STATE OF NEW YORK ________________________________________________________________________ 2121 2025-2026 Regular Sessions IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. WALKER, TAPIA, MEEKS, SHRESTHA, RAGA, SIMON -- read once and referred to the Committee on Election Law AN ACT to amend the election law, the correction law and the New York city charter, 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: 1 Section 1. This act shall be known and may be cited as the "Democracy 2 During Detention Act". 3 § 2. The election law is amended by adding a new section 8-109 to read 4 as follows: 5 § 8-109. Polling places at correctional facilities and local correc- 6 tional facilities. 1. For purposes of facilitating voting by residents 7 of correctional facilities and local correctional facilities, as such 8 terms are defined in section two of the correction law, the board of 9 elections of each county may establish by majority vote, in lieu of the 10 absentee balloting program set forth in subdivisions one through fifteen 11 of section 8-407 of this article, a polling place at any such facility 12 for at least three hours of operation beginning the tenth day prior to 13 any general, primary, run-off primary pursuant to subdivision one of 14 section 6-162 of this chapter or special election for any public or 15 party position, and ending on and including the ninth day prior to such 16 general, primary, run-off primary or special election for such public 17 office or party position. Any such polling place shall be established 18 in compliance with the early voting provisions of paragraphs (d) and (e) 19 of subdivision four and subdivisions five through eleven of section 20 8-600 of this article, section 8-604 of this article regarding registra- 21 tion during early voting, and subdivision one-a of section 4-104 of this 22 chapter. Voter access to polling places established pursuant to this 23 section shall be restricted to voters detained or confined at such 24 facility or related facilities and voters who are employees of such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00107-02-5
A. 2121 2 1 facilities, who are registered to vote in the county where such facility 2 is located. All other eligible voters who are detained or confined at 3 such facility or who are employees of such facility shall be provided 4 with voter registration forms and absentee ballot applications pursuant 5 to section 8-415 of this article. The establishment of polling places 6 under this section shall be in addition to, and shall not diminish, the 7 minimum quantity of early voting locations required by subdivision two 8 of section 8-600 of this article, nor shall the fact of such establish- 9 ment alter or prejudice the application of the equitable siting factors 10 therein. The board of elections shall establish procedures or apply 11 procedures established for early voting, subject to approval of the 12 state board of elections, to ensure that persons who vote during the 13 early voting period shall not be permitted to vote subsequently in the 14 same election. 15 2. (a) For purposes of facilitating voting by residents of correction- 16 al facilities and local correctional facilities, as such terms are 17 defined in section two of the correction law, the board of elections in 18 the city of New York may establish by majority vote, in lieu of the 19 absentee balloting program set forth in subdivisions one through fifteen 20 of section 8-407 of this article, a polling place at any such facility 21 for at least six hours of operation beginning the tenth day prior to any 22 general, primary, run-off primary pursuant to subdivision one of section 23 6-162 of this chapter or special election for any public or party posi- 24 tion, and ending on and including the eighth day prior to such general, 25 primary, run-off primary or special election for such public office or 26 party position. Any such polling place shall be established in compli- 27 ance with the provisions of paragraphs (d) and (e) of subdivision four 28 and subdivisions five through eleven of section 8-600 of this article, 29 section 8-604 of this article, and subdivision one-a of section 4-104 of 30 this chapter. Voter access to polling places established pursuant to 31 this section shall be restricted to voters detained or confined at such 32 facility or related facilities and voters who are employees of such 33 facilities, who are registered to vote in the county where such facility 34 is located. All other eligible voters who are detained or confined at 35 such facility or who are employees of such facility shall be provided 36 with voter registration forms and offered absentee ballot applications 37 pursuant to section 8-415 of this article. The establishment of polling 38 places under this section shall be in addition to, and shall not dimin- 39 ish, the minimum quantity of early voting locations required by subdivi- 40 sion two of section 8-600 of this article, nor shall the fact of such 41 establishment alter or prejudice the application of the equitable siting 42 factors therein. The board of elections shall establish procedures or 43 apply procedures established for early voting, subject to approval of 44 the state board of elections, to ensure that persons who vote during the 45 early voting period shall not be permitted to vote subsequently in the 46 same election. 47 (b) Without limiting the provisions of paragraph (a) of this subdivi- 48 sion, the board of elections in the city of New York, in performing its 49 obligations under paragraph (a) of this subdivision, shall conduct at 50 least one site visit between forty-five and thirty days prior to a 51 primary or general election to administer timely voter registration by 52 eligible citizens at each correctional or local correctional facility 53 for which a polling place will be established pursuant to paragraph (a) 54 of this subdivision using board of elections electronic tablets and 55 digital resources wherever possible to effectuate electronic voter 56 registration in accordance with section 5-802 of this title, resorting
A. 2121 3 1 to paper forms only in extenuating circumstances or where employing such 2 tablets and digital resources would be impracticable. 3 3. Prior to the establishment of a polling place pursuant to subdivi- 4 sion one or two of this section, the board of elections shall develop a 5 facility voter access plan in consultation and cooperation with and 6 countersigned by the facility's superintendent, administrator or direc- 7 tor, or their designated democracy officer or agent. Such plan shall 8 describe the dates, times, and location or locations where registration 9 and voting will take place; the proposed staffing levels; election 10 equipment, materials, and voting machines to be deployed; how detained 11 citizens will be informed of voter eligibility; the technology, elec- 12 tricity, and cybersecurity needed to effectuate the plan; and voting 13 procedures, security measures and other considerations relevant to 14 ensuring secure and accessible voter access for eligible voters located 15 at the facility. Such plan shall be submitted to the state board of 16 elections no later than ninety days prior to the first day of voting and 17 approved by the state board of elections with any amendments prescribed 18 by the state board of elections no later than seventy-five days prior to 19 the first day of voting and shall be a public record. 20 § 3. Subdivision 1 of section 8-406 of the election law, as amended by 21 section 2 of part HH of chapter 55 of the laws of 2022, is amended to 22 read as follows: 23 1. If the board shall find that the applicant is a qualified voter of 24 the election district containing [his] the applicant's residence as 25 stated in [his] the applicant's statement and that [his] the applicant's 26 statement is sufficient, it shall, as soon as practicable after it shall 27 have determined [his] the applicant's right thereto, mail to [him] the 28 applicant at an address designated by [him] the applicant, or deliver to 29 [him] the applicant, or to any person designated for such purpose in 30 writing by [him] the applicant, at the office of the board, such an 31 absentee voter's ballot or set of ballots and an envelope therefor. If 32 the ballot or ballots are to be sent outside of the United States to a 33 country other than Canada or Mexico, such ballot or ballots shall be 34 sent by air mail. However, if an applicant who is eligible for an 35 absentee ballot is a resident of a facility operated or licensed by, or 36 under the jurisdiction of, the department of mental hygiene, or a resi- 37 dent of a facility defined as a nursing home or residential health care 38 facility pursuant to subdivisions two and three of section two thousand 39 eight hundred one of the public health law, or a resident of a hospital 40 or other facility operated by the Veteran's Administration of the United 41 States, or a person detained or confined at a correctional facility or 42 local correctional facility, as such terms are defined in section two of 43 the correction law, such absentee ballot need not be so mailed or deliv- 44 ered to any such applicant but, may be delivered to the voter in the 45 manner prescribed by section 8-407 of this [chapter] title if such 46 facility is located in the county or city in which such voter is eligi- 47 ble to vote. 48 § 4. Section 8-407 of the election law, as added by chapter 296 of the 49 laws of 1988, subdivisions 1, 3 and 15 as amended by chapter 195 of the 50 laws of 2001, and subdivision 6 as amended by chapter 326 of the laws of 51 1989, is amended to read as follows: 52 § 8-407. Voting by residents of nursing homes, residential health care 53 facilities, facilities operated or licensed, or under the jurisdiction 54 of, the department of mental hygiene or hospitals [or], facilities 55 operated by the Veteran's Administration of the United States, or by 56 persons detained or confined at correctional facilities and local
A. 2121 4 1 correctional facilities. 1. The board of elections of a county or city 2 in which there is located at least one facility operated or licensed, or 3 under the jurisdiction of, the department of mental hygiene, or a facil- 4 ity defined as a nursing home or residential health care facility pursu- 5 ant to subdivisions two and three of section two thousand eight hundred 6 one of the public health law or an adult care facility subject to the 7 provisions of title two of article seven of the social services law, 8 [or] a hospital or other facility operated by the Veteran's Adminis- 9 tration of the United States, or correctional facilities or local 10 correctional facilities shall, subject to subdivision sixteen of this 11 section and section 8-109 of this article, provide and ensure that resi- 12 dents of, or persons detained or confined at, each such facility for 13 which such board has received twenty-five or more applications for 14 absentee ballots from voters who are eligible to vote by absentee ballot 15 in such city or county at such election, may vote by absentee ballot 16 [only] in the manner provided for in this section. Such board may, in 17 its discretion, provide that the procedure described in this subdivision 18 shall be applicable to all such facilities in such county or city with- 19 out regard to the number of absentee ballot applications received from 20 the residents of any such facility. 21 2. Such a board of elections shall appoint, in the same manner as 22 other inspectors, one or more bi-partisan boards of inspectors, each 23 composed of two such inspectors. Such inspectors may be regular employ- 24 ees of such board of elections or persons qualified in accordance with 25 subdivision six of section 3-400 of this chapter. All inspectors 26 appointed pursuant to this subdivision shall undergo the requisite 27 training and subscribe to the oath required of election inspectors 28 pursuant to sections 3-412 and 3-414 of this chapter. 29 3. Not earlier than [thirteen] twenty-one days before or later than 30 the day before such an election such a board of inspectors shall, 31 between the hours of [nine] seven o'clock in the morning and [five] 32 eight o'clock in the evening on one or more days, attend at each such 33 facility for the residents of which the board of elections has custody 34 of twenty-five or more absentee ballots or which otherwise qualifies 35 pursuant to subdivision sixteen of this section or, if the board of 36 elections has so provided, each such facility for which the board has 37 custody of one or more such absentee ballots, pursuant to the provisions 38 of this chapter. 39 4. Each such board of inspectors may attend at more than one facility, 40 provided, however, that no such board of inspectors shall be assigned to 41 attend at more facilities than it reasonably can be expected to complete 42 within the time specified by this section. 43 5. The board of elections shall deliver to each board of inspectors 44 voter registration forms, paper absentee ballot applications or tools 45 capable of providing eligible persons with access to complete and submit 46 or save such applications through the electronic voter registration or 47 absentee ballot application transmittal system and sufficient equipment 48 for the printing and issuance of absentee ballots or all the absentee 49 ballots in the custody of such board of elections which are addressed to 50 [residents of] voters at the facilities which such board of inspectors 51 is appointed for or assigned to attend, together with one or more port- 52 able voting booths of a type approved by the state board of elections 53 and such other supplies, including assistive devices and any reasonable 54 accommodations for persons with disabilities and interpretive resources 55 and personnel for those in need of language assistance, as such board of 56 inspectors will require to discharge its duties properly. Any completed
A. 2121 5 1 voter registration forms collected by such board of inspectors shall be 2 processed pursuant to sections 5-208 and 5-210 of this chapter, as 3 applicable. Any completed absentee ballot application forms collected by 4 such board of inspectors shall be treated as applications for an absen- 5 tee ballot delivered in person at the board of elections to the voter or 6 to an agent of the voter in accordance with paragraph (c) of subdivision 7 two of section 8-400 of this title and processed pursuant to section 8 8-402 of this title. 9 6. The board of elections, at least [twenty] forty-five days before 10 each such election, or, for facilities not set forth in subdivision 11 sixteen of this section, on the day after it shall have received the 12 requisite number of applications for absentee ballots from the residents 13 of any such facility, whichever is later, shall communicate with the 14 superintendent, administrator or director of each such facility or their 15 designated democracy officer or agent to arrange the [day] days and 16 [time] times when the board of inspectors will attend at such facility. 17 The board of elections shall keep a list of (a) the [day] days and 18 [time] times at which the board of inspectors will attend at each such 19 facility, (b) the number of applications for absentee ballots received 20 from any such facility, and (c) the number of absentee ballots returned 21 by voters at any such facility pursuant to this section as [a] public 22 [record] records at its office and deliver a copy of such records to the 23 state board of elections within seven days after certification of each 24 primary, general or special election. 25 7. It shall be the duty of each such superintendent, administrator or 26 director, or their designated democracy officer or agent, to assist the 27 board of inspectors attending or serving such facility in the discharge 28 of its duties, including, but not limited to making available to such 29 board of inspectors space and reasonable accommodations within such 30 facility suitable for the discharge of its duties. 31 8. The board of inspectors shall deliver each absentee ballot 32 addressed to a [resident of] voter located at each such facility to such 33 [resident] voter. If such [resident] voter is physically disabled the 34 inspectors shall, if necessary, deliver the ballot to such voter at 35 [his] their bedside. 36 9. The board of inspectors shall arrange the portable voting booth or 37 booths provided and effect such safeguards as may be necessary to 38 provide secrecy for the votes cast by such [residents] voters. 39 10. If such a [resident] voter is unable to mark [his] their ballot, 40 [he] they may be assisted in marking such ballot by the two members of 41 the board of inspectors or such other person as [he] they may select. If 42 a voter is unable to mark the ballot and unable to communicate how [he 43 wishes] they wish such ballot marked, such ballot shall not be cast. No 44 person who assists a voter to mark [his] their ballot pursuant to the 45 provisions of this section, shall disclose to any other person how any 46 such ballot was marked. 47 11. Except as otherwise provided in this section, all ballots cast 48 pursuant to this section shall be cast in the manner provided by this 49 chapter for the casting of absentee ballots. 50 12. After such ballots have been cast and sealed in the appropriate 51 envelopes, they shall be returned to such inspectors. 52 13. Upon completion of its duties, the board of inspectors shall 53 forthwith return all such ballots to the board of elections. 54 14. Any person, political committee or independent body entitled to 55 appoint watchers for the election district in which any such facility is 56 located at the election for which such absentee ballots are cast, shall
A. 2121 6 1 be entitled to appoint a watcher to attend such board of inspectors at 2 such facility. 3 15. All ballots cast pursuant to the provisions of this section which 4 are received before the close of the polls on election day by the board 5 of elections charged with the duty of casting and canvassing such 6 ballots, may be delivered to the inspectors of election in the manner 7 prescribed by this chapter or retained at the board of elections and 8 cast and canvassed pursuant to the provisions of section 9-209 of this 9 chapter as such board shall, in its discretion, determine pursuant to 10 the provisions of subdivision one of this section. 11 16. (a) With respect to correctional facilities and local correctional 12 facilities, as such terms are defined in section two of the correction 13 law, the board of elections in counties with at least one hundred thou- 14 sand registered voters shall provide that the eligible persons detained 15 or confined at any such facility in such county with seventy-five or 16 more persons detained or confined may vote by absentee ballot as 17 provided for in this section, without regard to the number of absentee 18 ballot applications received from eligible voters at any such facility. 19 With respect to eligible persons detained at such facility who are not 20 residents of the county in which such facility is located, the residual 21 duty to facilitate timely voter registration and absentee ballot access 22 pursuant to section 8-415 of this title shall still apply. All other 23 correctional facilities and local correctional facilities in such a 24 county shall be subject to the provisions of section 8-415 of this 25 title; provided, however, that a board of elections may provide absentee 26 balloting access in accordance with this subdivision to voters detained 27 or confined at such other correctional facilities and local correctional 28 facilities in lieu of such board of elections' obligations prescribed by 29 section 8-415 of this title. This subdivision shall not apply to any 30 facility where the persons detained or confined at such facility are 31 exclusively under the age of eighteen. 32 (b) Each board of elections subject to paragraph (a) of this subdivi- 33 sion shall develop a facility voter access plan in consultation and 34 cooperation with and countersigned by the facility's superintendent, 35 administrator or director, or their designated democracy officer or 36 agent. Such plan shall include written procedures to ensure orderly 37 administration of the absentee balloting program at each such facility, 38 in a manner such that all eligible persons have an effective opportunity 39 to register and vote. Such procedures shall include the delivery and 40 retrieval of electronic or paper voter registration forms, ballot 41 requests, and absentee ballots; describe the dates, times, and location 42 or locations where registration and voting will take place; the proposed 43 staffing levels; election equipment, materials, and any voting machines 44 to be deployed; how detained citizens will be informed of voter eligi- 45 bility; the technology, electricity, and cybersecurity needed to effec- 46 tuate the plan; and procedures, security measures and other consider- 47 ations relevant to ensuring secure and accessible voting at the 48 facility. This plan shall be submitted to the state board of elections 49 no later than ninety days prior to the first election day in which such 50 facility will participate in this program, and approved by the state 51 board of elections with any amendments prescribed by the state board of 52 elections no later than seventy-five days prior to such election day, 53 and shall be a public record. This paragraph shall not apply to facili- 54 ties where a board of elections establishes a polling place in accord- 55 ance with section 8-109 of this article.
A. 2121 7 1 (c) Without limiting the provisions of paragraph (a) of this subdivi- 2 sion, the board of elections in the city of New York, in performing its 3 obligations under paragraph (a) of this subdivision shall: 4 (i) ensure the adequate resource allocation and deployment, in a 5 manner consistent with that provided to voters who are not detained or 6 confined, of assistive devices and reasonable accommodations for persons 7 with disabilities pursuant to section 4-104 of this chapter, and inter- 8 pretive resources and language-related assistance in voting and 9 elections pursuant to section 17-208 of this chapter and in coordination 10 with the poll site language assistance program prescribed by paragraph 11 (a) of subdivision four of section thirty-two hundred two of the charter 12 of the city of New York, to the extent justified by the needs of the 13 voters actually detained or confined; 14 (ii) conduct at least one site visit between forty-five and thirty 15 days prior to a primary or general election to administer timely voter 16 registration and absentee ballot application by eligible citizens at 17 each such facility in accordance with subdivision three of this section 18 using board of elections electronic tablets and digital resources wher- 19 ever possible to effectuate electronic voter registration in accordance 20 with section 5-802 of this chapter and electronic absentee ballot appli- 21 cation in accordance with section 8-408 of this title, resorting to 22 paper forms only in extenuating circumstances or where employing such 23 tablets and digital resources would be impracticable, provided however, 24 that the board of elections in the city of New York may dispense with 25 such site visit if the approved written procedures for voting at such 26 facility required by paragraph (a) of this subdivision expressly author- 27 ize and direct the board of inspectors attending such facility pursuant 28 to subdivision three of this section to conduct and process same-day 29 voter registration and to receive and process same-day in-person absen- 30 tee ballot applications, including, for applicants that are determined 31 to be entitled to vote, delivery of the applicable ballots; and 32 (iii) allocate and deploy sufficient equipment, personnel, and 33 resources when attending correctional facilities and local correctional 34 facilities within its jurisdiction at levels that, in consultation with 35 the state board of elections, take into account the estimated number of 36 eligible voters, historical data regarding the time taken to check in 37 and process voters at an office of the board of elections or a polling 38 place, public safety and security considerations, the division of incar- 39 cerated individuals among buildings, and other relevant factors. 40 17. Nothing in this section shall prejudice or limit the rights under 41 state and federal law of any voter who votes pursuant to the methods in 42 this section, including the rights and remedies provided for under title 43 two of article seventeen of this chapter. 44 § 5. The election law is amended by adding a new section 8-415 to read 45 as follows: 46 § 8-415. Absentee voting; application and registration drive for citi- 47 zens detained or confined at correctional facilities and local correc- 48 tional facilities. 1. This section applies to any correctional facility 49 or local correctional facility, as such terms are defined in section two 50 of the correction law, for which absentee balloting is not provided 51 pursuant to section 8-407 of this title, except for any such facility 52 where the persons detained or confined at such facility are exclusively 53 under the age of eighteen. For each such facility, the board of 54 elections shall coordinate with the superintendent, administrator, 55 director, designated democracy officer or agent to facilitate voter 56 access by ensuring that all eligible citizens are provided with access
A. 2121 8 1 to electronic personal voter registration pursuant to this article or 2 voter registration by application which shall be processed pursuant to 3 sections 5-208 and 5-210 of this chapter, as applicable, and, except for 4 county voters detained or confined at a correctional facility or local 5 correctional facility at which a polling place will be established 6 pursuant to section 8-109 of this article, that all eligible voters are 7 provided with an absentee ballot application no later than twenty-one 8 days prior to election day. It shall be the duty of each such super- 9 intendent, administrator, director, designated democracy officer or 10 agent to assist the board in the discharge of its duties pursuant to 11 this subdivision, including, but not limited to making available suit- 12 able space and reasonable accommodations within such facility. 13 2. The state board of elections shall promulgate non-partisan educa- 14 tional materials in plain language about the voting rights of individ- 15 uals currently incarcerated and formerly incarcerated for inclusion in 16 the inmate handbook or similar materials and reentry resources. Nothing 17 in this subdivision shall prohibit the inclusion or distribution of 18 non-partisan educational materials in additional resources provided to 19 or made available to incarcerated or formerly incarcerated individuals. 20 3. Without limiting the provisions of subdivisions one and two of this 21 section, the board of elections in the city of New York, in performing 22 its obligations under subdivision one of this section, shall deploy 23 interpretive resources and language-related assistance to ensure all 24 eligible individuals have an effective opportunity to register to vote 25 and apply for an absentee ballot, to the extent justified by the needs 26 of the voters actually detained or confined. 27 § 6. The election law is amended by adding a new section 3-507 to read 28 as follows: 29 § 3-507. Federal correctional facilities, voting at. 1. Each board of 30 elections and the board of elections in the city of New York shall 31 employ best efforts to ensure that the eligible persons detained or 32 confined at any federal correctional facility located within the juris- 33 diction of such board may have an effective opportunity to register and 34 vote in a manner consistent with the voter access programs prescribed by 35 sections 8-109, 8-407, and 8-415 of this chapter, respectively, as would 36 be applicable to such facilities if those facilities were local correc- 37 tional facilities or correctional facilities. 38 2. For purposes of this section, best efforts shall include a direct 39 engagement with the leadership of a federal correctional facility or 40 agent or democracy officer thereof, which shall occur no later than 41 February fifteenth in each even year. Such biennial engagement shall 42 include a written request for coordination and cooperation in the 43 provision and facilitation of voter access to eligible citizens detained 44 or confined at such facility for the forthcoming federal election cycle. 45 3. The provision and facilitation of voter access to eligible citizens 46 under this section shall be subject to, and administered pursuant to, 47 written procedures agreed upon by a board of elections and the leader- 48 ship of a federal correctional facility within the jurisdiction of such 49 board of elections to ensure orderly administration of the absentee 50 balloting program at such facility that is approved by the state board 51 of elections at least sixty days before they shall be effective. 52 § 7. Subdivision 1 of section 17-208 of the election law, as added by 53 chapter 226 of the laws of 2022, is amended to read as follows: 54 1. Political subdivisions required to provide language assistance. A 55 board of elections or a political subdivision that administers elections 56 shall provide language-related assistance in voting and elections to a
A. 2121 9 1 language-minority group in a political subdivision, or to citizens 2 belonging to a language-minority group detained or confined at correc- 3 tional facilities or local correctional facilities, if, based on data 4 from the American community survey, or data of comparable quality 5 collected by a public office, such data indicates that: 6 (a) more than two percent, but in no instance fewer than three hundred 7 individuals, of the citizens of voting age of a political subdivision, 8 or in the city of New York the citizens of voting age detained or 9 confined at correctional facilities or local correctional facilities, 10 are members of a single language-minority group and are limited English 11 proficient. 12 (b) more than four thousand of the citizens of voting age of such 13 political subdivision are members of a single language-minority group 14 and are limited English proficient. 15 (c) in the case of a political subdivision that contains all or any 16 part of a Native American reservation, more than two percent of the 17 Native American citizens of voting age within the Native American reser- 18 vation are members of a single language-minority group and are limited 19 English proficient. For the purposes of this paragraph, "Native Ameri- 20 can" is defined to include any persons recognized by the United States 21 census bureau or New York as "American Indian" or "Alaska Native". 22 § 8. Section 500-j of the correction law, as amended by chapter 291 of 23 the laws of 2009, is amended to read as follows: 24 § 500-j. Who may visit local correctional facilities. The following 25 persons may visit at pleasure all local correctional facilities: The 26 governor and lieutenant-governor, secretary of state, comptroller and 27 attorney-general, members of the legislature, judges of the court of 28 appeals, justices of the supreme court and county judges, district 29 attorneys [and], every clergyman or minister, as such terms are defined 30 in section two of the religious corporations law, having charge of a 31 congregation in the county in which such facility is located, and 32 bi-partisan board of elections officials and inspectors appointed by the 33 board of elections in the county where any such facility is situated or 34 the board of elections in the city of New York, in order to discharge 35 their duties under sections 8-407 and 8-415 of the election law. No 36 other person not otherwise authorized by law shall be permitted to enter 37 the rooms of a local correctional facility in which convicts are 38 confined, unless under such regulations as the sheriff of the county, or 39 in counties within the city of New York, the commissioner of correction 40 of such city, or in the county of Westchester, the commissioner of 41 correction of such county shall prescribe. 42 § 9. Subdivision 1 of section 146 of the correction law, as amended by 43 chapter 274 of the laws of 2019, is amended to read as follows: 44 1. The following persons shall be authorized to visit at pleasure all 45 correctional facilities: The governor and lieutenant-governor, commis- 46 sioner of general services, secretary of state, comptroller and attor- 47 ney-general, members of the commission of correction, members of the 48 legislature and their accompanying staff and any employee of the depart- 49 ment as requested by the member of the legislature if the member 50 requests to be so accompanied, provided that such request does not 51 impact upon the department's ability to supervise, manage and control 52 its facilities as determined by the commissioner, judges of the court of 53 appeals, supreme court and county judges, district attorneys [and], 54 every clergyman or minister, as such terms are defined in section two of 55 the religious corporations law, having charge of a congregation in the 56 county wherein any such facility is situated, and bi-partisan boards of
A. 2121 10 1 elections officials and inspectors appointed by the board of elections 2 in the county where any such facility is situated or the board of 3 elections in the city of New York, in order to discharge their duties 4 under sections 8-109, 8-407, and 8-415 of the election law. No other 5 person not otherwise authorized by law shall be permitted to enter a 6 correctional facility except by authority of the commissioner of 7 correction under such regulations as the commissioner shall prescribe. 8 § 10. Section 75 of the correction law, as amended by chapter 103 of 9 the laws of 2021, is amended to read as follows: 10 § 75. [Notice of voting] Voting rights. 1. Freedom to vote. All 11 persons who may have been or may hereafter be detained or confined at, 12 or committed to or taken charge of by any correctional facility, who are 13 qualified to register for and vote at any election pursuant to section 14 5-102 of the election law and not subject to exclusion by section 5-106 15 of the election law, are hereby declared to be entitled to the free 16 exercise and enjoyment of the elective franchise without discrimination 17 or preference. 18 2. Opportunity to register to vote and request ballots. The rules and 19 regulations established for the government of any correctional facility 20 shall recognize the right of detained or incarcerated individuals, who 21 are qualified to register for and vote at any election pursuant to 22 section 5-102 of the election law and not subject to exclusion by 23 section 5-106 of the election law, to the free exercise of their right 24 to vote in accordance with the provisions of the constitution and, to 25 effectuate such end, shall allow for access by the eligible individuals 26 to electronic personal voter registration or voter registration by 27 application pursuant to article five of the election law and to access 28 absentee balloting services through the electronic absentee ballot 29 application transmittal system or by paper application pursuant to title 30 four of article eight of the election law, in such manner as may best 31 carry into effect the spirit and intent of this section and be consist- 32 ent with the proper discipline and management of the correctional facil- 33 ity. Such services shall be made available within the buildings or 34 grounds, whenever possible, where the detained or incarcerated individ- 35 uals are required by law to be confined, in such manner and at such 36 hours as will be in harmony with the rules and regulations of both the 37 facility and the board of elections, and such facilities shall secure to 38 such individuals the free exercise of their right to vote in accordance 39 with the provisions of this section. In case of a violation of any of 40 the provisions of this section, any person feeling themselves aggrieved 41 thereby may exercise any rights and remedies provided for under state 42 and federal law, including by instituting proceedings in the supreme 43 court of the district where such facility is situated, which is hereby 44 authorized and empowered to enforce the provisions of this section. 45 3. Duty to cooperate. Pursuant to sections 8-109, if applicable, 46 8-406, 8-407, 8-415, and 17-208 of the election law, the superintendent 47 of each correctional facility shall cooperate with the board of 48 elections in developing and implementing a plan to facilitate at least 49 one method of voter access for all persons eligible to vote who are 50 detained or confined at each such facility, including, but not limited 51 to providing timely clearance, access, and security for board of 52 elections personnel and resources, and making available to such board 53 space and reasonable accommodations within such facility for the 54 discharge of its duties. The department shall issue regulations direct- 55 ing each such facility to ensure the timely delivery, and to facilitate 56 the timely return if applicable, of all official election mail, forms,
A. 2121 11 1 notices or communications to any individual detained or confined at such 2 facility and that non-partisan plain language educational materials 3 about the voting rights of individuals currently incarcerated and 4 formerly incarcerated are included in the inmate handbook or similar 5 materials and reentry resources. Nothing in this subdivision shall 6 prohibit the inclusion or distribution of non-partisan educational mate- 7 rials in additional resources provided to or made available to incarcer- 8 ated or formerly incarcerated individuals. Without limiting any rights 9 or remedies provided to voters under the law, there shall be a presump- 10 tion of a violation of subdivision one of section 17-212 of the election 11 law when any superintendent, employee, or agent of such correctional 12 facility, by commission or omission, intentionally frustrates the 13 purposes of this section. 14 4. Rights restoration upon release and registration. Prior to the 15 release from a correctional facility of any person the department shall 16 notify such person verbally and in writing, that [his or her] such 17 voting rights will be restored upon release and provide such person with 18 a form of application for voter registration and a declination form, 19 offer such person assistance in filling out the appropriate form, and 20 provide such person written information distributed by the board of 21 elections on the importance and the mechanics of voting. Upon release, 22 such person may choose to either submit [his or her] such completed 23 application to the state board or county board where such person resides 24 or have the department transmit it on [his or her] such person's behalf. 25 Where such person chooses to have the department transmit the applica- 26 tion, the department shall transmit the completed application upon such 27 person's release to the state board or county board where such person 28 resides. 29 § 11. Section 510 of the correction law, as amended by chapter 473 of 30 the laws of 2023, is amended to read as follows: 31 § 510. Voting [upon release]. 1. Freedom to vote. All persons who may 32 have been or may hereafter be detained or confined at, or committed to 33 or taken charge of by any local correctional facility, who are qualified 34 to register for and vote at any election pursuant to section 5-102 of 35 the election law and not subject to exclusion by section 5-106 of the 36 election law, are hereby declared to be entitled to the free exercise 37 and enjoyment of the elective franchise without discrimination or pref- 38 erence. 39 2. Opportunity to register to vote and request ballots. The rules and 40 regulations established for the government of local correctional facili- 41 ties shall recognize the right of detained or incarcerated individuals, 42 who are qualified to register for and vote at any election pursuant to 43 section 5-102 of the election law and not subject to exclusion by 44 section 5-106 of the election law, to the free exercise of their right 45 to vote in accordance with the provisions of the constitution and, to 46 effectuate such end, shall allow for access by the eligible individuals 47 to electronic personal voter registration or voter registration by 48 application pursuant to article five of the election law and to access 49 absentee balloting services through the electronic absentee ballot 50 application transmittal system or by paper application pursuant to title 51 four of article eight of the election law, in such manner as may best 52 carry into effect the spirit and intent of this section and be consist- 53 ent with the proper discipline and management of the correctional facil- 54 ity. Such services shall be made available within the buildings or 55 grounds, whenever possible, where the detained or incarcerated individ- 56 uals are required by law to be confined, in such manner and at such
A. 2121 12 1 hours as will be in harmony with the rules and regulations of both the 2 facility and the board of elections, and secure to such individuals the 3 free exercise of their right to vote in accordance with the provisions 4 of this section. In case of a violation of any of the provisions of this 5 section, any person feeling themselves aggrieved thereby may exercise 6 any rights and remedies provided for under state and federal law, 7 including by instituting proceedings in the supreme court of the 8 district where such facility is situated, which is hereby authorized and 9 empowered to enforce the provisions of this section. 10 3. Duty to cooperate. Pursuant to sections 8-406, 8-407, 8-415 and 11 17-208 of the election law, the superintendent of each local correction- 12 al facility shall cooperate with the board of elections in developing 13 and implementing a plan to facilitate at least one method of voter 14 access for all persons eligible to vote who are detained or confined at 15 each such facility, including, but not limited to providing timely 16 clearance, access, and security for board of elections personnel and 17 resources, and making available to such board space and reasonable 18 accommodations within such facility for the discharge of its duties. The 19 department shall issue regulations directing each such facility to 20 ensure the timely delivery, and to facilitate the timely return if 21 applicable, of all official election mail, forms, notices or communi- 22 cations to any individual detained or confined at such facility and that 23 non-partisan plain language educational materials about the voting 24 rights of individuals currently incarcerated and formerly incarcerated 25 are included in the inmate handbook or similar materials and reentry 26 resources. Nothing in this subdivision shall prohibit the inclusion or 27 distribution of non-partisan educational materials in additional 28 resources provided to or made available to incarcerated or formerly 29 incarcerated individuals. Without limiting any rights or remedies 30 provided to voters under the law, there shall be a presumption of a 31 violation of subdivision one of section 17-212 of the election law when 32 any superintendent, employee, or agent of such local correctional facil- 33 ity, by commission or omission, intentionally frustrates the purposes of 34 this section. This subdivision shall not apply to any facility where the 35 persons detained or confined at such facility are exclusively under the 36 age of eighteen. 37 4. Rights restoration upon release and registration. Prior to the 38 release from a local correctional facility of any person convicted of a 39 felony the chief administrative officer shall notify such person verbal- 40 ly and in writing that [his or her] their voting rights will be restored 41 upon release and provide such person with a form of application for 42 voter registration and a declination form, offer such person assistance 43 in filling out the appropriate form, and provide such person written 44 information distributed by the board of elections on the importance and 45 the mechanics of voting. Upon release, such person may choose to either 46 submit [his or her] their completed application to the state board or 47 county board where such person resides or have the department transmit 48 it on [his or her] their behalf. Where such person chooses to have the 49 department transmit the application, the chief administrative officer 50 shall transmit the completed application upon such person's release to 51 the state board or county board where such person resides. 52 [2.] 5. Upon discharge or release from the custody of a local correc- 53 tional facility, the chief administrative officer of such facility 54 shall, in consultation with the county board of elections, distribute to 55 every person eighteen years of age or older a written notice on the 56 voting rights of such person in the state of New York, including infor-
A. 2121 13 1 mation on the importance and mechanics of voting, when such person is or 2 may become eligible to vote, and offer to every such person a voter 3 registration form; provided that, if an individual declines to accept a 4 voter registration form, the chief administrative officer shall maintain 5 a written record of such declination. Notice is not required for those 6 individuals being transferred to a different local correctional facili- 7 ty, individuals being transferred or released to the custody of a state 8 correctional facility or institution, or individuals being released to 9 the custody of a hospital or mental health institution for treatment. 10 § 12. Subdivision 6 of section 137 of the correction law is amended by 11 adding a new paragraph (p) to read as follows: 12 (p) Any incarcerated individual confined in a cell or room, apart from 13 the accommodations provided for individuals who are participating in 14 programs of the facility, or any incarcerated individual held in segre- 15 gated confinement who is eligible to vote shall be entitled to register 16 to vote and vote as set forth in sections 8-407 and 8-415 of the 17 election law. 18 § 13. Subdivision 9 of section 1057-a of the New York city charter, as 19 amended by chapter 481 of the laws of 2023, is amended to read as 20 follows: 21 9. In addition to the other requirements of this section, the depart- 22 ment of correction shall [implement and administer a program of distrib- 23 ution and submission of early mail and absentee ballot applications, and 24 subsequently received early mail or absentee ballots, for eligible 25 incarcerated individuals. Such department shall offer, to all incarcer- 26 ated individuals who are registered to vote, early mail and absentee 27 ballot applications, and a means to complete them, during the period 28 from sixty days prior to any primary, special, or general election in 29 the city of New York until two weeks prior to any such election. Such 30 department shall subsequently provide any early mail or absentee ballot 31 received from the board of elections in response to any such application 32 to the applicable incarcerated individual, as well as a means to 33 complete it. Such department shall provide assistance to any such incar- 34 cerated individual in filling out such application or ballot upon 35 request. Such department shall, not later than five days after receipt, 36 transmit such completed applications and ballots from any incarcerated 37 individual who wishes to have them transmitted to the board of elections 38 for the city of New York. The provisions of this subdivision shall not 39 apply in any specific instance in which the department deems it unsafe 40 to comply therewith] assist, coordinate, and cooperate with the board of 41 elections in developing and implementing a plan to facilitate voter 42 access for all persons eligible to vote who are detained or confined at 43 each facility, in accordance with the democracy during detention act. 44 § 14. Subparagraph (a) of paragraph 4 of subdivision a of section 3202 45 of the New York city charter, as added by section 2 of question 2 of 46 local law number 211 of the city of New York for the year 2018 is 47 amended to read as follows: 48 (a) Subject to appropriation and after consultation with the mayor's 49 office of immigrant affairs and the department of city planning, estab- 50 lish a program for providing language interpreters at poll sites 51 throughout New York city for the purpose of facilitating participation 52 by limited English proficient individuals in voting in elections held in 53 the city, which shall include correctional facilities and local correc- 54 tional facilities located in the city. To the extent practicable, the 55 commission shall consult and coordinate with the board of elections of
A. 2121 14 1 the city of New York in the development and implementation of the 2 program established pursuant to this paragraph. 3 § 15. This act shall take effect on the first of July next succeeding 4 the date on which it shall have become a law; provided, however, that 5 the amendments to section 17-208 of the election law made by section 6 seven of this act shall take effect on the same date and in the same 7 manner as chapter 226 of the laws of 2022, as amended, takes effect. 8 Effective immediately, the addition, amendment and/or repeal of any rule 9 or regulation necessary for the implementation of this act on its effec- 10 tive date are authorized to be made and completed on or before such 11 effective date.