STATE OF NEW YORK ________________________________________________________________________ 4517 2023-2024 Regular Sessions IN ASSEMBLY February 16, 2023 ___________ Introduced by M. of A. EPSTEIN, KIM, MITAYNES, MAMDANI, ANDERSON, SIMON, FORREST, GONZALEZ-ROJAS -- read once and referred to the Committee on Election Law AN ACT to amend the election law and the correction law, in relation to promoting voter registration and voting by incarcerated people; 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: 1 Section 1. Section 5-104 of the election law is amended by adding a 2 new subdivision 1-a to read as follows: 3 1-a. For the purpose of registering and voting, an incarcerated person 4 in a state or local correctional facility shall be considered a resident 5 of the address he or she resided at prior to his or her incarceration. 6 § 2. Subdivisions 2, 3, 4 and 5 of section 5-106 of the election law 7 are REPEALED and subdivision 6 is renumbered subdivision 2. 8 § 3. Subdivision 1 of section 5-400 of the election law, as amended by 9 chapter 659 of the laws of 1994, paragraph (a) as amended by chapter 3 10 of the laws of 2019, is amended and a new subdivision 1-a is added to 11 read as follows: 12 1. A voter's registration, including the registration of a voter in 13 inactive status, shall be cancelled if, since the time of his or her 14 last registration, he or she: 15 (a) Moved his or her residence outside the state. 16 (b) [Was convicted of a felony disqualifying him from voting pursuant 17 to the provisions of section 5-106 of this article. 18 (c)] Has been adjudicated an incompetent. 19 [(d)] (c) Refused to take a challenge oath. 20 [(e)] (d) Has died. 21 [(f)] (e) Did not vote in any election conducted by the board of 22 elections during the period ending with the second general election at 23 which candidates for federal office are on the ballot after his or her EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07492-01-3
A. 4517 2 1 name was placed in inactive status and for whom the board of elections 2 did not, during such period, in any other way, receive any information 3 that such voter still resides in the same county or city. 4 [(g)] (f) Personally requested to have his or her name removed from 5 the list of registered voters. 6 [(h)] (g) For any other reason, is no longer qualified to vote as 7 provided in this chapter. 8 1-a. A voter's registration shall not be cancelled while he or she is 9 incarcerated in a state or local correctional facility and no munici- 10 pality shall enact any local law, rule, regulation or ordinance that 11 prevents or restricts an incarcerated person's ability to register or 12 vote. 13 § 4. Subdivision 2 of section 5-708 of the election law is REPEALED 14 and subdivisions 3, 4, 5, 6 and 7, subdivision 3 as renumbered by chap- 15 ter 659 of the laws of 1994, are renumbered subdivisions 2, 3, 4, 5 and 16 6. 17 § 5. Subdivision 3 of section 5-708 of the election law, as added by 18 chapter 659 of the laws of 1994 and as renumbered by section four of 19 this act, paragraph a as amended by chapter 200 of the laws of 1996, is 20 amended to read as follows: 21 3. a. If a board of elections receives any notices pursuant to the 22 provisions of [subdivisions] subdivision two [and three] of this section 23 which set forth a residence address outside of the city or county of 24 such board's jurisdiction, it shall, at least once a month, transmit 25 such notices to the appropriate board of elections, or, if such address 26 is outside the state, to the state board of elections. 27 b. The state board shall arrange such notices and the names received 28 pursuant to the other provisions of this section by county of residence 29 and transmit such notices [and any notices of conviction for a felony 30 received from a United States attorney] to the appropriate board of 31 elections. 32 c. If any such notices, or names received pursuant to the other 33 provisions of this section, set forth a residence address outside New 34 York state, the state board shall transmit such notices to the chief 35 state election official of such state at such times and in such manner 36 as it deems appropriate. 37 § 6. Section 75 of the correction law, as amended by chapter 103 of 38 the laws of 2021, is amended to read as follows: 39 § 75. Notice of voting rights. 1. The department, in collaboration 40 with the state and county boards of election, shall establish a program 41 to promote voter registration and voting by incarcerated people. Such 42 program shall include: 43 (a) development and distribution of a voter information guide to be 44 distributed to incarcerated people and shall include but not be limited 45 to the following information: 46 (i) important dates and deadlines; 47 (ii) registration requirements and instructions; 48 (iii) how to request and cast an absentee ballot while incarcerated; 49 and 50 (iv) resources for any additional questions; and 51 (b) voter information and registration clinics for incarcerated 52 people. Such clinics shall: 53 (i) be held every other year to coincide with election cycles; 54 (ii) be held at least ninety days prior to an election to allow 55 adequate time for voter registration and the requesting and mailing of 56 absentee ballots;
A. 4517 3 1 (iii) inform incarcerated people of: 2 (A) their ability to vote while incarcerated; 3 (B) important dates and deadlines; 4 (C) registration requirements and instructions; and 5 (D) guidance on requesting and casting absentee ballots while incar- 6 cerated; and 7 (iv) serve as voter registration drives for qualified incarcerated 8 people. A department staff member or designee shall be available to 9 assist incarcerated people in filling out paper or electronic registra- 10 tion forms and to provide the appropriate address for the mailing of 11 completed registration forms. 12 2. Prior to the release from a correctional facility of any person the 13 department shall [notify such person verbally and in writing, that his 14 or her voting rights will be restored upon release and] provide such 15 person with a form of application for voter registration and a declina- 16 tion form, offer such person assistance in filling out the appropriate 17 form, and provide such person written information distributed by the 18 board of elections on the importance and the mechanics of voting. Upon 19 release, such person may choose to either submit his or her completed 20 application to the state board or county board where such person resides 21 or have the department transmit it on his or her behalf. Where such 22 person chooses to have the department transmit the application, the 23 department shall transmit the completed application upon such person's 24 release to the state board or county board where such person resides. 25 § 7. This act shall take effect on the same date as a "CONCURRENT 26 RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to sections 27 1 and 3 of article 2 of the constitution, in relation to authorizing 28 voting by incarcerated people" takes effect. Effective immediately, the 29 addition, amendment and/or repeal of any rule or regulation necessary 30 for the implementation of this act on its effective date are authorized 31 to be made and completed on or before such effective date.