shall not affect other
 provisions or applications of the act which can be given effect  without
 the  invalid provision or application, and to this end the provisions of
 this act are declared to be severable.
   § 11. This act shall take effect on  the  one  hundred  eightieth  day
 after  it shall have become a law; provided, however, that sections four
 and seven of this act shall take  effect  immediately.  Effective  imme-
 diately, 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.